Navigating custody, child support, visitation orders, and other family law issues in Texas can feel overwhelming when you are already stressed about your family’s future. This Family Law Resource Center brings together practical tools, schedules, and answers to common questions so you can better understand your options before and during your case.
Texas calculates guideline child support using a percentage of the paying parent’s monthly net resources, adjusted for the number of children and certain deductions.
Use this calculator to estimate a guideline amount under the Texas Office of the Attorney General’s method, then discuss your specific facts with a lawyer because judges can deviate from the guideline in some cases.
Have questions about your result?
Disclaimer: This calculator provides an educational estimate based on 2025 Texas OAG tax charts and IRS 2025 brackets and does not replace legal advice or a formal child support order. For an official estimate from the State of Texas, you can also use the Texas Office of the Attorney General (OAG).
Many Texas orders follow a “standard possession order” that sets out when each parent has time with the child, including weekends, holidays, and summer. If a standard schedule is in place, parents can often agree on customized parenting time arrangements that better fit their child’s needs, even though the Child Support Division cannot change court-ordered possession terms on its own.
Choose the schedule that matches how far apart the parents live and download the current calendar to keep track of weekends, holidays, and summer periods.
With a high level of understanding, precision, and skill, our law team has more than 15 years of combined legal experience and is ready to take on challenging cases with the goal of ensuring our clients get the outcomes they deserve.
Every family law case is different, but many clients ask similar questions about divorce, custody, support, and enforcement. Use the filters below to explore each practice area we handle and open the FAQs to learn how Texas law may apply to situations like yours.
Smith & Bledsoe Family Law attorneys represent Austin residents during divorces involving high-asset property division and allocation. Divorcing can quickly become complicated, especially when substantial property and assets are to be divided. Properly valuing all assets and correctly identifying them as separate or community property takes skill and diligence.
While there is no exact legal dollar amount in Texas, a high-asset divorce is generally one where the combined marital property and assets (including investments, real estate, and retirement accounts) total over $1 million. These cases can also be complicated by shared business ownership.
Often, to classify property as separate or community, one starts by examining the inception of its title or ownership documents. If you wish to show a particular asset is separate property, then you may have to prove that you acquired the title before your marriage and that the asset in question wasn’t comingled with marital funds or assets.
The default presumption in Texas is that all property is community property. To exclude an item or funds from joint property, you and your divorce attorney must show strong proof of its origin.
Property one spouse acquires during the marriage through gift, descent, or devise is often considered separate property. Furthermore, if one spouse receives a settlement or compensatory damages for injuries suffered in a personal injury case, the money is considered separate property (except the amount awarded for lost wages).
Community property covers a wide range of assets in a high net-worth divorce, including:
Sometimes one asset may start as separate property but may become community property over the course of the marriage. However, there may be circumstances surrounding the break-up of the marriage or other issues that can affect the division of property.
A well-drafted pre- or post-marital agreement can protect assets one or both spouses owned before the marriage and minimize conflict over those assets’ ownership in the event of divorce.
In the absence of this agreement, you may overcome the presumption that a particular asset is a community asset through tracing. An expert examines the ownership documentation to classify it as separate or community property.
Characterizing trusts can quickly become complicated. A separate trust created before marriage is a legitimate way of sheltering separate assets so they aren’t subject to division. Additionally, if the beneficiary doesn’t control trust assets, income from the trust is seen as separate property. Or, if the spouse’s parents or other relative established the trust as a form of inheritance for that individual, then the principal would be separate property, but any income from the trust becomes community property.
If the trust beneficiary does have access to the assets in the trust, called present possessory right of the property, then any income from the trust would be considered community property.
Creating a trust to siphon shared income or assets during a marriage could be considered defrauding or depleting the community estate. If your spouse does have a trust, you may benefit from consulting with a lawyer experienced in accurately characterizing property and one with the resources to investigate the extent of your spouse’s assets.
