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What Are The Requirements For Above Guideline Child Support?

Posted by Mary E. Ramos | Child Support, Divorce

Texas child support obligations are calculated using a percentage of your net resources, that percentage being based on how many children one has an obligation to support. Unless there are additional circumstances, as outlined below, a court cannot order a party to pay above Texas Guideline child support amounts as dictated by the Texas Family Code. There are special circumstances where a court will order a party to pay child support obligations above the guideline amount. Texas Family Code §154.123 states the court shall consider the following factors when deciding if guideline child support is applicable:

Should I Agree To Pay Above Guideline Child Support?

Posted by Mary E. Ramos | Child Support

This is NOT advisable for several reasons. First, the ordering containing a child support obligation could ostensibly be in effect for many years, depending on the age of the child when it is first submitted to the court. Second, costs of living increase, people have more children, jobs are lost, two incomes become one; there are a variety of events that could cause a party to regret agreeing to pay a higher amount of child support than guideline amount. Third, there are penalties associated with failure to pay child support obligations; a person does not want to set themselves up for criminal or punitive sanctions for failure to pay if they could have avoided it by paying the guideline amount.

What is an Acknowledgment of Paternity and Why is It Important?

Posted by Mary E. Ramos | Child Custody, Divorce

An Acknowledgment of Paternity (AOP for short) is a legal document, filed with the Bureau of Vital Statistics, which establishes a man as the legal father to a child. The AOP can be obtained at the hospital where the child is born, the father’s name can be added to the birth certificate and the hospital will send the AOP to be filed with the state. The AOP can be signed and sent off later, but it is most convenient to be completed at the hospital when the baby is born.

How much should I expect to spend on a divorce?

Posted by Mary E. Ramos | Divorce, Hiring a Divorce Lawyer

Unfortunately there is no cut and dry answer to this question. It depends on three main factors: 1. What is your attorney’s hourly rate? – An attorney with an hourly rate of $175 per hour will clearly result with lower attorney’s fees than an attorney who charges $475 per hour. Keep in mind that an attorney’s hourly rate is often reflective of their experience and skill level so it may be in your best interest to choose an experienced attorney at the cost of having higher attorney’s fees.

Can I Waive the 30-Day Waiting Period After Divorce in Texas to Get Married Again?

Posted by Mary E. Ramos | Divorce

The state of Texas has a mandatory thirty day waiting period after a divorce is granted before the parties may marry a new person. The reason for the mandatory waiting period is that the judge and court that issued your final decree of divorce retains plenary power for thirty days after the divorce is final. This is in case a party files an appeal or a motion for a new trial, which they have thirty days to do after a divorce is finalized. Once the thirty days has expired and the divorce has not been contested, then it is safe for the parties involved to remarry. An exception to this rule is if you desire to remarry the person you just divorced, you are not required to wait thirty days.

How Does Summer Visitation And Access Work in Texas?

Posted by Mary E. Ramos | Child Custody, Divorce

If you and your ex reside within 100 miles of one another, the non-custodial parent can possess the children for a period of thirty days during the summer. The default dates for this period of possession are July 1 – July 31 but if the parent desires a different schedule, they must give the other parent written notice by April 1 prior to summer how and when they desire to schedule their allotted thirty days. If you and your ex reside more than 100 miles away from each other, the non-custodial parent may have visitation with the children for a period of forty-two days during the summer.

What is a Qualified Domestic Relations Order (QDRO)?

Posted by Mary E. Ramos | Divorce

When a couple divorces, one of the assets often divided and awarded by the court is a portion of the parties’ retirement plans. A Qualified Domestic Relations Order, commonly called a QDRO, is an order signed by the court that deals with pension funds. The QDRO establishes your soon to be ex’s legal entitlement to receive a designated amount of a qualified plan account or benefits. The party who is awarded a portion of retirement benefits will subsequently be responsible for paying related income taxes and fees associated with withdrawing the benefits.

What Is A Prenuptial Agreement?

Posted by Mary E. Ramos | Divorce

A prenuptial agreement is a contract made between two parties who intend to be wed. This agreement outlines many provisions, usually related to finances and property, which the parties want to agree to prior to being married. Such agreements may include: The rights to property owned prior to being married; The right to spousal maintenance or the elimination of spousal maintenance should the marriage end; The characterization of property acquired during the marriage.

What Are Temporary Mutual Injunctions?

Posted by Mary E. Ramos | Divorce

Temporary mutual injunctions are a tool used in the divorce process that prevent either party from conducting themselves in a manner that would harass the other party, destroy or tamper with marital assets or disrupt the lives of the children. Mutual injunctions apply to conduct, property, assets and children. The parties and their attorneys may agree to mutual injunctions at the onset of a divorce or the judge may order them at a temporary orders hearing. Once the judge has signed temporary mutual injunctions it is very important that the parties comply.

What Impact Does Adultery Have On Child Custody In A Divorce?

Posted by Mary E. Ramos | Child Custody, Divorce

There is no clear cut answer to this question. A judge must look at the best interests of a child when making a child custody determination. The existence of adultery may affect a judge’s decision regarding child custody but absent a strong case the adultery has had a negative impact on the child, it will likely have little impact. It is up to the individual judge to examine the facts and circumstances of an alleged affair to decide if it will have any impact on child custody. Judges are more willing to consider the existence of adultery when one of the parents has engaged in the affair in front of the children. A divorce can be a difficult and confusing time for children.

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