Child Support


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When you are getting a divorce, establishing the rights and duties of Texas parents before the divorce is finalized is a must. It is also important to pay attention to the parenting plan that will be included in your final divorce decree. The parenting plan will include many things such as a guide to the rights and duties of Texas parents until the children graduate high school or turn 18, as well your considerations regarding your child after the divorce. In other words, the parenting plan will include information about conservatorship and child support as well as access and possession information. These factors cover the different parenting methods you’d have to adapt following the divorce. Of course, these factors are basically the same ones you need to maintain a good relationship with your child even while staying married. It’s just that in a divorce, the judge will spell out your duties and responsibilities clearly in a legal document. Most parents are most concerned about how much time they’d be allowed to spend with the children after the divorce. Here are the things you need to know about the factors mentioned above so that you can feel at ease somehow, and so that you can prepare for possible custody issues. Rights and Duties of Texas Parents in Conservatorship Every parent can relate to that longing for more time with the children. We all know how critical it is for our child’s growth and well-being too. When you are going through a divorce, it is natural to worry about these things more than usual. You will realize the importance of the time you get to spend with your child when you are on the verge of losing it. Of course, unless you have done something extreme, you won’t lose the right to […]

The Rights and Duties of Texas Parents   Recently updated !


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Parenting after your divorce can undoubtedly be stressful. There are changes that you’ve never dreamed you’d ever have to deal with but now you are expected to deal with them one by one. Life after divorce without kids is difficult enough but the adjustments you’d have to face when you have kids is even worse. You will have to help the kids cope with the changes while fighting to cope yourself. Your rights, duties, and responsibilities will undergo a massive change. It’s natural for a parent to be somewhat afraid and worried about what life may hold after your divorce. Parenting after your divorce requires a lot of courage, determination, and patience. It will also require you to cooperate with your ex-spouse even when you don’t want to face him or her ever again. Basically, parenting after your divorce requires you to deal with conservatorship, child support, adjusting to the changes in your rights and duties as parents, and dealing with your child’s school. There’s a possibility that your child will have to change schools or deal with the changes while staying at the same school. There’s also a chance that you will have to deal with CPS if you’re not careful, which is a total nightmare for any parent after the divorce. As if you don’t already have enough on your plate! In this article, we will give you a comprehensive guide to all these issues you will have to deal with in your parenting after your divorce. 1. Conservatorship There are many parents who want full custody of the children after their divorce. It mainly could have something to do with one parent’s relationship with the other parent. If the divorce did not end amicably, it is highly likely that one parent would want the full custody of […]

A Comprehensive Guide to Parenting After Your Divorce



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You may have noticed that adultery has snaked its way and somewhat settled itself into the society today. There are definitely more cases of adultery nowadays than ten years ago. Statistics suggest that this is somewhat related to people becoming less religious. Media such as movies and television programs are not helping either – they just help people become more comfortable in justifying adultery and decisions related to infidelity. Technology is also a factor because it makes adultery a lot easier. This is also one of the major reasons why the number of divorce cases and broken families are steadily on the rise. This post is not meant to be judgmental or offensive. Instead, it is just meant to discuss the relevant issues surrounding divorces that stem from adultery. This is a question that many clients ask: “How will adultery impact my divorce case?” Whether you are the one who cheated or the one who has been cheated on, there is a lot of information you need to know as you go down the path to your divorce. There will also be a handful of things to consider if infidelity is what led you to pursue divorce. The Big A If adultery has influenced you to seek a divorce, it is a ‘fault’ ground for your case. In most states in the United States, you can actually get a divorce without any valid reason. This type of divorce is referred to as a no-fault divorce.  With adultery in the picture, your divorce case can also be filed on a “fault” ground as well, which can potentially have some relevance in how things are ultimately divided. Adultery is when your spouse has engaged in sexual activity with another person during your marriage. Unfaithful thoughts and flirtations are not counted as adultery. […]

How Adultery and Pregnancy Affects a Divorce Case in Texas


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 Getting a divorce is a serious step in life, and for sure you won’t be undergoing a Texas Divorce for no reason. There could be one big reason or a hundred little things that made you decide to embark on the process of getting a Texas divorce. It can be messy and complicated especially when you get to the part where your marital properties and assets are to be divided.  Let’s say you have a strong reason for getting a Texas divorce. Would it then be possible for you to get a bigger or better share of your marital properties?   Reason for Divorce and its Effect on Your Finances   It is possible to get a Texas divorce despite having no strong reason for it. You can simply go to court and get a divorce by stating that you have irreconcilable differences or that you simply can’t get along with your spouse. This is pretty common and this kind of divorce is considered a ‘no fault’ divorce.   There are also some faults that can be considered as grounds for divorce, such as adultery. When you find out that your spouse is not being faithful to you, you can definitely go for divorce. Once you assert that the reason why you’re getting a divorce is adultery, you need to present proof to the judge. After you have proven your allegations to the judge, the judge will then decide whether or not to award you a disproportionate share of your marital properties. You will be given a share that is considered ‘just and right’ for your situation.   Effect of Infidelity on Property Division   When you are sure that your spouse has been unfaithful to you, you can file for a divorce. It would be best to include proof […]

