STANDARD HOLIDAY VISITATION SCHEDULE IN TEXAS EXPLAINED

Many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.

Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the Holidays.

Standard Visitation Guidelines for Thanksgiving:

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

Standard Visitation Guidelines for Christmas Break:

The possessory conservator or non-primary conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;

The possessory conservator or non-primary conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years.

BOTH PARTIES CAN AGREE TO A MEDIATION IN A TEXAS DIVORCE

BOTH PARTIES CAN AGREE TO A MEDIATION IN A TEXAS DIVORCE

In most cases, divorce mediation can work, but both partners must be on the same page to some degree.

If most or all of the following are true for you, mediation might be right for you:

• You both agree that a divorce is best: Just because you want a divorce, does not mean your spouse does. Of course, nothing can stop you from obtaining a divorce, even if your spouse disagrees. However, this does mean that mediation will not work for you. If you both agree that a divorce is the right choice, on the other hand, you might be able to work together on achieving a resolution.
• There is no history of domestic violence or abuse: Typically, most mediators will not take a case that involves domestic violence because it is too difficult to determine if the victim is agreeing to settle out of fear or intimidation. Although Texas law does not require mediation, a judge can order it. If you can prove a history of domestic violence, however, you will be excused from attending these sessions.
• You and your spouse are open and honest about your finances: When a divorce involves hidden or wastefully dissipated assets, it complicates matters and requires the assistance of a forensic accountant. Mediation only works when both spouses willingly provide all pertinent financial information, including documents related to retirement assets, stocks, bank accounts, and other assets and debts.
• You agree on custody and visitation: Child custody is another frequently contested aspect of divorce. If you and your spouse are willing to compromise and work together on a custody arrangement or if you are already in agreement regarding what is best, mediation may be right for you.

ENFORCING CHILD SUPPORT IN TEXAS

ENFORCING CHILD SUPPORT IN TEXAS  

In Texas, parents are required to support their children financially until the child reaches the age of 18 or stops attending high school. If the child is disabled, this obligation will extend into adulthood. Texas law provides a variety of solutions for when a parent refuses to comply with the court’s child support order. These options include:

1. Withholding of Earnings: The court may order that up to 50% of the parent’s take-home pay be withheld
2. Contempt: If found to be in contempt, the noncompliant parent could face a $500 fine, up to 6 months in prison, or both. This option is usually not available if your support order is from a state other than Texas.
3. Suspension of State Licenses: The court could order that the parent’s driver, professional, and hunting and fishing licenses be suspended
4. Withholding State Contracts, Grants and Loans
5. Monetary Damages
6. Liens on Property

It is important to note that child support is completely separate from visitation rights. You cannot refuse to comply with a visitation schedule simply because your ex-spouse is late on their child support payments, and your ex-spouse may not refuse to pay child support simply because you have not complied with the visitation schedule.  

HOW DOES TEXAS DETERMINE CHILD SUPPORT? PART 2

HOW DOES TEXAS DETERMINE CHILD SUPPORT?  PART 2

Child Support Laws in Texas

The child support laws in Texas are not contingent upon which parent has custody of the children. In fact, the Texas Family Code mostly bases its decision on two things:

• the number of children who need support
• the amount of monthly income

A disgruntled ex-spouse who is frustrated that the custodial parent is withholding visitation cannot stop child support payments out of retribution, either. At its core, child support laws in Texas are intended to protect the rights and needs of the children over the desires of the parents.

In Texas, the State Attorney General oversees a Child Support Division that is committed to enforcing the laws surrounding child support in Texas. Not only does the Attorney General’s Office help establish paternity and enforce child support orders, but it also works to locate absent parents and collect delinquent child support payments.

How Much Do You Pay in Child Support?

Child support is based on the paying parent’s net income and other resources, as follows:

• 20% of net resources for one child
• 25% of net resources for two children
• 30% of net resources for three children
• 35% of net resources for four children
• 40% of net resources for five children

If you go to this link, it will take you to a child support calculator that will help you in determining the monthly amount that should be paid.  https://www.oag.state.tx.us/cs/calculator/

HOW DOES TEXAS DETERMINE CHILD SUPPORT? PART 1

HOW DOES TEXAS DETERMINE CHILD SUPPORT?  PART 1

There are many gray areas that exist in the practice of family law, but child support is not generally considered one of those areas.

The state of Texas has created guidelines for determining how much child support should be paid. The calculations include consideration of the following:

• The net income of the payor
• Child care costs associated with work
• Health insurance costs
• Child support already paid to other children

However, the court may take other factors into consideration when setting a child support amount, so it is not possible to determine a parent’s child support obligation until the court has made its decision. Each child and family situation is different, and there are other factors that the court may consider in certain cases.

For example, some children may have unusual needs that require consideration for more support.

WHEN YOU ARE ASKED TO PAY CHILD SUPPORT

If you are a parent who must pay child support, there are some earnings you may deduct from the total amount the court will consider for your child support payments.

Those deductions include:

1. All Social Security withholdings
2. All federal income tax withholdings (as if you were filing as a single with one exemption)
3. Medical insurance premiums paid for your children (not including you or your spouse)

UNCONTESTED V. CONTESTED DIVORCE: WHAT IS THE REAL DIFFERENCE?

UNCONTESTED V. CONTESTED DIVORCE: WHAT IS THE REAL DIFFERENCE?

When you file for divorce, one of the first decisions you need to make is whether you should pursue a contested or uncontested divorce. Each option has its own benefits, and choosing the right one can help you achieve an optimal outcome in your divorce case.

