Texas Divorce Recovery

Child Support

The good news is that your child will be protected financially. The bad news is if you're looking for long-term alimony, you'll likely be disappointed. Everything is big in Texas it would seem, except alimony.

Texas child support laws provide that in cases where a marriage annulment or marital annulment is sought, and there are children of the marriage, that those children be afforded the same rights, protections and parental financial support, including that the children are not considered illegitimate offspring of the parents, that other children of the state receive. If a marriage separation (sometimes referred to as a marital separation or legal separation) has been decreed, the court will make such further orders for the support and maintenance of either spouse and for the support, maintenance, and education of minor children, by either spouse, or out of the property of either spouse, as the court deems appropriate.

Q. Child support laws have set percentages that must be taken from parental income, right? What are they?

A. In situations in which the payer nets $6000 per month or less, the following guidelines will be applied: 1 child 20% of income, 2 children 25%, 3 children 30%, 4 children 35%, 5 children 40%, 6 children not less than 40%. These are applied to gross income (before taxes are taken out).

Q. For how long does child support have to be paid? Is the age 18 at which time it ends?

A. Child support will continue until the child reaches the age of 18 or when they graduate from high school, whichever occurs later. Child support does not end if your ex-spouse dies and your child has not graduated from high school or has not reached age 18.

Q. Do state laws mandate that medical coverage or health insurance for family members be continued after the divorce is final?

A. In most cases health insurance coverage is ordered to continue, often paid by the individual earning the higher income. Medical insurance for a spouse is often terminated with the dissolution of the marriage unless that parties have negotiated it to continue, or the judge orders continued coverage.

Concerned about custody and visitation battles in the future? Will your spouse try to take advantage of you? Get an online parenting plan and set up the calendar before you get divorced. Adjust it to the court ordered visitation schedule. If your ex knows it's online and you are documenting things, it's less likely you'll be constantly challenged. Click on the demo link to view the program.

 

 

 

Q. How is child support calculated for state residents?

A. Residents must adhere to child support guidelines found in state divorce laws. TX child support for children is calculated by multiplying the proper percentage by the paying parent's net income. The net income is determined by subtracting 5 items from the parent's gross income. Those 5 items are: federal income tax, social security taxes, state income tax, any union dues and health insurance premiums for the children.

Q. How is support supposed to be paid?

A. In nearly every case courts will order TX child support to be paid directly to State Disbursement Unit and then on to its destination. To encourage payment to the State Disbursement Unit, divorce laws in Texas require that any payment not made according to the court order be considered 'gifts' and not credited toward one's child support obligation. Most court orders include a wage assignment, making this issue moot, but all other payments that qualify as child support should go through the SDU.

Q. My ex plays games, and denies me visitation, or parenting time, and it violates our parenting agreement. Can I withhold my child support payment because she is held in contempt of court?

A. Absolutely not. You must continue to pay child support, and have the option of bringing an enforcement action against her.

Q. I understand there is a division of child support for this state that has information on child support guidelines and a child support office I can contact. Is it OAG Child Support Interactive?

A. You heard correctly. Texas does have a division of child support and a child support office, and it is a system that has won awards for how helpful it is to parents needing assistance with child support services. It is a section of the web site attached to the Texas Attorney General's web site, and it is referred to as Child Support Interactive, or OAG Child Support Interactive, or Texas Child Support Interactive. The site provides information and laws surrounding child support in Texas. Visitors can use the web site to receive child support payment from the non-custodial parent, apply for services that the web site and the state of Texas offer, check the status of a case or the status of payments, and many other features. You must first have a child support case in the system, which means you will need an order from the court detailing child support payment due. Access is by a Customer Identification Number (CIN#), effectively contacting the office of the Attorney General once you have a court order for child support. The site allows you to apply on-line for a CIN#.

Q. Can the OAG Child Support Interactive web site get my ex to pay child support?

A. The OAG Child Support Interactive site has staff and lawyers that can guide you through the process, but do not represent you. If you can afford an attorney, you should consider that. From our perspective, unless your ex has significant income or assets, the prohibitive cost of legal representation might suggest you use the OAG Child Support Interactive web site. Basically, what are the odds of collecting? Low probability= the OAG Child Support Interactive web site. High probability = your own lawyer.

Q. How do I find out how much my former boyfriend will have to pay in child support? Is there a child support calculator somewhere?

