Texas Divorce Overview Everyone іѕ fаmіlіаr wіth the wоrd dіvоrсе but dоеѕ not know thе technicalities about it. It is іmроrtаnt thаt wе should bе able tо knоw things about dіvоrсе аnd whаt are thе thіngѕ thаt wе ѕhоuld соnѕіdеr about when people аrоund us or ѕресіfісаllу uѕ іnѕtеаd are planning tо еngаgе into thіѕ kіnd оf situation. Yоu ѕhоuld fіrѕt know whаt rеаllу dіvоrсе іѕ tо have a dеереr perception about this dіѕеаѕе іn thе community that іѕ not only ruіnіng thе lives оf the husband and wіfе but аlѕо thе реорlе thаt аrе іnvоlvеd in thе marriage, tоо. Aссоrdіng tо Wikipedia, “Dіvоrсе (оr the dіѕѕоlutіоn оf mаrrіаgе) іѕ the fіnаl termination of a mаrіtаl union, саnсеllіng the lеgаl dutіеѕ аnd responsibilities оf mаrrіаgе аnd dissolving the bonds оf mаtrіmоnу bеtwееn thе раrtіеѕ.” It is іmроrtаnt that we ѕhоuld bе able tо know thаt dіvоrсе іѕ not just mеrе breaking up but also hаvіng a permanent separation with the person thаt уоu have married. A divorce fоllоwѕ a ѕеt of court hеаrіng іn which they would dіѕсuѕѕ all thе thіngѕ thаt a mаrrіаgе controls, from thе kids to the fіnаnсеѕ would bе a ѕubjесt mаttеr in a divorce. Yоu ѕее, іt wоuld rеаllу bесоmе ѕо complicated for you and уоur fаmіlу tо ѕіnk іn to this “solution”, if іt іѕ a ѕоlutіоn аftеr all or mау trigger to ruin аll the реrѕоn’ѕ lіvеѕ thаt аrе іnvоlvеd in the ѕіtuаtіоn. Whаt аrе thе common grоundѕ fоr having a dіvоrсе? First of аll, іt would bе hаvіng аn extra mаrіtаl аffаіr. Thіѕ іѕ very соmmоn because аlmоѕt 1/4 оf a 100 оf those who dіvоrсе thеіr ѕроuѕеѕ hаvе this рrоblеm аnd they cannot take anymore whаt іѕ hарреnіng so thеу decide to have thеіr marriage divorced. Second […]
Texas follows a uniform process when it comes to filing for a divorce. The process applies to church marriage, common-law marriage and even same-sex marriage. This article will guide you through the typical steps taken in the process of acquiring divorce in Texas. The Procedure: An Original Petition for Divorce shall be filed with the court by the petitioner or one of the spouses, and shall serve on or deliver to the other spouse or the respondent. A waiver may be signed by the respondent-spouse with regard his to be personally served with the papers, if both of the spouses are working together. The petitioner-spouse can request for the issuance of a standard TRO or Temporary Restraining Order. The purpose of the TRO will be for the following: Ensure that no assets should disappear before being divided by the court, and Order that the spouses should act civilly toward each other and enjoin any threats and/or harassment toward each other. A court hearing must be scheduled after the successful issuance of a TRO by the court. The hearing must be within fourteen (14) days of issuance of the TRO. During this time, the Temporary Restraining Order may be turned into a temporary injunction against both parties by the court. If the issuance of a Temporary Restraining Order be unsuccessful, the respondent-spouse has twenty (20) days and the next following Monday to file his or her Answer. While the divorce is pending between the spouses, the court commonly considers temporary orders. This temporary order includes temporary spousal support. If the parties think they have not gathered all the pertinent information they need, the process of discovery will then be engaged in by the spouses wherein they exchange documents and information with each other. The spouses will have a discussion on the […]
Child Support Monthly Net Resources I get a lot of people coming into my office confused about exactly what income counts for the purpose of determining child support. The answer is usually pretty much everything that can be proved as income counts for calculating child support, but there are a few limited exceptions to that. In order to determine the amount of child support under statutory guidelines, Texas law applies a percentage formula to the “monthly net resources” of one parent or conservator ( the “obligor”). The percentage changes based on the number of children involved starting at 20% for the first child, and increasing by 5% per child after that until the maximum value. That part is simple enough, however the monthly net resource number to multiple that percent by is a little bit more complicated for a variety of reasons. Child Support Income Inclusions In general, your child support monthly net resources are the sum of all sources of income or assets from which income could be derived in a given year. Thus, “net resources” includes your salary, wages, tips, commissions, overtime pay, bonuses or any other compensation received for your personal services. This “net resources” calculation applies regardless of whether you are self-employed, a contract employee, or any other unique form of compensation. Your “net resources” also includes any unemployment benefits, retirement pay, pension income, severance pay, social security benefits (other than supplemental security income), rental income from real or personal property, disability or workers’ compensation benefits, alimony, spousal maintenance, interest income, stock dividends, capital gains, trust distributions, annuity income, royalty income, gifts and prizes. Bear in mind that the above list is not all-inclusive, either, and that any money received by you will likely be included as part of your “net resources” unless it is a […]
