GrammaLatte
enthusiast
Reged: 02/14/08
Posts: 307
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Texas has a statute for alimony for marriages of over ten years -- a capped percentage and the spouse has a significant burden of proof to show that the support is needed.
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Been there, done that, don't wanna do it again
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dewbman
recently joined
Reged: 04/02/08
Posts: 6
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Just want to say thanks to everyone. I know I'll have more ?s to come but this helps get the ball rolling. The "D" is not fun and if breaking away from her and having to pay then so be it. Better than staying in my eyes!!!
Thanks again......
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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Before you say that, one would need to know what she makes to see if she's truly capable of supporting herself.
Poster, how much does your wife make?
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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GrammaLatte
enthusiast
Reged: 02/14/08
Posts: 307
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Before I say what? I gave a summary of a TX statute regarding spousal support. It's up to the poster to decide if it is applicable or not.
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Been there, done that, don't wanna do it again
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dewbman
recently joined
Reged: 04/02/08
Posts: 6
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roughly btw 20,000-25,000 / year
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1966Gal
Carpal \'Tunnel
Reged: 04/04/08
Posts: 10098
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That's pretty low. I think you are going to be looking at some spousal support because her earning ability is close to poverty level for a family of 3.
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The Gov cannot give anything to anyone - that they have not first taken away from someone else.
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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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as CS is based on income. So if your income is higher, you'll likely pay some support, but not as much as what she would then owe you would come out of that, leaving a small amount owed.
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Char Fox
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GrammaLatte
enthusiast
Reged: 02/14/08
Posts: 307
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[quote]I treat him like my own and would still after the storm but not sure if she would allow visitation rights with this child or how she would go about the rights of this child. I would think that he would not be considered "common law" but again I'm new to this and that's why I'm asking these ?s. [/quote]
Not being the bio dad "usually" means no CS. However, since you have taken the responsibility for him for almost 14 years, a judge may view CS as a necessary, anyway.
Especially if you say, "I have one child, she has one child, therefore no CS".
And additionally, you want visitation spelled out. Same rules apply regarding the issue of bio Dad vs not.
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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The stepchild can't even be taken into consideration for the purposes of this divorce, other than the STBXW being given deduction from her income for her requirement to support him.
If I'm wrong, give me a statute or appeals case that says otherwise.
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Don't drink and park, accidents cause people.
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