Legal Counsel For Important Divorce-Related Family Law Matters
A divorce typically involves other family law issues such as child custody, child support, and alimony. These matters are inextricably linked to a divorce, and your divorce attorney should have a deep working knowledge of them. Our team handles the following family law matters in addition to our divorce services.
Conservatorship (Child Custody)
The legal term for child custody in Texas is “conservatorship.” There are two types of conservatorships: joint managing conservatorships (JMCs) and sole managing conservatorships (SMCs). The state presumes that both parents will be named as joint managing conservators, meaning both parents will share legal rights and responsibilities for the child. When appropriate, the state will grant SMC; courts typically grant sole managing conversatorships in situations involving child abuse, violence, neglect, or substance abuse.
One thing to keep in mind about JMCs is that they do not automatically insinuate that both parents will split their time equally with the child. These custody and visitation rights are outlined in a separate visitation order known as a standard possession order (SPO). In Texas, visitation is known as the “possession of and access to a child.” Once a judge determines that a parent is fit to have access to their child, they will create an SPO according to specific guidelines. Parents can also create this agreement themselves and have the court sign off on it.
Child Support
Child support orders are court orders that mandate monthly payments for the care of a child. These orders are created according to detailed guidelines and formulas. In Texas, child support payments are determined according to the non-custodial parent’s monthly net income. Below are estimates of how much of the non-custodial parent’s monthly income will be set aside per number of children:
- One child – 20 percent
- Two children – 25 percent
- Three children – 30 percent
- Four children – 35 percent
- Five children – 40 percent
- Six or more children – >40 percent
These numbers can give you an idea as to how much you’ll have to pay every month for child support depending on how many children you have. If the non-custodial parent already has children they are legally required to support, then these percentages may be reduced. Also, an agreement can be reached between the parties that are not aligned with the above child support amounts. An experienced family law attorney will be able to review your circumstances to negotiate a fair child support order or ensure your order is aligned with the statute.
Modifications
If there’s one certainty in life, it’s that change is inevitable. Thankfully, divorce courts understand this as well, which is why you can modify court orders if you or your ex-spouse experience a significant change in your circumstances.
Perhaps a child custody order needs to be modified, as both parents are no longer able to follow the visitation schedule due to a change in their obligations. Another example is when an ex-spouse unexpectedly loses their job and can no longer afford their monthly child support payments. In these scenarios, it is perfectly reasonable for either ex-spouse to request a modification to their court order.
Enforcing Family Law Court Orders (Enforcements)
Unfortunately, not every parent is willing to honor the obligations of family law court orders. When this happens, you can take legal action to enforce the non-custodial parent to adhere to these agreements. There are a few circumstances in which you can request the court to enforce a family law court order:
- If you are the child support recipient and the non-custodial parent refuses to pay
- If visitation schedules are not being followed
- If the paying spouse (obligor) fails to keep up on alimony payments or to maintain life and/or health insurance payments
- If one of the ex-spouses refuses to comply with the financial obligations or to give up the property awarded to you in the divorce settlement
Division of Assets
Many spouses going through divorce are worried about losing a large percentage of their assets in the settlement. It is important to know that Texas is one of nine true “community property” states. This means that both spouses in a marriage are presumed to own an equal share of most assets gained during the marriage; these assets are known as “marital assets” or “marital property.”
If divorcing spouses are not able to come to an agreement on property division, they must rely on the judge to divide the marital property. Texas requires judges to divide marital property in a way that is “just and right.” This does not mean that marital property will be divided equally among the spouses.
Judges consider a number of factors when determining optimal property division in a Texas divorce, including spousal support (alimony), conservatorship and possession orders, and each spouse’s earning potential. Complicated assets, like businesses and other appreciating assets, often require the help of financial professionals to divide.
If you’re in need of legal advice, contact Tycha Kimbrough at Kimbrough Legal, PLLC today.