Child support calculations are one of those areas that people end up very confused about, leading to a wide variety of various calculators and tools for the purpose of determining what the guideline amount of child support should be set by the court. For the vast majority of cases, child support is calculated strictly according to this formula, and effectively is just a math equation to determine the amount owed each month. However, there are some rare occasions where the guideline amount of child support is not an appropriate amount, and in those situations the court does some some authority to deviate from traditional child support guidelines. It is important to be aware of all the different factors the court uses in determining the amount of child support owed as the “obligor.” Although the amount of child support based on the statutory percentage applied to an obligor’s monthly net resources is a presumption, the court has discretion to vary from the Texas statutory guidelines, upwards or downwards, based on relevant factors. These factors are known as “the best interest of the child factors” and the court’s discretion in deviation from the statutory guidelines is broad and considers the totality of the circumstances such as: A Few Texas Child Support Guideline Deviation Factors: The age and needs of the child; The child’s educational expenses beyond secondary school; Payment of health insurance or uninsured medical expenses for the child; Extraordinary educational, healthcare or other expenses of the parents or the child Whether either parent has managing conservatorship or possession of another child; Each party’s period of possession of and access to the child; Travel costs for exercising possession of and access to the child; Child care expenses; Each parent’s respective ability to contribute to the child’s support; Debts assumed by either parent; […]
Temporary Orders In the context of Family Law, there are many documents and orders that need to be taken into consideration in order to protect the family and the individuals that consist it. While there are families that are not successful together in the long run, it is acknowledged by the court that steps need to be taken in order to ensure that all the rights of each individual are not violated. Since cases in court take a significantly long time to arrive at a final decision, the law presents solutions in order to address problems that cannot wait for the final decision of the judge. This is called a Temporary Order. A Temporary Order remains to be one of the useful and helpful documents being used in the legal context. A Temporary Order stands essential especially in cases involving Family Law. It is not a requirement for all family cases to have temporary orders. These are only created when deemed necessary. However, as previously mentioned, family law cases usually take more than months to finish. To solve this, the court has opened the option to get a Temporary Order as it is one of the best solutions to be able to demand for several conditions concerning property rights, or custody of the children. Temporary Orders are presented to court through Temporary Hearings. These kinds of hearings are called by the judge before he/she gets to issue the Temporary Order. Once the judge arrives at a decision on the said order, the document stands as valid until it is changed by the judge himself. The Temporary Order may also change if the judge signs his final order on the case. Whatever the decision will be, both parties will have to respect the order of the court and apply this while […]
Divorce can be a very painful and expensive process for everyone involved, and often the best solutions come before the time that people are looking for divorce lawyers, and in fact, often before the marriage itself. Everyone knows the statistics in regards to divorce, but always seem to think that it is something that only happens to other people, not themselves. The reality is that divorce is much more pervasive than people expect, and it is important to lay the proper foundation in your relationship to make sure that divorce is never on the table. Before you and your partner say “I do,” the State of Texas encourages couples to attend a free premarital education course. One of the benefits of attending a premarital education course is that the 72-hour waiting period that is typically mandatory between the marriage ceremony and the actually issuing of the marriage license is waived. Additionally, couples who take the premarital counseling course receive the additional benefit of having a portion of their the marriage license fee waived. Communication skills, conflict management, and the key components of a successful marriage are all common topics facing new couples, and not so coincidentally are also common topics for couples facing a looming divorce. Such key topics are covered in detail through the course and can be vital tools in preventing a marriage from going down the path of divorce. Part of my job description as an attorney also includes the role of “counselor”, and that is one that I take seriously. Unfortunately, by the time I am involved in someone’s life, they are usually past the point of no return in regards to divorce, and there are limited options at that point. However, I encourage everyone who is considering marriage to not make that decision rashly, and […]
