This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alimony Spouse Support For Child In Texas
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US-00002BG-I
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It is important to note that child support takes precedence over spousal support in Texas. This requirement means that if a person has limited financial resources, they must fulfill their child support obligations first before allocating funds towards spousal support.
After a divorce, it's common for one spouse to make payments to the other as part of the divorce agreement. These payments can be alimony, child support or a mix of both.
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six ...
In short, while there are instances where a remarriage will have an impact on the level of child support, unless your ex's new spouse legally adopts a child, they are not responsible for child support.
Under California law, for the most part, a new spouse's income is not used in the calculation for child support. It may only be considered when not doing so would cause extreme and severe hardship to the child involved. Usually, the calculation is made strictly using the parents' gross income.
Texas child support law does not take into consideration the payee spouse's (obligee) income or the income of the obligor's spouse. The obligor's income includes, but is not limited to: All the wages and salaries earned (including tips and overtime), Self-employment income.