Child support exists in order to make sure that both parents are contributing financially to a child’s upbringing. A court order can result in child support in a number of different types of court cases, including divorce, child custody cases, and paternity cases. In this article, we’re going to look at how to apply for child support under Texas law.
If you want the short story, there are basically two ways to directly apply for child support in Texas. The first is to create an account online and apply through the Texas Office of the Attorney General website. The second is to request a physical application over the phone, which will then be sent to you through the mail.
Let’s take a closer look at what you need to know about the application process and child support laws in general.
There are two different ways you can apply for child support in Texas:
As a part of your application, you will need to provide specific information about you, the other parent, and your child or children. Some of the types of info you’ll probably need to have ready when applying include:
In order to apply online, you’ll need to start your application on the Texas Office of the Attorney General website. This requires that you create an online account, which allows you to:
Creating an account involves giving the following information:
If you already have an online profile, you can log in to your existing account to start the application process.
If you want to apply by mail, you can call the Child Support Division at (800) 252-8014.
They will then send you a physical application in the mail. It’s worth noting that going this route will take longer than applying online.
Child support in Texas exists to ensure that children are financially supported by both of their parents.
These payments can go toward a variety of costs, including:
For more information about the basics of child support in Texas, check out these guides:
It is common in custody arrangements for a child to primarily live with one parent. When a child resides with one parent more than the other, the parent they live with is known as the “custodial” parent.
The other parent, known as the “non-custodial” parent, will typically have visitation rights. The non-custodial payment is the one who makes payments (and is sometimes referred to as the “obligor.”)
Are you wondering what your life will look like after divorce as a stay-at-home mom? Check out our list of seven things you’ll want to know.
As discussed above, the parent that a child lives with most of the time is known as the custodial parent. They receive child support payments from the non-custodial parent. Those that receive payments as the custodial parent are known as the “obligee.”)
Are you entering a divorce and you’re wondering who will end up being the custodial parent? Make sure you check out our guide to who gets the kids after the divorce in Texas.
In most cases, child support lasts until a child turns eighteen or until they graduate from high school, whichever occurs later.
However, child support can continue on as long as the child requires it if the child has a disability. Furthermore, parents who owe back child support need to pay what they owe in full regardless of whether the child has turned eighteen or graduated from high school. People who end their parental rights still have to pay what they owe in back child support.
Child support orders can be a part of a number of different types of court cases.
These include:
If you need to get a child support order, you may choose to file the application yourself or hire a lawyer. When you work with an attorney, there is the benefit of having a legal professional advocate for you during your hearing and keep you informed of your rights.
If your case is contested but you are worried about the cost of hiring a lawyer, you can also contact the Child Support Division of the Office of the Attorney General (OAG). While they are able to go to court in order to pursue child custody, support, and visitation orders, they don’t represent you in the same way an attorney would.
Are you a father involved in a divorce or a custody case? Make sure you take a look at our post about a father’s rights in Texas after a divorce.
You will want to contact the Child Support Division of the Office of the Attorney General if the noncustodial parent hasn’t been making their payments. Once you have gotten in touch with the office, you’ll be able to learn more about how to file an enforcement action.
In some cases, you might not want to involve the Office of the Attorney General or wait for them to take action. You are able to enforce child support orders without going through the OAG and instead file your own enforcement case, but it’s generally advised to go through the OAG.
In Texas, there are two primary legal processes that deal with setting up, changing, and enforcing court orders having to do with child support as well as medical and dental support.
The first of these is the Child Support Review Process (CSRP,) which is an administrative process that usually takes place at a local office of the Child Support Division. During this process, it's common for a Child Support Officer (CSO) as well as both parties to be present. In most cases, this meeting will last about an hour to an hour and a half.
If both parents can come to an agreement regarding the issues addressed in the meeting, a judge will receive the order and sign it. If an agreement can’t be reached, the process will move onto the second primary legal process: the court process.
These are:
If you and the other parent are able to reach an agreement about child support, you do not necessarily need to hire a lawyer. When both parties are in full agreement regarding the terms, your case is uncontested and can often be navigated without the help of a legal professional.
On the other hand, though, you will most likely want to do one of the following if your case is contested:
The process of applying for child support can feel pretty overwhelming. Afterall, the outcome will determine the type of financial support that will be going to your child for years to come. Luckily, the Office of the Attorney General in Texas makes it easy to apply for child support online while also allowing you to apply by mail if that’s preferable.
No matter what type of legal issue you’re dealing with in Texas, knowledge is power. The more you know about the laws surrounding the matter at hand and what to expect from the process, the better prepared you can be and the better outcome you can work toward.
Are you searching for more resources to help you navigate family law issues in Texas? Make sure you check out our Texas family laws blog!
If you just got divorced, there’s a good chance you’re trying to piece your life back together financially. When you realize that you might be on the hook for court-ordered monthly payments, the idea might cross your mind to try and lower child support by quitting your job.
While this might be tempting, it’s probably not going to work. Not even getting into the moral questions surrounding this idea, you’ll want to understand the ways that courts try and ensure people aren't slipping out of child support obligations through intentional unemployment or underemployment.
