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Texas Supreme Court hears dispute over whether child support counts as spouses property for maintenance
Summary
The Supreme Court of Texas heard oral argument in 230507, Meta v. Mehta, over whether child support should count as a spouses property when judges calculate eligibility for spousal maintenance under Family Code section 8.051.
The Supreme Court of Texas heard oral argument in 230507, Meta v. Mehta, over how courts should account for child support when determining eligibility for spousal maintenance under Family Code section 8.051. Petitioners counsel argued the statutory text excludes child support from the spouses property used to evaluate minimum reasonable needs; respondents counsel said treating child support as a resource is consistent with other Family Code provisions and practical realities of household budgets.
The issue matters because it affects how trial judges balance a spouses property against her minimum reasonable needs when awarding maintenance. If child support counts as the spouses property, it can reduce or eliminate a spousal maintenance…
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