A. The OAG Child Support Interactive web site has a child support calculator there, or you can go to AllLaw.com and use a child support calculator for Texas residents there.

Q. If I want to use the Child Support Interactive resources but want to do it in person at a local child support office, can I? Where do I find a list of nearby offices?

A. OAG Child Support Interactive has offices all over the state. Plug in your Zip Code here.

Q. When does the obligation of child support end in Texas?

A. Child support ends when the child reaches age 18, or graduates from High School, whichever is later.

Q. What is the child support formula and what do they mean by adjusted income?

A. Adjusted income pertains to both parents' income less some deductions. First determine the gross monthly income of each parent. Subtract pre-existing alimony and child support paid to a third party and subtract alimony received in this case. That is adjusted income.

More on child support

[Texas Code - Family Code - Chapters: 154.001-154.309]

Marriage Annulment - Marital Annulment

Q. I've read that Texas laws make a marriage annulment more difficult to get than annulments in other states. What kind of marriages can receive a Texas annulment?

A. Your marriage must be such that it is void or voidable. Void marriages are marriages that never could have been, and voidable marriages are marriages that never should have been.

Q. Please describe what conditions can be grounds for a marital annulment of void marriages in Texas?

A. There are only two 'grounds' for annulment that Texas courts will allow upon petition for void marriages.

Consanguinity - you can request an annulment if you and your spouse are too close as relatives, and

Bigamy - if your spouse was married to someone else when he/she married you.

Q. Please describe what conditions can be grounds for annulment of voidable marriages in Texas?

A. Marriage under the age of 14, being under the influence of alcohol or drugs, Impotency, Fraud & Duress, or Mental Incapacity are all grounds for a marriage annulment.

Q. Can one get a separation first before filing a petition for annulment? I'm undecided about what to do.

A. In theory, one could get a marital separation before applying for an annulment, but the courts might frown on the indecision. If the marriage needs to be dissolved, go straight to an annulment.

Q. What is the procedure to file for an annulment in Texas?

A. According to Texas Family Code, section 6, subchapter B, you must satisfy specific criteria for an annulment to be granted:

• You must file an annulment petition with the court (Texas requires three copies filed). Call your District Court on how to get the form and where to file your papers.
• The petition must include personal information on both parties, the date you were married, the location in Texas where you were married, that no children were born from the marriage, and the specific grounds for an annulment (see above comments on grounds).
• The filing fees for an annulment will generally total less than $150.00, and will depend on your particular circumstances. Check with the Circuit Court.
• If you and your spouse agree to the annulment, obtain a annulment waiver of service signed by your spouse (avoids having to process serve your spouse a summons). Your spouse will need to notarize the waiver form for it to be valid. Your spouse should be given a copy of the petition when you receive the waiver notice.
• File the waiver of service, the filing fees and an annulment decree with the Circuit Court. The annulment decree can be obtained from the Circuit Court, and contains a statement detailing the grounds for annulment, and that you both agree to the annulment. If everything is in order after a review by the court, a judge will sign the decree and notify you both in writing that the marriage has been annulled.
• If your spouse refused to sign the waiver of service, you will have to have him/her served by a process server such as the Sheriff. Response time to reply to the service is limited to 20 days.
• A court hearing will be scheduled if your spouse filed a response to your petition or did not sign a waiver or response. At the hearing, you both can present your cases. At the conclusion of the hearing, the judge will decide for one party. If the judge decides for your petition for annulment, the annulment decree will be signed, and the marriage will be over. 

 

[Texas Code - Family Code - Chapters: 6-Secs 102-110]

Child Custody

Q. What is the difference between the terms "child custody" and "conservatorship".

A. The legal system uses the term "conservatorship" instead of custody. The terms are interchangeable.

Q. Please explain "conservatorship"? Which parent is likely to get physical custody of the children?

A. The parties have the opportunity to agree on a Texas parenting plan, visitation schedule and custody agreement, but if they are unable to agree, the court will intervene and impose custody particulars. In the absence of any abuse or unfit parenting, Texas family code presumes that awarding joint custody ("conservatorship") is in the best interest of the child. Despite laws stating there should be no gender bias when awarding child custody, courts award custody to Mothers in over three-quarters of all cases.

Q. Many states will consider a child's preference as to which parent he or she wishes to live with. Is there such an age in Texas divorce laws?