If you have a high net worth and are contemplating divorce or are financially dependent on a high-earning spouse, an experienced high-asset divorce lawyer in Austin can guide you through the process and fight for your interests.
The Austin family law attorneys at Smith & Bledsoe Family Law have the experience and resources to examine the extent of your marital estate and the tenacity to negotiate a favorable outcome for your divorce. If you are concerned about any issues regarding property division in a divorce or wish to pursue spousal support, contact our firm for a free case evaluation with a skilled Texas divorce lawyer. Our award-winning team has over 15 years of combined legal experience and can help you obtain the results that you deserve.
An uncontested divorce means both spouses agree to the legal issues involved in dissolving the marriage. Although it simplifies the process of dissolving a marriage, hiring a family law attorney can be beneficial.
An uncontested divorce is a process where a couple amicably resolves all the major issues related to their divorce. This means both parties have already agreed on terms for:
This is the opposite of a contested divorce, where the parties disagree and require a judge to make the final decisions on these issues.
To file for an uncontested divorce in Texas, you must meet three key requirements:
State Residency: You or your spouse must have lived in Texas for at least six months and in the county where you plan to file for at least 90 days.
Agreement on Grounds: You must both agree on the legal reason for the divorce. Most uncontested divorces use the no-fault ground of “insupportability,” which means the marriage has ended due to personality conflicts.
Agreement on All Issues: You must be in complete agreement on all matters listed in the first question (property, children, support, etc.).
The legal process begins when one spouse files an Original Petition for Divorce with the district court clerk. You must also file a Standing Order, which is a court order that prevents either party from selling assets or moving children out of state while the divorce is pending. Your spouse must then be served with the papers, or, in an amicable divorce, they can sign a Waiver of Service Only form.
Hiring an attorney is highly beneficial, even in an amicable divorce. Issues can still arise that complicate the matter, such as a disagreement over the marital home or a bank account. An experienced lawyer can help protect your rights, ensure you don’t compromise your future, and handle any unexpected obstacles that could otherwise delay the process or lead to a legal dispute.
You must agree on the “grounds,” or legal reason, for the divorce.
No-Fault: This is used in most uncontested divorces. You can cite “insupportability” (meaning personality conflicts prevent reconciliation) or “separation” (if you have lived apart for at least three years).
Fault-Based: This is when you blame the other spouse for the end of the marriage due to misconduct, such as adultery, cruelty, abandonment, or a felony conviction.
Mediation is a form of dispute resolution where a neutral third party maneuvers the two spouses into discussions to resolve their differences. A mediator allows both parties to settle any sticking points without lengthy court proceedings.
Mediation is a dispute resolution process where a neutral third-party mediator helps you and your spouse have guided discussions to resolve your differences. The mediator does not make decisions or represent either side. Instead, they help you negotiate a fair agreement on all matters, such as assets and child custody. The process typically involves:
While both processes use a neutral legal professional, their roles are very different.
A mediator does not make any legal decisions. They simply work with the spouses to help them come to their own agreement.
An arbitrator acts like a private judge. They hear arguments from both sides and then make a binding decision that resolves the dispute.
Mediation is not for everyone, as it requires both parties to be honest and willing to compromise. You should not choose mediation in a few specific situations, including:
Yes, it is always helpful to have your own attorney. The mediator is a neutral party and is not allowed to give either spouse legal advice. An experienced mediation lawyer can attend the session with you, help you understand the law, and guide you to ensure your personal interests are protected in the final agreement.
If you successfully resolve your issues, the mediator will write up a “mediated settlement agreement.” Once signed, this becomes a binding contract. This agreement is then filed with the court to become the basis for your final divorce decree. A judge will approve the agreement and is legally required to sign it into a final order unless they find it resulted from fraud or coercion, or that it is not in the best interests of the children due to a finding of family violence or a history of child abuse.
Going through a divorce is emotional and stressful. You might struggle to negotiate the terms with your ex. That’s where we can step in to protect your interests and fight for what you deserve.
