Do I Have To Pay Child Support and Spousal Maintenance in Texas?

 Posted on July 04, 2025 in Child Support

Child support and spousal maintenance, also known as spousal support or alimony, are separate obligations determined by different criteria. You could end up obligated to pay both under appropriate circumstances, but child support takes precedence. If your situation changes, you may have grounds to modify either type of support. However, the court has strict standards for what constitutes a significant enough change in circumstances to modify support orders.

If you have concerns that you may face substantial support obligations after divorce, an experienced Austin, TX spousal maintenance attorney can help. We will ensure you understand how the court determines child and spousal support payments. If you need to modify existing orders, we will gather the evidence necessary to prove that your payments need to change.

How Does Texas Law Govern Cases Involving Child Support and Spousal Maintenance?

Under Texas Family Code § 154.062, child support counts as income for the parent receiving it. What does this mean for cases where a parent receiving child support is also seeking spousal support? It means that the court will include child support as part of net resources when determining whether someone is eligible for spousal support. However, a recent Texas Supreme Court decision significantly affects how courts decide spousal maintenance in these cases.

The June 30, 2025, decision in Mehta v. Mehta demands that the courts balance child support payments against the real costs of caring for the children. Previously, judges often counted child support as income for the spouse seeking maintenance. Then, it could appear that the person had enough money to meet their own needs. There was no consideration for how much of that money was spent on the kids. 

Under the new ruling, judges cannot add child support to a spouse’s income without considering the child’s expenses. This includes how much is needed for housing, food, school, medical care, and other child-related expenses. The change makes it more likely for many to qualify for spousal maintenance, even if they receive child support.

What Factors Do Texas Courts Consider When Deciding on Child Support and Spousal Support?

In Texas, courts look at many factors when deciding whether to order child support or spousal maintenance. For child support, judges examine the paying parent’s income, the child’s needs, and how much time the child spends with each parent. Texas Family Code § 154.123 details how child support is determined. However, every case has unique circumstances that impact the final decision.

Under Texas Family Code § 8.051, a spouse can only get spousal support if they lack enough property or income to meet their minimum reasonable needs. They must also meet one of the following conditions:

• The marriage lasted at least 10 years.

• The paying spouse was found guilty of family violence against the other spouse or the couple’s children.

• The spouse seeking support has a physical or mental disability that prevents them from working.

• The spouses have a child with a disability who requires significant care.

If you are currently seeking divorce, your attorney will walk you through the requirements to see if your spouse is eligible for maintenance.

Learn More From an Austin, TX Child Support Attorney Today

Navigating support laws in Texas can easily become complicated. A Travis County, TX divorce lawyer at Powers Kerr & Rashidi, PLLC can help protect your financial interests and ensure the court considers all relevant factors in a divorce case. Call 512-610-6199 today to schedule a confidential consultation and learn more about how we can assist you.