A. Courts may consider a child's wishes at age 12, but are not obligated to the preference.

Q. When would I need a child custody order?

A. If you're currently married and in the process of divorce or separation, you would need a custody order.

Q. Is a Texas Parenting Plan mandatory by law?

A. The court's temporary order doesn't require that you have a plan in place, but the Final Order will. If you have not reached agreement on a final parenting plan on or before the 30th day before the date set for trial, you may file with the court and serve a proposed parenting plan. Should you be in the position to file a plan at this time, the advantage is yours, as the court will work off your plan.

Q. Any suggestions on what we might include in a visitation agreement?

A. We would recommend you consider drawing up a visitation agreement and/or a Texas parenting plan, which should include language that defines which parent will pick up and drop off children, what each will do if one parent becomes habitually late, a provision for the right to be called first if the parent caring for the children needs to make other arrangements such as finding a sitter, and how much exposure they'll want for their children should a new partner enter either parents life. Issues such as having those new partners stay overnight should be decided. Include any other matters that would reduce the friction in the future. Or..use a Parenting Plan Template, and avoid leaving out important details.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Q. It appears I'm headed toward a big fight over who gets custody of my child- me or my ex. I can sense custody battles for years. What can I do to give me an advantage?

A. In the end, child custody laws in Texas empower the family court to decide on child custody based on the best interests of your child, but you can make sure your side is very prepared to present your case in its best light. Child Custody Strategies™ provides a library of information that gives you the edge in Child Custody Battles.

Q. What are the parental rights and duties of me as one of the parents?

A. The rights and duties include:

• the parental right to have physical possession, to direct the moral and religious training, and to designate the residence of the child,
• the duty of care, control, protection, and reasonable discipline of the child,
• the duty to support the child, including providing the child with clothing, food, shelter, medical and dental care, and education
• the duty, except when a guardian of the child's estate has been appointed, to manage the estate of the child, including the right as an agent of the child to act in relation to the child's estate if the child's action is required by a state, the United States, or a foreign government
• except as provided by Section 264.0111, the right to the services and earnings of the child
• the right to consent to the child's marriage, enlistment in the armed forces of the United States, medical and dental care, and psychiatric, psychological, and surgical treatment
• the parental right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child
• the parental right to receive and give receipt for payments for the support of the child and to hold or disburse funds for the benefit of the child
• the parental right to inherit from and through the child
• the parental right to make decisions concerning the child's education, and
• any other right or duty existing between a parent and child by virtue of law.

Download Texas Divorce Forms
More on child custody

[Texas Code - Family Code - Chapters: 5-153.004-153.434]

Alimony - Spousal Support - Maintenance

Q. Do divorce laws permit alimony (also known as spousal support or maintenance)?

A. Texas uses the term maintenance in place of alimony. In most cases benefits are limited to three years as it is designed as a temporary rehabilitative measure. If you are a spouse who agreed to care for your children while your mate earned the income outside the home, you'll find this provision particularly annoying. In many cases this greatly delays divorce recovery in Texas.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Q. I've heard about Contractual Alimony and Court Ordered Maintenance with respect to alimony or spousal support. What do these terms mean?

A. Contractual alimony refers to an agreement between the couple in their divorce decree. The Internal Revenue Service ordinarily deems this alimony income to the receiver and deductible to the payor. Court ordered Maintenance is beyond the scope of this Q&A.

Q. What factors do the family courts consider when determining an award of spousal support?

A. Factors the family courts will use in Texas spousal support determinations include:

• the financial resources of the spouse seeking spousal support, the education and job skills of the spouses,
• the length of the marriage,
• the age,
• employment history,
• earning ability, and health condition of the spouse seeking spousal support,
• the ability of the spouse from whom spousal support is requested to meet that spouse’s personal needs,
• the dissipation of any marital assets,
• the financial resources of the spouses,
• the contribution by one spouse to the education or earning capacity of the other,
• any pre-marital property,
• the contribution of a spouse as homemaker,
• any marital misconduct of the spouse seeking spousal support, and
• the efforts of the spouse seeking maintenance to pursue available employment counseling.

[Texas Code - Family Code - Chapters: 8.001-8.055]

Child Visitation For The Non-Custodial Parent

Q. Can us parents determine what the Visitation Agreement says and permits, or must we accept the court's?

A. If you and your spouse can agree, you can submit visitation forms or a Parenting Plan to the court, and if it meets the 'best interest of the child' principle and is lawfully permitted by Texas divorce law, the court may very well incorporate the visitation schedule or agreement into the divorce.