To file for divorce in Texas, you or your spouse must meet two requirements:
Texas is a community property state. This means all property acquired by either spouse during the marriage is generally owned equally. However, a judge will divide this property in a “right and just manner,” which may not always be a simple 50/50 split.
Separate property is not divided and remains with the original owner. Separate property includes:
No, you do not. Texas allows for a no-fault divorce where you can simply cite “insupportability,” meaning the marriage can no longer be supported due to a conflict of personalities. This is often a faster and simpler process.
However, you can also file for a fault-based divorce by claiming your spouse’s actions caused the divorce. Acceptable grounds for a fault-based divorce include adultery, cruelty, abandonment (for at least one year), or a felony conviction.
Child support is typically paid by the noncustodial parent (the parent the child does not primarily live with). The amount is calculated as a percentage of the paying parent’s net monthly income, based on the number of children:
The court first determines the parent’s gross income, then subtracts items like taxes and health insurance premiums for the child to find the “net resources” used for this calculation. It is important to note that these percentages only apply up to a statutory cap on the payer’s net resources ($11,700 per month as of 2025). If the paying parent earns more than the cap, a judge has the discretion to award additional support based on the proven needs of the child.
It is possible, but not guaranteed. A judge will evaluate many factors to determine if spousal maintenance is appropriate, including:
Texas law limits spousal maintenance payments to either $5,000 per month or 20% of the supporting spouse’s average monthly gross income, whichever is less.
There are a few different types of family law cases you might wish to appeal. You might appeal provisions of a divorce decree that divide marital property. Or, you might appeal provisions determining parents’ support obligations and conservatorship and possession rights. If you need to appeal a child custody order, you will have to show a significant change in circumstances.
An appeal is a request for a higher court (an appellate court) to review a lower court’s final decision in your case. You might appeal specific parts of a divorce decree, such as the division of marital property, or provisions related to child support, child custody (conservatorship), and possession rights.
You have a very limited time to act. According to the Texas Rules of Appellate Procedure, you must file a notice of appeal within 30 days of a final judgment or order being signed by the judge.
No. Appealing your divorce decree or family law order does not automatically suspend the order. The original ruling is still in effect. However, a family law appeals lawyer can help you ask the appellate court to issue a temporary order to suspend the decree while the appeal is pending.
The appellate court does not retry the case or hear new evidence. Instead, it reviews the existing record (pleadings, court transcripts, and documents) from your original trial. The court examines this record to determine if the lower court judge made a legal mistake, abused their discretion, or if the evidence presented was insufficient to support the ruling.
Filing an appeal involves a completely different set of rules from your original trial. Appellate rules have different deadlines and procedures for filing. An experienced family law appeals lawyer knows how to review your case for valid grounds for appeal (like a judge failing to follow the law) and can draft the required appellate “brief” to present your argument to the higher court.
Divorce arbitration is a meeting of the spouses and their attorneys that is overseen by an arbitrator. Arbitration proceeds much like a court hearing, with opening statements, evidence presented by either side, and closing arguments. The arbitrator reviews the documents and supporting evidence and makes a determination about the final disposition of all disputed issues.
Arbitration is a form of alternative dispute resolution that happens outside of court. It proceeds much like a court hearing, where you and your spouse (along with your attorneys) present opening statements, evidence, and closing arguments to a neutral third-party “arbitrator.” The arbitrator then reviews the evidence and makes a determination to resolve your disputed issues, such as property division or child custody.
The key difference is the role of the neutral third party.
In mediation, the mediator is a facilitator who guides negotiations (often with parties in separate rooms) but has no power to make decisions.
In arbitration, the arbitrator acts like a private judge. The process is more formal (like a court hearing), and the arbitrator does have the authority to make a final decision, if you agree to it.
It is only legally binding if both spouses agree in writing that it will be before the process begins.
If you agree to non-binding arbitration, you can still take your case to a judge if you are unsatisfied with the outcome.
