Child Support

18 posts

Divorce Gavel

The Financial Impact of Going Through a Divorce With Kids

 These days, it is not uncommon to see unhappy couples staying together because of the kids. There are many reasons why a lot of people choose to live their lives this way. They may not want to go through the mess of a divorce and the psychological effect it will have on the kids. Without a doubt, divorce is really daunting. Think about how the kids would have to be passed to the other parent on schedule. Co-parenting after a divorce is definitely challenging. A lot of parents are concerned about its effects on the children’s growth and development. Many also worry about the financial impact that goes along with it even more. Child support can pose serious financial issues, and these issues are enough to keep couples together despite mutual dissatisfaction in their marriage.   Financial Impact on Relationships   Many researchers have conducted various interviews and studies addressing this issue. One particular study focused on the relationship between finances, children and relationships. According to the results, 14% of the respondents of the research divulged that they chose to stay in an unhappy relationship because it was more practical. For obvious reasons, when children are in the picture, money concerns are heightened some more. Most parents […]

Divorce And The Mediation Process

Divorce can be a very long process and it is full of twists and turns.  It doesn’t help that there are a variety of different ways that you can go about the process.  One step that you might encounter in the process is mediation.  In today’s article, you will learn about the process of mediation in a divorce and what it is like. What Is Divorce Mediation? In a divorce mediation, a third party is brought in to objectively help both sides of the divorce to reach a settlement.  This third party is a neutral person and is called a mediator. A mediator will work with both parties to come to an agreement in the following areas: Child Support Custody Visitation Alimony Division of Property Business Allocation What Does A Mediation Process Look Like? Each mediator will run the process slightly different.  Many mediators will want to meet with each party individually before the process begins.  This allows them to learn about the case and the party.  It helps the mediator to develop the background information they need to make the process fair. During the process the mediator will determine where you and the other party(s) agree and disagree.  Areas […]

A Quick Guide to Divorce

Adultery and Alimony in Texas

Adultery is one of the factors behind couples filing for divorce in Texas. Married couples experiencing adultery are most likely to separate at some stage of their lives. In cases where adultery causes divorce of a couple, there is a strict need to define the rights and responsibilities of the parties involved, especially those pertaining to financial matters. One can file for divorce based on adultery in Texas. Adultery can affect the decision of financial issues in a Texas court such as alimony and property division. It is defined by Texas Law as having been deliberately involved in a sexual relationship with somebody who is not your spouse. While filing for a divorce resting on adultery, it is crucial to produce a proof of the affair, which could be anything from phone records and emails to photos and videos, in the court. Generally, courts in Texas grant alimony to the candidate who does not have enough financial resources to support himself/herself and whose ability to earn has been damaged during all those years of the marriage. Alimony is granted if: the spouse applying for alimony cannot earn because he/she has to look after a minor child or because he/she has […]

CPS Parent Resource Guide

CPS Parent Resource Guide Part 13: Disability and Inability to Care

Part 1 and 2 of this section will handle those particular CPS issues, which include special topics. Special topics are but are not limited to: parents who have special physical or intellectual needs or who live with a mental illness; Fathers, especially fathers who don’t see their children, teenage parents, or parents who are in prison may also have questions specific to their situation. This section includes information to address these more individual issues. A. Parents with Disabilities or Special Needs It is important to be aware of whether you are a parent with a disability or special need because The Americans With Disabilities Act (ADA) applies to CPS cases. Temporary conditions, such as a broken leg, usually are not covered. Additionally, any condition relating from the abuse of drugs or alcohol is not covered. The ADA defines a disability as a condition that “substantially limits a major life activity.” The ADA does not give a list of all the possible disabilities or special needs. Instead, the law covers “physical or mental impairment that substantially limits one or more major life activities.” If you know (or think) you have a disability or special need, then you need to tell your lawyer […]

A Quick Guide to Divorce

Divorce, Custody, and Visitation in Texas

Divorce, Custody, and Visitation in Texas: What You Need To Know Going through a divorce is hard business.  People from all around Texas and the rest of the country would agree with you on this.  It is easier though if you know what to expect.  Hopefully this can provide some information so that you can better know what to expect from a divorce, and what you need to know about custody and visitation in Texas. Divorce in Texas Divorce is the legal separation of a marriage.  In Texas divorce is also commonly referred to as the dissolution of marriage.  There are two different types of divorce: fault divorce and no-fault divorce.  Both of these types of divorce are fairly explanatory.  A fault divorce implies that one or both parties did something that would cause them to no longer want to be together.  A no-fault divorce is when both parties mutually decide that they no longer want to be together. The process of a divorce is one that is done through the court system.  In Texas, one of the parties seeking divorce will file a petition for divorce.  Typically, both parties hire lawyers and negotiated either in a courtroom or through arbitration.  […]

Texas Paternity FAQ

Texas Paternity FAQ

Frequently Asked Legal Questions About Paternity in Texas There are a lot of questions about paternity in Texas that get asked regularly.  We wanted to save people a little bit of googling and try answer as few of the most common ones in one place.  This guide to the frequently asked legal questions about paternity in Texas is meant to aid you but not to replace the role of an attorney. Define Paternity For Me? When a baby is born and there are questions about the father, you seek to establish paternity.  Paternity is, therefore, the legal identification of who the father of a child is.  This process is typically done through genetic matching of the child’s DNA to the father’s DNA. Is Paternity Testing Only Performed On Babies? While paternity testing is typically performed on babies it has been used to test kids of any age.  This helps to establish who the father is no matter what the situation is. Can You Force A Paternity Test? The short answer is yes, you can force a paternity test.  To do this you need to petition the court for a court ordered paternity test.  This order can also include conditions for what […]

Texas Primary Custody

Deciphering Texas Primary Custody

Does Primary Custody Exist? Usually a misnomer due to its frequency in popular culture, “primary custody” is not an actual legal term recognized in Texas. Texas courts will typically appoint both parents as “joint managing conservators” or “JMCs” for their children, and what people commonly refer to as “primary custody” tracks most closely with the party who is granted an exlusive right to determine “primary residency” of the child. To better understand this concept, I find it helpful to think about all the different rights and duties of a parent as strands of a rope. Prior to court involvement, all those rights and duties are “together” unified with both parents. Both parents have the full complement of rights and duties at all times, and neither parent has any authority to stop the other from exercising those rights, or conversely the obligation to take any particular action in regards to the child. There are pros and cons to this situation, but the main downside, and the one that the court most specifically tries to address, is that in the event of a disagreement there is no clear way to make a decision or to break a tie. If parents are on […]

Texas Child Support Net Resource

Texas Child Support Calculation

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 […]

Texas Child Support Guidelines

Texas Child Support Guidelines

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 […]

Texas Divorce

How Do You File for Divorce in Texas?

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 […]