Understanding Contested vs. Uncontested Divorce:

If you’re considering filing for divorce but have yet to begin the process, you may wonder what the difference is between contested and uncontested divorce.

In a contested divorce, the parties disagree on terms for one or more divorce-related processes (examples include: property division, child care and support, alimony, etc.).

Alternatively, in an uncontested divorce, the parties agree on terms for ALL divorce-related processes and the divorce at large.

Is Uncontested Divorce Right for Me?

You may want to file for an uncontested divorce if:

• You’re interested in saving time and money. An uncontested divorce typically costs significantly less than a contested divorce, and the process for finalizing the divorce can take less time because there is less back and forth between the parties disagreeing about terms.

• You’re on good terms with your spouse (and wish to remain that way). If you and your partner are amicable with one another and can agree on terms for the divorce, an uncontested divorce is probably right for you.

CAN TEXAS CHILD VISITATION BE DENIED BECAUSE CHILD SUPPORT IS UNPAID?

CAN TEXAS CHILD VISITATION BE DENIED BECAUSE CHILD SUPPORT IS UNPAID?

TEXAS Family Code 154.011: SUPPORT NOT CONDITIONED ON POSSESSION OR ACCESS:

A COURT MAY NOT RENDER AN ORDER THAT CONDITIONS THE PAYMENT OF CHILD SUPPORT ON WHETHER A MANAGING CONSERVATOR ALLOWS A POSSESSORY CONSERVATOR TO HAVE POSSESSION OF OR ACCESS TO A CHILD.

A Custodial Parent cannot refuse or cut back on visitation of a non-custodial parent just because child support has not been paid. Many custodial parents use denial of visitation as an effective way of getting child support paid. Such conduct is against the law and punishable by contempt.

A child has an absolute right to visitation and child support. Absent compelling reasons, visitation with both parents is always considered in the best interest of the child. Non-payment of child support should be dealt with and enforced in a proper court.

The non-custodial parent is still very important to the child’s life and must be allowed to participate in her/his life. Conversely, a non-custodial parent cannot stop paying child support just because a custodial parent is denying visitation.

Unpaid Child Support and Visitation with a child are two separate and distinct duties indigent of one another. The non-custodial parent cannot be denied visitation for unpaid child support.

HOW LONG DO I HAVE TO PAY CHILD SUPPORT IN TEXAS?

Whether you are just now to the realization that you will have to pay child support or whether you have just been ordered, the fact is that you may be paying this monthly amount for quite some time. The real question is, however, when does your child support obligation end? What if your child moves in with you, what if your child moves out entirely, what if your child gets married before they graduate high school? All questions to be considered when paying monthly child support.

Understand that if nothing out of the ordinary occurs and your child continues to live with the parent receiving the child support, you have a statutory obligation to continue paying your child support. More than likely, you were ordered to pay a certain amount in child support each month due on the first day of each month and every month thereafter. You may have a court order that states the following:

“and a like payment being due and payable on the first day of each month thereafter until the first month following the date of the earliest occurrence of one of the events specified below:

1.the child reaches the age of eighteen years or graduates from high school, whichever occurs later, subject to the provisions for support beyond the age of eighteen years set out below;

2.the child marries;

3.the child dies;

4.the child enlists in the armed forces of the United States and begins active service as defined by section 101 of title 10 of the United States Code; or

5.the child’s disabilities are otherwise removed for general purposes; or If the child is eighteen years of age and has not graduated from high school.

HOW IS PROPERTY DIVIDED IN A TEXAS DIVORCE?

HOW IS PROPERTY DIVIDED IN A TEXAS DIVORCE?

When married couples divorce, the court either approves their agreed upon property division settlement, or makes property division decisions on the couple’s behalf. Texas is an equitable distribution state, which means that courts divide marital property fairly, but not necessarily equally.

When dividing property between spouses, the courts often consider the marriage duration and the spouses’ ages along with their mental/physical health. Reckless asset management, abuse and infidelity can also influence the court to decide against the spouse involved.

SEPARATE VS. COMMUNITY PROPERTY

The Court refers to divisible property as community property. Community property is property that couples own in common. According to the statute, community property is any property that is not separate property. Texas courts presume that property is community property unless a spouse proves otherwise by presenting clear and convincing evidence.

Generally, to prove that property is separate, you would trace asset acquisition and show that the spouse maintained the property separately during the marriage. Inheritances, gifts and assets acquired prior to marriage are examples of separate property.

However, when a spouse sells a piece of separate property and deposits the proceeds into a joint bank account, the money becomes co-mingled and it may be difficult to prove that the proceeds were separate.

WHAT IS COMMON LAW MARRIAGE IN TEXAS

Texas courts treat a common law marriage the same manner as traditional marriage, given that the spouses are able to prove the marriage is legitimate. Separating common law marriage partners must file for divorce, and follow the same rules for division of property, child custody, and child support as traditionally married couples.

What constitutes common law marriage in Texas?

It is a common misconception that people in a relationship automatically become “common law” spouses after living together for some set number of years. In reality, a couple must prove three elements to establish the existence of a common law marriage in Texas.

• Both parties agreed to enter into the common law marriage.
• The couple lives together within the state of Texas as husband and wife.
• The spouses represent themselves to others as a married couple.

How do I prove common law marriage in Texas?

Most couples have no reason to legally establish their common law marriage unless they are considering divorce. Doing so requires proving all three elements above. The burden of proof typically falls on the partner who wishes to file for divorce.

This is often more difficult than it seems. No matter how long you cohabitated or how many children you raised together, your marriage is not legal unless your former partner agrees that you were married.

Your official date of marriage usually coincides with the date when you and your spouse first met all three of the requirements.