If you agree to binding arbitration, you give up your right to a standard court appeal, even if you are unhappy with the decision.
Arbitration offers several major advantages, including:
Privacy: Court hearings are public and create a public record. Arbitration is confidential, so your assets, allegations, and personal arguments remain private.
Efficiency: It is often much faster to schedule arbitration than to wait for a hearing on a crowded court docket, which can also make it more cost-effective.
Choice: You and your spouse can select your own arbitrator, allowing you to choose an expert with experience in a specific area, such as dividing a complex business.
No, not entirely. While an arbitrator can make a ruling on child custody and possession, a Texas family law judge must review that specific part of the decision. A judge has the ultimate authority to overturn the arbitrator’s decision if they determine that the arrangement is not in the “best interest of the child.”
A temporary restraining order or protective order can keep you safe when you or your child is the victim of family violence. It initiates the legal process of prohibiting a specific person from contacting you for a predetermined period.
A restraining order is typically used during a pending court case, like a divorce, to prohibit a person from specific activities, such as harassing you or selling shared assets.
A protective order is specifically designed to protect victims from family violence, abuse, sexual assault, or threats of violence. You can get a protective order even if no other court case is pending.
You can file an application for a Temporary Ex-Parte Order. A judge can grant this order immediately, without the abuser being present, if they find there is a clear risk of family violence. This order can grant you immediate protection by:
The duration depends on the type of order:
Violating a protective order is a criminal offense in Texas.
A first-time violation is typically a Class A Misdemeanor, punishable by up to one year in jail and a $4,000 fine.
The charge can be escalated to a third-degree felony (2-10 years in prison) if they have violated an order two or more times, or if the violation involved stalking.
An order that has not been served is not enforceable. The person named in the order must be officially notified (served) by a process server or law enforcement for the order to be legally effective. If the order is not served, the individual may not even know it exists, and the legal restrictions and penalties for violation do not apply.
Changing your name can be a joyous yet stressful time. Not only are you changing your name, but you’ll be handling the complexity of the legal process, including changing your name on all your identification and legal documents. At Smith & Bledsoe Family Law, we understand how overwhelming it is to change your name regardless of the reason, and we aim to make the process as simple as possible.
You must first file a “Petition for Name Change” in the court of the county where you live. This petition must include supporting information, such as your criminal record report from the Texas Department of Public Safety. In some cases, you may have to attend a hearing where a judge will ask questions to ensure your request is valid and not for any fraudulent reasons. If approved, the judge will issue a court order.
These common scenarios are often simpler than a general petition:
For Marriage: You do not need a separate court order. You can use your certified Marriage Certificate to change your name with the Social Security Administration, DMV, employer, and financial institutions.
For Divorce: You can request to change your name back to a previously used name (like your maiden name) as part of your divorce proceedings. The judge can grant this in your final Divorce Decree, which you then use as your legal proof.
A parent, conservator, or guardian must file the petition on the child’s behalf. The petition must include the child’s name, residence, the reason for the change, and the new requested name. A key requirement is that if the child is 10 years of age or older, you must include their written consent (an affidavit) to the name change.
The filing fee for a name change petition in Austin is $350.00. However, there will be additional costs, such as $10.00 for each name change certificate you need (which proves your name change), as well as separate fees to get a new driver’s license and passport.
The court order is the legal document that authorizes your name change. You must use it to:
Notify relevant authorities: This includes the Social Security Administration and the Texas Department of Public Safety.
Update your documentation: Get a new driver’s license, Social Security card, and passport.
Update your records: Notify your bank, employer, insurance companies, medical offices, credit card companies, and any other organization that relies on your name for identification.
A premarital agreement (prenup) is a contract two people sign before marriage. It outlines how to handle a number of items in a divorce, such as dividing assets, debt protection, marital duties, and more. Smith & Bledsoe Family Law can guide you in drafting a legally enforceable agreement suited to your needs.
