WHEN IS MARITAL PROPERTY “COMMUNITY PROPERTY” VS. “SEPARATE PROPERTY” IN A TEXAS DIVORCE What is “community property”?Under our current law in Texas, community property is property that is owned equally between the spouses. Whether or not “community property” exists depends on the marital relationship of the parties, when the marital relationship was created and when…

CAN I TERMINATE MY PARENTAL RIGHTS TO MY CHILD IN TEXAS? Most termination cases in Texas are of the “involuntary” genre.   Essentially,  a parent’s rights to a child are terminated under section 161 of the Texas Family Code if: A child who is born to a mother who during the pregnancy used a controlled substance, as…

GENERAL DIVORCE QUESTIONS AND PROCESS 1. What if my spouse wants a divorce even though I don’t? Fault is no longer needed for a divorce. All your spouse needs to prove is that they no longer love you or can’t live with you. The courts do not want to force someone to be in a…

Brief Overview of Virtual Hearing Procedures during COVID-19 All parties involved are sent a link to join a secure Zoom conference which is where the hearing will take place. Each party has an opportunity to speak and it operates similar to an ordinary in-person hearing. Witnesses are placed into a virtual holding room where they…

HOW TO CALCULATE AND ENFORCE CHILD SUPPORT IN TEXAS Texas Child Support Model Texas uses a percentage of income model when ordering child support. The custodial parent’s income is not calculated into the final child support amount. Rather, the Judge will look at the non-custodial parent’s financial information when determining how much child support he…

HOW TO REQUEST A CHILD SUPPORT MODIFICATION DURING COVID-19 You Must Demonstrate a Change in Circumstances Texas only allows child support orders to be altered in certain circumstances. To be eligible for a child support modification, you must meet one of the following two criteria: Three (3) years have passed since the order was entered…

TEXAS DIVORCE: HOW TO DIVIDE THE PROPERTY AND DEBTS Texas is a community property state; this means that all income earned and property acquired by either spouse during the marriage is community property and belongs to both spouses equally. Therefore, it must be split equally between them when they divorce. Further, this also applies to…

CORONAVIRUS AND PAYING YOUR CHILD SUPPORT What relief, if any, am I going to get? What happens if I file for unemployment? Is my stimulus check subject to child support I owe? First, the law in Texas is that every child support payment ordered to be due by any Court Order are final when they…

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