North Texas Temporary Spousal Support Lawyer

1. The length and history of the marriage of the parties, the general rule being that the longer the marriage, the more likely and significant the award of temporary support.
2. The ability of the spouse seeking temporary support to be self-sustaining or self-supporting.
3. The lifestyle of the parties during the marriage, and the financial arrangements the parties have lived under in the past.
4. The availability of funds from which temporary support can be paid.
5. Whether the spouse seeking support is unemployed or employed at an insufficient income level, in whole or in part, because the non-requesting party required the spouse to forego employment or curtail a career.
6. The availability of funds after deduction of any child support which is being ordered.
7. The employability of the receiving spouse and what effort that spouse has made in seeking employment.
8. The financial obligations imposed on the paying spouse regarding the preservation of community assets, such as mortgage payments, insurance, car payments, and the like, as well as those obligations imposed on the paying spouse which directly benefit the spouse requesting temporary support.
9. The pattern established by the parties for the payment of bills during the marriage.
10. Any fault alleged in the breakup of the marriage. In cases where fault is alleged, temporary spousal support should never be used as a punishment, but rather it should be used to protect the innocent spouse.
11. The proven financial needs of the requesting spouse and the extent to which the requesting spouse lacks sufficient means to meet those needs.
12. Any history or pattern of family violence.

Other variables are considered if present of course, no two divorces are similar in every way. Many counties require the parties to complete a specific income and expense statement to present at the temporary orders hearing. If the requesting spouse’s income exceeds their basic needs, the request will likely be denied. If the needs exceed the requesting party’s available income, the amount of the client’s shortfall is a reasonable amount to request as temporary spousal support. Before deciding on a dollar amount to request as temporary spousal support, financial needs must be understood. Credibility in the courtroom is always imperative, and it is therefore important to confirm that the expenses claimed by a party are reasonable and not excessive, as well as consistent with the parties’ expenses historically. While there may be need by one spouse, the other spouse may not always have the means to assist. The judge must find that the non-requesting party has the ability to make support payments in the amount ordered. The court may not make the non-requesting party destitute in order to pay the support.