A prenup is a legal contract two people sign before they get married. It outlines each person’s financial responsibilities and expectations during the marriage and determines how assets (like real estate, bank accounts, and retirement funds) and debts will be divided in the event of a divorce or a spouse’s death. It becomes legally effective on the date you get married.
To be legally enforceable, a prenup must meet several requirements based on the Uniform Premarital Agreement Act (UPAA):
No. You cannot use a premarital agreement to limit or pre-determine child support. Child support is decided by the courts based on the child’s best interests at the time of the divorce. A judge will not be bound by any terms in your prenup regarding child support.
A prenup gives you control over financial matters, rather than leaving them up to a judge. It can be used to:
Yes. If you and your spouse both want to modify your premarital agreement after you are married, you must create a new written agreement. This new contract, which amends or revokes the original prenup, is called a postmarital agreement.
A post-marital agreement is similar to a prenup but is a document you execute after marrying your spouse. It offers numerous protections if you divorce or your spouse dies unexpectedly.
A postnup is a legal contract two spouses sign after they are already married. Its purpose is to outline each person’s rights to separate and marital property and determine how assets and debts should be divided in the event of a divorce or one spouse’s death. It can be created at any time during a marriage, even when the relationship is strong.
A postnup is focused on financial matters. It can be used to define:
You cannot include terms related to child custody or child support in a postnup. These issues are always determined by a court based on the child’s best interests at the time of separation. You also cannot include any terms that are illegal or “unconscionable” (grossly unfair), such as a term that attempts to prohibit a stay-at-home parent from receiving any spousal support.
To be a valid and legally enforceable contract, a postnup must meet several requirements:
Couples create postnups for many reasons, often after a significant life change. Common triggers include:
Estate planning is essential to protect your interests and outline the proper distribution of your property when you die. We can review your estate and determine the elements to incorporate, such as end-of-life planning, guardian appointments for minor children, beneficiary designations, and trust creation.
Estate planning is the process of creating a comprehensive plan to manage and distribute your assets after your death or incapacitation. It involves legal documents like wills, trusts, and powers of attorney to ensure your wishes are carried out, your assets are protected, and your property is transferred to your loved ones efficiently.
A Last Will and Testament is a legal document that primarily states who should receive your property after your death. It also names an “executor” to manage your estate and can be used to appoint a guardian for your minor children. A will must be validated by the court through a process called probate.
A Trust is a fiduciary arrangement where a “successor trustee” manages and distributes assets on your behalf. A key benefit of a trust is that it often allows your assets to be transferred to your loved ones without going through the public, time-consuming probate process.
A Power of Attorney (POA) is a legal document that authorizes a person you choose (your “agent”) to make decisions on your behalf. The two main types in Texas are:
Financial Power of Attorney: This allows your agent to manage your financial and business affairs.
Medical Power of Attorney: This allows your agent to make healthcare decisions for you only if you become incapacitated and cannot speak for yourself.
A Durable POA is a common and beneficial type that remains in effect even if you become incapacitated.
Advanced Directives, also known as a Living Will or a Directive to Physicians, are documents that outline your specific wishes for medical care if you are incapacitated and unable to communicate. This document tells your family and doctors what kind of life-sustaining measures you do or do not want (e.g., being kept on life support).
To be legally enforceable, a will in Texas must meet several requirements from the Texas Estates Code, including:
A well-prepared will or trust protects your assets and ensures your loved ones’ financial futures. Let us draft these documents to prevent confusion or disagreements over the validity of your will.
If you pass away without a will, your assets are distributed according to Texas’s “intestate succession” laws. This means you have no control over who gets your property. The law dictates that your assets will pass to your surviving family members in a specific order (e.g., spouse, children, parents, siblings), which may not be what you would have wanted.
To be legally enforceable in Texas, a will must meet several conditions:
The biggest difference is probate. A will must go through probate, which is the court’s legal process for validating the will and authorizing the distribution of assets. This can be a public and time-consuming process. A living trust, on the other hand, bypasses probate, allowing your chosen successor trustee to distribute your assets to your beneficiaries without a lengthy court process.