Acquiring custody of your children is a serious and difficult matter in someone’s life. Custody cases can be quite lengthy and take so long if the proper procedure is not followed. To make the resolution of the case is a successful one, handling the legalities of custody swiftly and effectively is important. This article will give you an idea on how to get started by following three main steps. Get a Lawyer Going through a custody case alone is possible but logically this is not the best way to go. The complications of custody cases, when handled poorly, can turn into bitter battles. A lawyer will be the one to help you prepare your case and take the needed steps throughout the whole process. The best interest and well-being of the children is of primary importance in custody cases. Although sometimes pricey, getting a lawyer is worth every penny because you will be paying to reach the best resolution that you can get for the well-being of the children. Prepare the Necessary Forms and Documents The state of Texas follows and proper procedure when it comes to filing for child custody. The starting point of this process is by filing a petition with clerk of the court using SAPCR or the Suit Affecting the Parent-Child Relationship form. The exception is when the parties went through divorce because SAPCR automatically applies in divorce cases. After filing this petition a paying the proper fees, official notice of the filing will be given to the other parent or party. The latter will then be given chance to file an answer to the petition, counter petition, or denial with the courts. Additional documents and completion of other forms may be further required before moving the case to mediation and/or trial. Gathering Evidence Gathering evidence […]
How do you file for divorce in Texas? A Texas divorce follows basically the same process whether you have attorneys or represent yourself, whether you have children or not, whether you have a lot of assets or little. Step One: jurisdiction. If you have lived in Texas for more than 6 months, you can file for divorce in Texas. Step Two: venue. Determine what county either you/your spouse or your children live in for at least 90 days. If not the same for all, the county the children live in will control. Step Three: petition. Prepare a petition for divorce. This is the document that opens the court’s file and begins the process. The petition will tell the court what your position is regarding the issues in the divorce. This may include whether a no-fault divorce or fault-based divorce is alleged, who should have conservatorship of the children, and whether any separate property exists that should be confirmed to a spouse. The petition must remain on file at least 60 days before finalizing the divorce – called the “cooling off” period. A contested divorce may last much longer than 60 days. Step four: service. Notify your spouse of the filing of the petition. If it is an agreed divorce, then the spouse can sign a waiver of service. Otherwise, the spouse must be formally served with citation of the divorce. The clerk of the court will issue the citation and it should be served personally upon the opposing spouse by a constable or private process server. Step five: temporary orders. If the divorce is not agreed, temporary orders may be necessary to set out some operating rules while the divorce works through the process. This could include seeking temporary orders on conservatorship or custody of the children, temporary child support, […]
If you have received an “Order/Notice to Withhold Income for Child Support,” you must not disregard the document. This notice should be handled immediately as a Texas employer who knowingly fails to withhold court-ordered child support may be subject to a $200 fine for each pay period during which it failed to withhold income and remit child support to the appropriate agency. Additionally, under Section 158.206 of the Texas Family Code, the employer who complies with the Order/Notice is not liable to the employee. However, as an employer it is imperative that you check your payroll records because Texas law mandates that you may not withhold more than 50% of your employee’s “disposable earnings.” Disposable earnings are the part that remains after mandatory deductions for medicare, federal income taxes, social security, union dues, nondiscretionary retirement contributions, and medical/hospitalization/disability insurance coverage for the employee and the employee’s children. There is a possibility that the Order/Notice could incorrectly exceed that amount and in that case seek guidance from your trusted family law attorney or another professional in human resources. Additionally, issues holding up a withholding order does not absolve the obligee from their responsibility to pay in the meantime. It is ultimately the responsibility to pay as directed by the court order regardless of whether it is being withheld or not, and failure to do so will result in significant amounts of back payments owed that accrue interest, as well as the possible risk of jail time for contempt of court. However, to make things even more complicated, in nearly every situation, you won’t receive any credit for direct payments to the obligor, which are considered “informal payments”. It is important to make sure to read the specific language of the court’s order so that you know exactly who and when you should […]