Q. What's a visitation or possession order?

A. A visitation or possession order is an order providing parenting guidelines, giving a standard or default set of dates and times for a non-possessor conservator to have access to the child. In other states it would be called a Parenting Schedule. The court will issue parenting guidelines that will often involve: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer. If the parties live within 100 miles of each other the non-custodial parent is entitled to 30 days during the summer. If the parties reside more than 100 miles apart the non-custodial parent gets 42 days. The party not entitled on the child's birthday will receive several hours on that day.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

Q. Does my child have to go to her Father's when she does not want to go? We rotate weekends and she often finds reasons why she shouldn't be forced to go.

A. The answer is a definite maybe. By this we mean that it depends on your situation. Does your child say why she does not want to go? Does it appear that she has safety concerns, or is it that she just wants to maintain her schedule there at home?

It also depends on where you are in the state. Some courts (notably those in Dallas and Collin county) insist that the child has no choice in the matter until they are mid-teens. Some courts insert the possibility of parents and the child working out these issues among themselves. The custodial parent runs the risk of siding with the child and alienating the other parent, sometimes to the point where the non-custodial parent has a valid claim of contempt of court against the custodial parent.

We suggest that if there is no valid reason for refusing to go other than convenience, you should probably join with the other parent and explain to the child why it is important to keep the visitation schedule.

 

[Texas Code - Family Code - Chapters: Chap 153 Sec. 153.007, 153.0071 and 153.312]

Property Settlement - Dividing Marital Assets

Q. Texas is a community property state. How do divorce laws affect our assets and a possible divorce settlement?

A. The court will identify and set aside those assets that are solely each party's, and then divide the Texas community property assets evenly. The parties will have an opportunity to reach a divorce settlement, and if unsuccessful, will have the court make the division.

Q. My spouse owned the house solely when we got married. In a divorce settlement, I believe I am entitled to half of any appreciation of that property since our marriage, and my spouse says I deserve nothing. Who is right?

A. Don't sign the settlement agreement until you get legal advice. You are likely correct, but there are nuances that can impact that judgment. For example, if you refinanced the property, it would change all equations. Speak with an attorney.

Q. My husband wants to offer me a divorce settlement from his retirement accounts (401(k), IRAs, etc) using a QDRO (Qualified Domestic Relations Order) court order, but I suspect the offer is very low. Is there somewhere I or we can go to get a fair valuation and distribution?

A. You have two choices. You can have your divorce attorney prepare a property division proposal (they usually hire an outside, third-party for an evaluation) at significant cost, or you can get your soon-to-be-ex to agree to an accurate but affordable method using The QDRO Desk software.

Q. Is there a single best suggestion for protecting me and my share of the marital estate?

A. Yes, Lock up the assets

If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.

More on divorce settlements

[Texas Code - Family Code - Chapters: 7.001-7.006]

Legal Separation - Marital Separation

Q. Is Legal Separation in Texas recognized by state laws? Is that also a marital separation?

A. The action is usually referred to as "separate maintenance" where the couple reside apart but are still legally married. A Legal Separation typically resolves property distribution and child support and custody issues without ending the marriage. Most states have some form of legal separation, however, Texas does not. In Texas, temporary orders concerning marital issues can be granted while a divorce is pending, but there is no provision for an indefinite legal separation.

Q. Since Legal Separation in Texas isn't recognized, and I want to maintain health benefits I am currently using as a married person, what are my choices?

A. If you aren't divorced yet, you can petition the court and request alimony (a.k.a. spousal support) and have included in the order of maintenance enough funds to cover health insurance premiums when you are single.

Q. Our marriage didn't last three months before I found out I was lied to. I believe the dishonesty qualifies for an annulment. Can I get a separate maintenance separation in Texas while I decide if I want an annulment or not?

A. We would suggest going straight to the marriage annulment. A separation may look indecisive, and remember that you must convince the court you were tricked or lied to. Delaying it may look bad.