A living trust has two major advantages:
Avoids Probate: As mentioned, your successor trustee can manage and distribute your assets immediately upon your death, saving your loved ones time and money.
Incapacity Protection: You can include a provision that allows your successor trustee to manage the trust’s assets on your behalf if you become incapacitated and unable to make decisions for yourself.
A will allows you to make several critical decisions about what happens after your death. Its main functions are to:
A power of attorney is a legal document that grants authority to an individual (referred to as the “agent” or “attorney-in-fact”) to make decisions on behalf of another person (known as the “principal”) in various matters. Depending on their needs and preferences, the principal can delegate specific powers or grant broad authority to the agent. The power of attorney document outlines the scope and limitations of the agent’s powers. It can grant temporary or durable authority, lasting even if the principal becomes incapacitated.
A Power of Attorney (POA) is a legal document that lets you (the “principal”) grant authority to a trusted person (the “agent”) to make decisions on your behalf. The document outlines the specific powers you are granting, which can be broad or limited, and can be temporary or “durable”—lasting even if you become incapacitated.
A will and a POA serve two completely different purposes. A will only goes into effect after you die to distribute your assets. A Power of Attorney is used while you are alive to manage your affairs if you become incapacitated or are otherwise unavailable. It allows your chosen agent to make critical financial or medical decisions for you when you cannot.
The most common types include:
General Power of Attorney: Grants broad authority to your agent to handle various financial and legal matters (e.g., managing bank accounts, signing contracts, paying bills).
Limited (Special) Power of Attorney: Grants your agent specific powers for a limited purpose (e.g., signing documents to sell a house on your behalf).
Healthcare Power of Attorney: Allows your agent to make medical decisions for you, including end-of-life care, if you are unable to.
Springing Power of Attorney: This POA only “springs” into effect when a specific event occurs, such as a doctor certifying that you are incapacitated.
A durable power of attorney is a crucial part of estate planning because it remains in effect even if you become incapacitated or unable to make your own decisions. This is its primary purpose: it allows your trusted agent to continue managing your financial and legal affairs seamlessly, ensuring your bills are paid and your assets are protected when you need it most.
To be valid in Texas, a POA must meet specific requirements:
An advance directive is a legal document that outlines your healthcare decisions and preferences should you become unable to communicate or make decisions for yourself due to illness or incapacity. This document can direct care and guarantee understanding and respect for wishes when communication is hindered.
An advance directive is a legal document that outlines your healthcare decisions and preferences for a time when you become unable to communicate or make decisions for yourself due to illness or incapacity. Its purpose is to ensure your wishes regarding medical care are understood and respected.
These two documents serve different, but related, purposes:
A Directive to Physicians (Living Will) is a document that states your specific wishes about medical care you do or do not want if you are terminally ill or in a persistent vegetative state. This includes treatments like ventilators or feeding tubes.
A Medical Power of Attorney is a document that appoints a trusted person (an “agent”) to make medical decisions on your behalf if your doctor certifies you are unable to make them yourself.
Any adult can benefit from an advance directive, not just the elderly or seriously ill. Accidents, sudden illnesses, or unexpected events can happen at any age. These documents eliminate guesswork for your loved ones and medical team by clearly stating your wishes in a tense situation.
This is a specific physician’s order that instructs emergency medical personnel (like paramedics) to forgo resuscitation attempts (such as CPR, defibrillation, or artificial ventilation) if you suffer cardiac or respiratory arrest. It is designed to be effective outside of a hospital, such as at home, in a hospice, or in a long-term care facility.
This is a specific type of advance directive that allows you to make decisions in advance about your psychiatric care. It only takes effect if you are in a crisis and unable to make your own decisions. It allows you to state your preferences regarding psychoactive medications, convulsive therapies, and other emergency mental health treatments.
