Divorce
We can help you with the divorce process whether it is a contested or uncontested divorce.
A contested divorce occurs when no agreement can be reached by the parties involved. This ranges from the inability to agree to custody provisions, child support, the division of the marital estate and sometimes even the most minute aspects of the divorce process.
Generally, a case becomes automatically contested when both of the parties have each retained their own counsel. It can also happen when only one of the parties retains counsel and the other party chooses to represent themselves. When that happens the party that chose to proceed without an attorney is labeled as a Pro se party.
An uncontested divorce just means that the divorce process will not be contested and that the parties have reached an agreement in all matters pertaining to the divorce. This can only occur when the parties have reached an agreement.
Sometimes a contested divorce can turn into an uncontested divorce and vice-versa. It all depends in your situation and the facts of each case.
Custody
What is custody?
In Texas, the legal word for custody is “conservatorship.” The words "custody" and "conservatorship" describe your relationship with a child when there is a court order.
What if I don’t have a court order?
Legal custody can only be created by a court order. Without a court order, there is nothing for a judge to enforce. Each parent is free to take the child at any time.
What is a conservator?
A person with court ordered custody of a child is called a “conservator.”
There are three types of conservators:
- Joint Managing Conservator
- Sole Managing Conservator
- Possessory Conservator
What is a Joint Managing Conservator?
Texas law says that parents should usually be named Joint Managing Conservators. A joint conservatorship order means the parents share decision making about most issues, including education and healthcare.
It does not mean the child’s time is split equally between the parents. A possession order will say when each parent has the right to time with the child.
Child Visitation & Possession Orders.
In most joint conservatorship orders, one parent will have the exclusive right to decide where the child lives (usually within a certain geographic area). This parent is called the “custodial parent” and the child usually lives primarily with this parent.
The other parent is called the “non-custodial parent.”
In some joint conservatorship orders, neither parent will have the exclusive right to decide where the child lives but the child’s residence will be restricted to a certain geographic area, like a school attendance zone or county.
The law says that parents should not be named Joint Managing Conservators if there is a history or pattern of violence by one parent against the other parent.
What is a Sole Managing Conservator?
When there is a good reason to do so, one parent (or sometimes a non-parent) can be named Sole Managing Conservator. A Sole Managing Conservator has the exclusive right to make most decisions about the child.
Reasons a judge might name a parent (or nonparent) Sole Managing Conservator include:
family violence by the other parent
child abuse or neglect by the other parent
alcohol or drug abuse by the other parent
absence of the other parent in the child’s life
What is a Possessory Conservator?
If one parent is named the Sole Managing Conservator, the other parent is usually named the Possessory Conservator. If a nonparent is named the Sole Managing Conservator, both parents will usually be named Possessory Conservators. A Possessory Conservator still has the rights of a parent, but will not have the final say on most decisions.
Child Support
I don't make a lot of money, are there different guidelines if my income is low?
Yes. Starting September 1, 2021, there are different child support guidelines for people whose monthly net resources are less than $1,000. See Texas Family Code 154.125(c).
What are the low-income child support guidelines?
Under Texas law, child support is actually calculated as a percentage of monthly net resources, not a percentage of income.
Texas law sets the following general guidelines for calculating child support. Child support based on these guidelines is called “guideline child support.”
In child support suits filed on or after September 1, 2021, a lower percentage of child support will be withheld if the noncustodial parent has $1,000 or less in monthly net resources.
1 child = 15% of the noncustodial parent’s average monthly net resources
2 children = 20% of the noncustodial parent’s average monthly net resources
3 children = 25% of the noncustodial parent’s average monthly net resources
4 children = 30% of the noncustodial parent’s average monthly net resources
5 children = 35% of the noncustodial parent’s average monthly net resources
6 or more children = not less than the amount for five children.
See Texas Family Code chapter 154.125(c).
The amount of child support must be in the best interest of the child.
Example: Calculating child support for two children under low-income guidelines.
If a noncustodial parent’s average monthly net resources are $900, then guideline child support for two children would be $180 per month.
Under the low-income child support guidelines, child support for two children would be 20% of the noncustodial parent’s average monthly net resources, and 20% of $900 is $180.
If you have more than one child together, the amount of child support ordered will “step down” as child support ends for each child.
Using the same example, if you have two children, low-income guideline child support would step down from $180 per month (20% of $900) to $135 per month (15% of $900) when the oldest child turns 18 and graduates from high school. See Texas Family Code 154.127.
Is there an online child support calculator?
You can use the Texas Attorney General Child Support Calculator to calculate regular guideline child support.
What if the noncustodial parent has other children?
Guideline child support is slightly different if the noncustodial parent has other children.
See Texas Family Code 154.129.
If the child support payor has a very low income, and children in more than one household, how do you calculate child support?
In child support suits filed on or after September 1, 2021, different guidelines will apply if the noncustodial parent has children in other households, and the noncustodial parent's monthly net resources are less than $1,000.
Premarital & Postmarital Agreements
The Texas Family Code allows parties to enter into a prenuptial agreement, or prenup, before marriage. It makes those agreements enforceable so long as they meet the requirements set out in the Texas Family Code. The prenuptial agreement can also govern issues during a divorce, such as spousal support or alimony.
A postmarital agreement is very similar to a premarital agreement the only difference being that postmarital agreements are done after the parties enter into the marriage relationship.
No matter the type of agreement that you need, one thing is certain. You need an experienced attorney by your side to guide you through the process and to make sure such agreement is enforceable. These types of agreements have to be drafted very clearly, and in a way that follows the strict guidelines dictated by the Texas Family Code.