 

More on legal separation

[Texas Code - Family Code - Chapters: Chapter 7.006]

Texas Family Code Section 105.009 makes provisions for parenting classes for those parents headed toward divorce. While the code does not require couples complete a course in order to be divorced, most counties and their courts make them mandatory. You must check with your local county clerk to ascertain whether classes are mandatory or not (we bet they are). If you take the class early on, you will avoid delays in the divorce and will receive valuable guidance on coping with divorce. The classes cover the following topics:

1. Conflict Management
2. Family stabilization through development of a coparenting relationship
3. The emotional effects of divorce on parents
4. Parenting issues relating to the concerns and needs of children at different development stages
5. The emotional and behavioral reactions to divorce by young children and adolescents
6. Stress indicators in young children and adolescents
7. The financial responsibilities of parenting
8. Family violence, spousal abuse, and child abuse and neglect
9. The availability of community services and resources

  Online Parenting Class - Our online parenting classes allow you to work at your own pace. You do not have to miss time away from work, school, or personal commitments. You can access our Texas classes from any computer with Internet access from any location in the world! Our courses are professionally developed and inspiring. You may log on/off as many times as needed until you finish. Work from home, school, anywhere! Available 24/7.

Presented by AJ Novick Group, Inc.

 

 

 Priceless Parenting - The parenting classes we offer are grounded on decades of positive parenting experiences from real life situations and backed by the latest scientific research in child development. Our parenting approach includes ideas that have stood the test of time and worked well for millions of parents.

Presented by Priceless Parenting, LLC

Grounds For Divorce

Q. What grounds for divorce are accepted by the courts?

A. A petition for divorce in Texas can contain one of two specified grounds, Fault or No-Fault.

Fault based grounds include:

• Mental Cruelty,
• Adultery,
• Imprisonment or Conviction of a felony,
• Abandonment,
• Living Separate and Apart and
• Insanity and confinement to a state mental hospital.

No-fault based grounds include:

The marriage has become unsupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Another way of saying it: irreconcilable differences.

 

[Texas Code - Family Code - Chapters: 6.001-6.007]

Residency - You Must Be A Legal Resident Of This State

Q. How long must one have lived in Texas to file a petition for divorce, separation or annulment? What are the residency requirements?

A. Texas requires that one spouse must have resided in this state for at least six months immediately preceding the filing. On the condition that the residency requirement has been met by one spouse, either the resident or non-resident may file in Texas.

 

 

[Texas Code - Family Code - Chapters: 6.301]

Using A Mediator To Resolve Your Differences

Q. Are there provisions for mediation or marriage counseling in TX divorce laws?

A. There are no mandatory mediation procedures, although you can be take advantage of these healing tools when appropriate, or, the court can order you two to mediation.

Q. What do they mean when they say we should have a mediated settlement agreement (MSA)?

A. An MSA is an agreement that you both have drawn up together with the help of a mediator, that details the sum of your agreements regarding assets and debt, property and specifics of how you will parent your children, if any. The MSA is binding on you both if 1.) provides, in a prominently displayed statement that is in boldfaced type or capital letters or underlined, that the agreement is not subject to revocation, 2) signed by you both and 3) is signed by your attorney(s) if you have one. The attorney(s) must sign the agreement in addition to your signatures.

 

 

[Texas Code - Family Code - Chapters: 6.302 and 6.304]

Grandparents Visitation Rights

Q. Are grandparents permitted to petition the court for any form of visitation of grandchildren in Texas?

A. Visitation may be granted if the grandparent’s adult child has been incarcerated in jail or prison during the three month period preceding the application, has been determined to be legally incompetent, or is dead; if the parents are divorced or have been living apart for the three months period preceding the filing of the application or if a suit for dissolution of the marriage is pending; if the child has been abused or neglected by a parent; the child has been adjudicated to be a child in need of supervision or a delinquent; the grandparent’s child has had their parental rights terminated; or if the child has resided with the grandparent for at least six months in the twenty-four month period preceding the filing of the application.  

A grandparent may not petition for visitation if both natural parents are dead or have had their parental rights terminated. Further, grandparents are not allowed access to the child if the child has been adopted unless the person adopting the child is a step-parent or both parents had executed affidavits designating a person or agency as managing conservator of the child.

Worried about the prospect of custody battles in your future? Want to know how to win a child custody battle? Don't be blind sided by your ex. Learn the facts by owning a complete Child Custody Library on the best strategies for winning or keeping child custody.

[Texas Code - Family Code - Chapters: 153.432-434]

Waiting Period

Q. Are there any waiting periods associated with dissolution, separation or annulment petitions?

A. State laws set a minimum 60-day waiting period after filing before a Texas divorce can be granted.

Q. How soon after the divorce can I marry again?

A. Neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed. If you are considering remarrying the person you just divorced, there is no time restriction, although you might consider getting your head examined first. You can petition the court to waive the 31 day requirement if you show good cause.