Child custody is a legal process that determines which parent, guardian, or third party will have the right to make decisions regarding a child’s welfare. Understanding child custody is important because it directly affects a child’s well-being and the family’s future. The decisions made during this process can have long-term consequences on how a child is raised and how parents share responsibilities. Handling this legal process can be complex, but with the right guidance, you can ensure that the best interests of your child are prioritized.
In Texas, child custody is legally called ‘conservatorship.’ The court defines the rights and duties of each parent.
Managing Conservator: This parent (or parents) has the right to make crucial decisions about the child’s life (education, healthcare, etc.). In most cases, one parent is named the primary managing conservator and is given the exclusive right to determine the child’s residence.
Possessory Conservator: This parent has the right to ‘possession’ of the child (visitation) at specified times, but does not have the right to determine where the child lives.
The court’s primary and most important consideration is the “best interests of the child.” To determine this, a judge will evaluate several factors, including:
Joint Managing Conservatorship: This is the default in Texas. The court is required to appoint both parents as joint managing conservators, meaning they are encouraged to share in the critical decisions about the child’s life.
Sole Managing Conservator: A court will only appoint one parent as the sole managing conservator in extreme circumstances, such as cases involving proven child abuse, domestic violence, or untreated drug or alcohol abuse.
Not directly. A child can voice their preference to the court, and the judge will consider their wishes as one of many factors. However, the child’s desire is not legally binding, and the judge will ultimately make a decision based on the child’s overall best interests. Children typically do not get the final say in this matter until they turn 18.
Yes. You can file a “Petition to Modify the Parent-Child Relationship” to request changes. A court will only grant the modification if it is in the child’s best interest and one of the following is true:
Typically, the parent who doesn’t live with the child primarily is the one to pay child support. However, that doesn’t necessarily mean the other parent isn’t responsible for the costs of raising a child. A specific guideline determines the amount the supporting parent must pay to provide for their child.
Texas courts use a specific guideline based on the paying parent’s “net monthly resources.” The process is:
In Texas, the noncustodial parent (the parent with whom the child does not primarily live) is typically the one ordered to pay child support. The law assumes that the custodial parent (who the child lives with) spends their money directly on the daily expenses of raising the child.
A judge can still order child support. If a parent is unemployed, a judge can look at other income sources, such as severance pay, unemployment benefits, disability benefits, or retirement.
If a parent voluntarily quits their job or is purposely earning less to avoid paying support, a judge can calculate child support based on what that parent should be capable of earning.
Yes. A judge can “deviate” from the guideline and order a higher or lower amount if they find the standard calculation would be “unjust or inappropriate” and a different amount is in the child’s best interests. Factors a judge will consider include:
Yes. A court will only grant the modification if it is in the child’s best interest and one of the following is true:
You can modify court orders related to family law matters under specific circumstances. One of our family law attorneys can determine if you meet the requirements of order modification and provide the necessary guidance.
A judge will only change a custody (conservatorship) order if the modification is in the child’s best interests AND at least one of the following is true:
You can request to modify a child support order only if one of these two conditions is met:
Substantial and Material Change: There has been a “substantial and material change in circumstances” since the last order was issued (e.g., significant income changes, job loss, disability, or a major change in the child’s medical or educational needs).
The 3-Year Rule: It has been three years or more since the order was issued, AND the new calculated support amount would differ from the current amount by at least 20% or $100.
Not based on that alone. While remarrying or cohabitating is considered a “substantial and material change in circumstances,” it is not enough on its own to justify modifying the support order. You must also provide proof that this new marriage or living arrangement has actually altered that parent’s income or expenses for supporting the child.
To change a spousal maintenance order, you must prove that there has been a “substantial and material change in circumstances” for either parent that occurred after the original order was issued. The court will then re-evaluate the original factors used to determine eligibility for maintenance, such as each person’s age, health, and ability to provide for their own minimum reasonable needs.
Yes, this is one of the specific grounds for a modification. If a child is 12 years of age or older and expresses to the court their preference for which parent they should primarily live with, a judge can approve the change. The judge must still find that the requested modification is in the child’s best interests.
