Texas

Marriage & Family Law Home

Are maintenence orders required?

In the state of Texas, a maintenance order may be required following a dissolution of marriage. ....... Click here to get more info on Alimony

Can I Contest the Guidelines?

To determining if an application of the guidelines would be unjust/inappropriate under the circumstances, the court shall consider evidence of all relevant factors, including:

• the age and needs of the child



• the ability of the parents to contribute to the support of the child



• any financial resources available for the support of the child



• the amount of time of possession of and access to a child



• the amount of the obligee's net resources, including the earning potential of the obligee if the actual income of the obligee is significantly less than what the obligee could earn because the obligee is intentionally unemployed or underemployed and including an increase or decrease in the income of the obligee or income that may be attributed to the property and assets of the obligee



• child care expenses incurred by either party in order to maintain gainful employment



• whether either party has the managing conservatorship or actual physical custody of another child



• the amount of alimony or spousal maintenance actually and currently being paid or received by a party



• the expenses for a son or daughter for education beyond secondary school



• whether the obligor or obligee has an automobile, housing, or other benefits furnished by his or her employer, another person, or a business entity



• the amount of other deductions from the wage or salary income and from other compensation for personal services of the parties



• provision for health care insurance and payment of uninsured medical expenses



• special or extraordinary educational, health care, or other expenses of the parties or of the child



• the cost of travel in order to exercise possession of and access to a child



• positive or negative cash flow from any real and personal property and assets, including a business and investments



• debts or debt service assumed by either party



• any other reason consistent with the best interest of the child, taking into consideration the circumstances of the parents

What Happens if the Guidelines are Determined to be Unjust or Inappropriate?

If findings are required by this section, the court shall state whether the application of the guidelines would be unjust or inappropriate and shall state the following in the child support order:

• the monthly net resources of the obligor per month are $______



• the monthly net resources of the obligee per month are $______



• the percentage applied to the obligor's net resources for child support by the actual order rendered by the court is ______%



• the amount of child support if the percentage guidelines are applied to the first $6,000 of the obligor's net resources is $______



• if applicable, the specific reasons that the amount of child support per month ordered by the court varies from the amount stated in Subdivision (4) are: ______

What are the Obligations of Child Support?

if applicable, the obligor is obligated to support children in more than one household, and:

• the number of children before the court is ______



• the number of children not before the court residing in the same household with the obligor is ______



• the number of children not before the court for whom the obligor is obligated by a court order to pay support, without regard to whether the obligor is delinquent in child support payments, and who are not counted under Paragraph (A) or (B) is ______

How are Guidelines Determined for Children in More than One Household?

The application of the guidelines under Section 154.129 does not constitute a variance from the child support guidelines requiring specific findings by the court under this section.

In applying the child support guidelines for an obligor who has children in more ....... Click here to get more info on Child Support

What are the Abilities of the Guardian Ad Litem?

A guardian ad litem appointed for a child under this chapter is not a party to the suit but may:

• conduct an investigation to the extent that the guardian ad litem considers necessary to determine the best interests of the child
• obtain and review copies of the child's relevant medical, psychological, and school records as provided by Section 107.006.

What are the Duties of the Guardian Ad Litem?

A guardian ad litem appointed for the child under this chapter shall:
With ....... Click here to get more info on Custody

In Texas a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

What are the Grounds for Divorce?

Grounds for divorce include:

• adultery



• cruelty/violence toward the other spouse



• abandonment/desertion for more than 1 year


< ....... Click here to get more info on Divorce

How May I Request Visitation Rights?

Texas law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply.

Who Decides if Visitation is in the Child's Best Interests?

The court will decide a request for visitation based on whether granting a parent visitation would be in the "best interests of the child."

What is considered in a child's "best interests" are outlined under the custody and visitation statute which indicate a an award of visitation must be:

1. beneficial to the emotional ties between the child and other family members
2. the interest of the parties in and attitude toward the child
3. the desirability of continuing an existing relationship
4. any prior domestic violence or ....... Click here to get more info on Visitation

How does Property Division Work?

In Texas, marital property, or property acquired during the marriage, is distributed equally (50-50) to each party. ....... Click here to get more info on Property Division