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$22K in Child Support and $65K in Spousal Support? Grey’s Anatomy Doc Probably Needs A Defibrillator

TMZ is reporting that Kevin McKidd, of the long-running television series “Grey’s Anatomy” has officially divorced. So, you ask: What’s the big deal? Another semi-famous Hollywood actor (admittedly, I haven’t watched the show in years, so he may be more famous than I realize) gets divorced. The possession and access schedule for the kids is interesting, but not really that newsworthy:

Kevin’s wife Jane had filed to end their 17-year marriage and the divorce is now final. They have joint legal custody of their 2 kids — ages 17 and 15. As for physical custody, they agreed to a “nesting arrangement.” The kids stay at the family home and the parents rotate in and out.

Nesting is an interesting concept. I have seen this in temporary orders, but rarely in a final divorce decree. In a nesting arrangement, the children stay in the same home at all times, and the parents move into the home during their periods of possession. For example, instead of the children visiting the parents every other weekend, the parents would actually visit the children those times.

However, the real story here is how much he has to pay in child support and spousal support.

As for money … Kevin will pay $22,440 in monthly child support, and will also pay for private school and summer camp. Jane will get $65,096 a month in spousal support, plus 20% of any income Kevin receives in excess of $3 million a year.”

In Texas, child support is based on a percentage of the paying parent’s net monthly resources. I have written about this before, but here is a quick refresher: For two children, the guideline percentage would be 25 percent. The guideline percentage is also capped at $8,550 in net monthly resources. Therefore, if this divorce was filed in Texas, McKidd would be most likely be paying $2,137.50 per monthly in child support.

The amount of spousal support is also more than 13 times what a Court can order in Texas. I have written about a spouse’s eligibility for spousal maintenance here and the amount and duration of spousal maintenance in Texas here.  In short, even if Jane was eligible for spousal maintenance (which is a tough task), she could only receive a maximum $5,000 per month for five years.

If you are going through a divorce, or thinking of going through a divorce, know the child support and spousal support guidelines. If you have more questions about the duration or amount of spousal maintenance or child support in a Texas divorce, contact me. I can be reached by phone at 214-526-5234 or by email at mailto:[email protected]. VernerBrumley’s principal office is located in Dallas, Texas.