Custody, Alimony, And The Division Of Assets In Divorce

In this article, you will discover:

• How to be granted your ideal visitation arrangement.
• Recent change in Texas law has altered child support calculations.
• What assets will be divided in your divorce.

In Texas, How Are Visitation Arrangements Made In A Divorce Case?

If parents can work together on establishing a visitation agreement, they can get creative. Most courts are open to hearing reasonable agreements reached by the parents. If there is no agreement, courts typically award standard possession or extended standard possession to the non-custodial parent. If a parent has committed a crime, uses drugs, or abuses a child, that parent’s visitation can be stopped for a period of time, or supervised.

In Texas, What Can Be Done If One Or Both Parents Don’t Follow The Parenting Plan Put in Place?

If both parents agree on a visitation schedule, they are free to use the visitation schedule they agree on, even if it’s different than their court order. However, if there is no agreement, the court order should be followed. If a parent absolutely refuses to abide by either an agreement or the order, an enforcement can be filed with the court. During this process, at least one hearing would be held to determine if there is a good reason for the parent’s refusal to follow the ordered visitation plan. If there is no good reason for failing to follow the ordered plan, the court will require the parent to abide by the order. If this parent persists in disregarding the order, the court can impose sanctions on that parent.

During The Divorce Process When Will Child Support Be Awarded?

Child support can initially be awarded in temporary orders, and then it will be addressed in final orders as well. In certain situations, some provisions allow a protective order involving parents and children to set child support in the protective order itself.

How Is The Amount Of Child Support Determined In Texas? Does The Payor Have Any Say In How Child Support Is Spent?

In Texas, guideline child support for one child is calculated at 20% of your net resources, with the percentage adjusted accordingly for each additional child. Net resources are calculated as your gross income, minus certain items like taxes.

There have been changes to how child support is reviewed and calculated when a modification of child support is filed. New legislation indicates a whole host of circumstances and factors to be considered for the parent when calculating modified support, such as:

• Assets
• Where they live
• Job skills
• Age
• Health
• Criminal history
• Barriers to employment
• If they are out of work or underemployed, their record of seeking work
• Job opportunities in the community

All these factors can now be considered when a court is asked to modify child support, opening up a world of opportunity to put on evidence that will go into the modified child support calculation.

Does Texas Recognize Alimony Or Spousal Support Awards In A Divorce Case? How Is It Calculated?

Spousal maintenance can be awarded in a divorce case in Texas, but there is no hard and fast calculation to determine the amount. To qualify for spousal maintenance, the party requesting it must show that they will have not have enough property to meet their minimum reasonable needs, plus one of these factors:

• The spouse to pay maintenance has a conviction for or received deferred probation for family violence against the other spouse or that spouse’s child, within a certain time frame of the divorce being filed;
• The spouse to receive maintenance is unable to earn sufficient to provide for their minimum reasonable needs due to a physical or mental disability;
• The couple has been married for at least 10 years and the spouse to receive maintenance is unable to earn sufficient income to provide for their minimum reasonable needs;
• The spouse to receive maintenance is unable to work to meet their reasonable minimum needs because they are the custodial parent of a child from the marriage who requires substantial care because of a physical or mental disability.

There are a large number of factors that go into determining the amount and duration of spousal maintenance, including education, employment history, and age, among others.

How Long Does Spousal Support Generally Last In Texas?

The longevity of spousal support is based on either the reason for the award, or the duration of the marriage. There are provisions for maintenance for 5 years in certain circumstances, 7 years in other circumstances, or more depending on the reason spousal maintenance was ordered.

What Factors Impact The Division Of Property And Assets In A Texas Divorce Case?

In determining the division of assets, the big question in Texas is whether an asset is considered community property. If property is acquired during the marriage, it is presumed to be community property, with few exceptions. For example, if one spouse inherits property during a marriage, that inherited property is considered separate property. However, funds earned, retirement deposits, or a home purchased during the marriage would be considered community property.

Generally, the community estate should be divided equally between the spouses. If we are looking for an inequitable distribution of the community property, we must show the court a compelling reason. Sometimes, this can be caused by a spouse’s behavior during the marriage, or perhaps based on disparity in earning potentials between the spouses.

For more information on Visitation Arrangements in a Texas Divorce, an initial consultation is your next best step. Get the information and legal answers you seek by calling (903) 865-3803 today.