If you have been a stay-at-home parent for the majority of your marriage and your spouse has been the primary breadwinner, it can be daunting to think about how your children will be supported financially once you go through with a divorce. This can leave you feeling trapped in a bad marriage without any options.
Thankfully, Texas is a community property state! Generally, this means that any earned income after you and your spouse got married and any assets purchased with that income will most likely be considered community property (unless you and your spouse have a prenup). Texas courts will generally divide all community property equally between spouses on divorce.
That is not all. Whichever spouse has primary custody of the children after divorce is generally entitled to monthly child support from the non-primary parent until the child(ren) turns 18. The amount will differ depending on how much money the non-primary parent makes and how many children need support. Generally, if both spouses have only one child together under the age of 18 and are not responsible for any children outside of the marriage, the non-primary parent will be responsible for paying 20% of their net pay to the primary parent. With each additional child, the percentage increases. If the non-primary spouse is responsible for children under 18 outside of the marriage, the percentage the non-primary owes will generally be lower.
Notwithstanding the division of assets and the monthly child support, it is recommended to also obtain a job, as the division of assets and child support alone will likely not be enough. However, knowing that you will likely be entitled to some financial support in Texas can relieve some of the financial stress, as you will not be completely on your own.
Don’t let your financial concerns keep you from leaving a marriage that you know is wrong for you. If you need help dividing your assets fairly and getting the child support you deserve, contact the Law Offices of Amber Shemesh to represent you in your divorce case.