How To Maximize Your Share of Your Marital Estate in a Texas Divorce



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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 where you agree will be taken care of quickly while others might require documentation and negotiation.  The mediator will guide the parties through the negotiations.  Part of their job is to come up with unique resolutions to conflicts. When is Mediation Used? Mediation is used in most divorce cases to determine the division of physical and monetary assets along with custody of children.  In many counties in Texas you will be required to attempt mediation before you are allowed to take asset division to court. Travis County is an example of a county that requires mediation.  However, it only requires […]

Divorce And The Mediation Process


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It can be pretty horrible when you’re just minding your own business and you suddenly receive a letter from the Texas Attorney General’s Child Support Division, demanding that you pay thousands of dollars in child support. It would feel as if your world has turned upside down in a matter of seconds. To make it worse, the letter informs you that you have been delinquent in paying child support. It’s a sticky situation, especially when you know in your soul and conscience that you are not a father – you are certain that you do not have a child. Does this shocking situation sound familiar? No, it’s not a plot of a movie, this really happens in real life. Of course, cases that require paternity determination do not always unfold like this, but you get the point: it’s pretty complicated. If you are in a similar situation, or if you know someone who is in a situation similar to the one we mentioned above, you need to understand that the  situation calls for a family law attorney. Legal advice would certainly be necessary to sort out the case. In cases such as the one mentioned in our scenario above, the ‘father’ can be absolutely certain that he does not have a child out of wedlock. In most cases, he would know the person listed as the mother of the child. It could be an old friend, an old classmate or a colleague. It’s possible for these cases to arise even if he was never in a romantic relationship with the mother of the child. That’s just the way our world is today. If you find yourself in this situation, it would help if you know what to do.   What to Do When You’re Suddenly a Father (But You Think […]

Paternity and DNA Testing in Texas: What You Need to Know



Knowing What’s In Your Child’s Best Interests
Your child’s best interests will always be a key point in your divorce and child custody cases. As you are well aware, your child feels the impact of the divorce even more than you do. It’s really a sad reality that you have to accept and deal with properly. You and your spouse can have some control over the circumstances that affect your divorce, but your child is completely helpless. It is quite common for children to feel confused and misplaced when their parents are undergoing a divorce. As a parent, you obviously would want to protect your children. The divorce probably happened because you want to protect your children from your spouse’s wrongdoings or abusive behavior. Knowing what’s in your child’s best interests would definitely help in ensuring that they can have a normal life during and after the divorce. The conflicts and the many issues that you will have to deal with throughout the duration of your divorce could take its toll on you. You might lose sight of the fact that your children are your priority. You could be blinded by things that you will fail to recognize what’s in your child’s best interests. How can you play your divorce according to your child’s best interests? 1. Avoid the Courthouse It might come as a surprise to many that a lot of divorce cases don’t get into the courtroom. Contrary to what movies and television depict, most divorces actually end in settlement, hence, there’s no need to pay a visit to the judge. The only problem with this option is that you might find it difficult to deal with your spouse when you are still at the peak of your anger. If your spouse has terribly wronged you, it can be quite uncomfortable to work together to […]

Focusing on Your Child’s Best Interests


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Child support is a responsibility of any parent. You could be having many different financial obligations so it’s quite natural to worry about how much child support will cost you. There will surely be many questions that will keep crossing your mind. These questions, you can always ask your lawyer for guidance, or you can check out our many articles on child support for more information too. The most common question family law attorneys get regarding child support is basically how much it would cost. Some people usually wonder if they will have to pay child support from the income they garner from overtime, and some also ask if it’s possible for them to reduce their overall income to avoid paying a higher amount of support. Calculating the Child Support Amount When we are looking for the answer to the above questions, we can always refer to the Texas Family Code. The Texas Family Code states that the annual gross income must be computed then recomputed to determine the gross income per month. The net income will need to be determined before the child support amount will be determined. Everything from wage or salary will be included in the computation including overtime page, tips, commissions, bonuses, royalty, retirement benefits, pensions, trust, severance pay, rental income, dividends and social security benefits will be included in the computation initially. This means that in computation, you will need to start by adding up all the income you’ve received for the entire year. You will then have to determine the net income, which means that you have to deduct the federal income taxes, state income tax, security taxes, medical insurance premiums and most of your regular deductions before the child support amount will be calculated. So basically, the answer to the most common child […]

Child Support: Overtime, Bonuses, and Guideline Calculations