Sometimes, one party to a family law order doesn’t fulfill their obligations. When that happens, you might have to take the case to court for a judge to enforce the order. We can help you file a motion and represent you during legal proceedings.
If your ex-spouse is not complying with a court order for property division, spousal maintenance, child support, or visitation, you can file a “motion for enforcement” with the court. This is a legal proceeding to make them obey the order. For different violations, there are different tools, such as income withholding for support or a motion for delivery of property.
You can file an enforcement action. The court has a wide range of penalties to enforce child support, including:
You can file a motion for enforcement, but you must be able to show a pattern of behavior that proves your ex is denying your visitation rights. A single missed visit is often not enough. In your motion, you must also clearly state the “relief” you are seeking, such as make-up parenting time, reimbursement for your expenses, fines, or even jail time for your ex.
Yes, there is a deadline. You must wait 30 days after the divorce decree is signed, but you must file your motion for enforcement within two years of that date (this is the statute of limitations). If your ex-spouse still refuses to comply after the court orders it, you can file a “motion for delivery of property” or pursue a “contempt of court” action, which could lead to fines or jail.
You must take the matter seriously, as it can lead to significant legal consequences. The text recommends you:
Expanding your family is exciting. However, you must follow specific procedures to avoid unnecessary delays and roadblocks. A family law attorney can help you complete and file the paperwork, prepare for the home study, and navigate all other stages of the process.
Any adult can petition to adopt, but the petitioner must typically live with the child for at least six months before filing the adoption paperwork. However, a court has the discretion to waive this six-month requirement if it finds that doing so is in the child’s best interest.
Termination of parental rights legally and permanently ends the relationship between a biological parent and their child. For most adoptions to proceed, the parental rights of both biological parents must be terminated. This can be a voluntary process (where a parent signs an affidavit) or an involuntary one, where a court terminates their rights based on clear evidence of abandonment, neglect, or endangerment.
A stepparent can adopt their spouse’s child without terminating both biological parents’ rights. In this case, the stepparent must be married to one of the biological parents and will only seek the termination of the other biological parent’s rights. If the adoption is granted, the stepparent gains full legal conservatorship and possession of the child.
A judge’s primary consideration in all adoption cases is the “best interests of the child.” To make this determination, the court will review multiple reports and studies, which may include:
Yes, in some cases. If the child is 12 years of age or older, their consent is generally required for the adoption to proceed. However, a judge can waive this requirement if they find it is in the child’s best interest to do so.
Members of the LGBT community have always had challenges receiving recognition in family law matters. Let a family law attorney help protect your rights.
This is a significant challenge in same-sex divorce cases. To qualify for spousal maintenance based on the length of the marriage, Texas law typically requires you to have been married for at least 10 years. The law is not settled on this issue: some judges may consider the entire length of your relationship, while others will only count the number of years you were legally married.
Yes, you might. Even if you are not a legal parent, you may still have the right to petition the court for custody (conservatorship). You can file a “suit affecting the parent-child relationship” if you are a non-foster parent who has had “actual control, possession, and care of the child for six months or longer” (ending no more than 90 days before you file the petition).
Yes, most likely. Texas law now often applies the presumption of parenthood to the wife of a mother who gives birth using assisted reproduction. This means you can be legally considered the child’s parent, and if you are the noncustodial parent, you can be ordered to pay child support just like any other parent.
This can be a geographical challenge. If you traveled to a different state to get married before Texas legally recognized same-sex marriage in 2015, you may have to file for divorce in that state.
Where or when you got married has no bearing on your ability to get divorced in Texas. The U.S. Supreme Court’s Obergefell decision (and general principles of state comity) means Texas must recognize your valid, out-of-state marriage (regardless of when it happened) for the purpose of granting a divorce. The standard residency rules still apply: you or your spouse must have been a resident of Texas for at least six months and a resident of the county where you file for at least 90 days.