Texas Supreme Court hears whether child support counts toward spousal maintenance under Family Code §8.051

The Supreme Court of Texas heard argument on whether child support payments should be treated as the spouse's property when determining eligibility for spousal maintenance under Texas Family Code §8.051.

The question arose during argument in a divorce-related appeal in which the court of appeals concluded the wifeproved monthly minimum reasonable needs of roughly $2,780.08 and, on the court of appealsreading of the record, had monthly income at least equal to those needs. The parties disagree whether child support should be counted as the payee spouse's property (and therefore credited against any spousal maintenance award) or excluded and instead treated separately under the child-support statutory scheme.

Petitionercounsel (identified in the record as Mr. Luchesana / Mr. Lucasano) told the court that section 8.051 focuses on the spouse's own property and that child support should be excluded when assessing the spouse's "minimum reasonable needs." "In order to qualify for an award of spousal maintenance under section 8.051 of the family code, a spouse must…