HOW IS COMMUNITY PROPERTY DIVIDED BETWEEN SPOUSES IN A TEXAS DIVORCE? While both spouses are entitled to community property, it isn’t the case that the spouses just get half of everything. Instead, Texas courts divide property in a “just and fair manner.”A couple can voluntarily agree to this division or a court can make a…

WHAT NONCUSTODIAL PARENTS NEED TO KNOW ABOUT CHILD SUPPORT As a noncustodial parent, here is a breakdown of what you need to know about child support: If you receive a court summons in the mail, it is important that you attend the scheduled court appearance. If you fail to show, the family court can make…

WHAT DOES TEXAS CONSIDER AN “UNFIT” PARENT Parents in Texas who are getting a divorce may want to become familiar with matters related to child custody. This includes understanding what an “unfit parent” may be, along with how Texas legally defines and determines who an unfit parent is. There is a broad definition of unfit…

In Texas, the parent who pays child support is referred to as the ‘obligor.’ Under state law the obligor’s child support payments will be based on several different factors, including: Net Income (Financial Resources): The most important factor in determining child support in Texas is the financial means of the obligor. The higher a non-custodial parent’s…

Child Custody Terms The State of Texas no longer officially refers to child custody as child custody but, instead, uses the term conservatorship, and there are two types of conservatorship, which include both the managing conservator and the possessory conservator. The managing conservator is the parent who has the right and responsibility to make important…

FAMILY LAW DOMESTIC VIOLENCE RESOURCES The orders to shelter-at-home have brought much uncertainty, and for some, it means being stuck at home with an abuser. If you are in an unsafe situation, please familiarize yourself with local shelters and review the resources below for more information. Please don’t hesitate to reach out with questions. Resources…

HOW TO RAISE OR LOWER CHILD SUPPORT IN TEXAS 1) Three-Year Rule There are 2 primary grounds that allow for the modification of child support in the family code. The first is what is commonly known as the “Three-Year Rule.” The Three-year rule says that you are allowed to file for a modification of your…

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…

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