In short:
If you quit your job to try and avoid child support, you could find yourself in a sport where your child support obligation is just as high as it would have been, except you no longer have any income to make those payments.
It is not at all uncommon for a parent to purposefully under-employ themselves or even quit the job they have with the intent of avoiding child support. Since child support in Texas is based on the noncustodial parent’s income, the goal is to try to pay less child support by reducing their income. In some cases, individuals will then secure a higher-paying position once the child support amounts have been established.
Going this route can be tempting if you feel that the child support orders are unfair, given your circumstances. However, it’s generally not a good idea to quit your job when there is a child support order in place. Furthermore, the court can impute income to you if your child support case is ongoing, meaning they can base your child support payments on the amount of money they think you should be able to earn, not how much you actually do earn.
If you quit your job, on the other hand, the court might:
It’s important, also, to understand that child support modification cases can be incredibly slow-moving. Furthermore, this isn’t something that will just automatically happen– you have to drive it forward.
If you’re thinking about quitting your job, it’s important to understand that the courts have the discretion to attribute income to you based on your earning potential. This means that they can look at your past employment history, your skills, your education, and other factors to determine how much you could be making and then base child support payments on that.
Another important point is that family court decisions are made on a case-by-case basis. This means that there is no way to know how they will rule until the decision is made.
When considering whether your child support orders should be changed, a court might look at the following:
A court might modify your child support orders if they find that your underemployment is legitimate rather than an attempt to avoid child support obligations.
Take a look at our guide to finding the best child support lawyer in Texas.
Generally, the actual income a parent earns is the number that will be used to calculate how much child support is owed in Texas. There is, however, a section in the Texas Family Code (154.066) that speaks directly about underemployment and unemployment.
A particular case changed how Texas courts applied 154.066, with a split amongst courts regarding how much proof is necessary related to a parent’s income.
In the Texas Supreme Court case Iliff v. Iliff, No. 09-753, the court found that courts can apply support guidelines based on the earning potential of the noncustodial parent when intentional unemployment or underemployment appears to be occurring.
The ruling of the case states the following:
Basically, if someone tries to lower their income in order to avoid child support payments, the court has the ability to respond. Of course, as will all child support and custody cases in Texas, the priority is always going to be the child’s best interest.
How your child support obligation is impacted by a change in income is going to depend on the specific factors of the case. Here are some general things you’ll want to know about income changes and child support orders in Texas.
The first thing you’ll want to do is contact the Texas Attorney General’s office if you lost your job and owe child support.
It’s crucial to understand that your monthly payment amount will only be changed through a court order. This means that you need to keep up with your current child support payments until the modification is made.
Are you curious to know whether you and your spouse can agree to forgo child support payments entirely? Check out our guide here.
If you got a new job that pays less than your previous job, it’s possible you can get the amount of money you owe in child support changed.
You can contact the Office of the Attorney General to request a review of your child support obligations. However, you will need to continue making payments while your request is being reviewed and processed.
Looking to keep your divorce as peaceful as possible? Head over to our post about amicable divorce in Texas.
When creating child support orders, the court will look at:
This means that they might use an income higher than your actual part-time income in order to calculate child support payments.
Are you going to owe alimony in addition to child support? Check out our recent post about spousal support in Texas.
If you are currently receiving unemployment benefits, your earnings from unemployment will be withheld in order to make your child support payments. The agency that deals with taking child support payments from unemployment benefits is known as the Texas Workforce Commission.
If your wages are being withheld from unemployment earnings, the Texas Workforce Commission can take up to half of these earnings in order to meet your monthly child support payments.
You can request that the Office of the Attorney General review your payment order. During this process, they will determine whether or not they feel your payment amount should be adjusted based on income changes.
It’s important to understand that the noncustodial parent might end up making payments for an extended period of time if the court makes a new court order or adjusts the amount that is withheld from the noncustodial parent’s paychecks.
Are you soon to be a single parent and wondering what divorce will mean for you? Take a look at our guide to divorce for stay-at-home moms in Texas.
Divorce is always hard, but things get a lot more complicated when kids are involved. If you’re considering trying to lower child support by quitting your job, it’s worth understanding that this might not work as expected. Texas courts are able to impute income, meaning they can assign a certain income level to you that they believe you are capable of earning rather than applying guidelines to your actual earnings.
Are you searching for more resources to help you navigate divorce and child support questions in Texas? If so, make sure you check out our Texas Family Law blog!
If you and your spouse are divorcing amicably, you may have tossed around the idea of foregoing child support entirely. This brings up the question-- can parents agree to no child support in Texas?
The short answer is: maybe. At the end of the day, courts will only approve child support agreements that differ from the state guidelines if they feel it's in the best interest of the child.
Let's take a closer look at what you need to know about agreeing to no child support in Texas.
In general, Texas judges are encouraging of couples coming to their own agreements regarding a number of issues, including child support.
At the same time, they won’t approve any old agreement you come up with. In order for a child support agreement to be approved, the court must find that the terms support the best interest of the child.
It’s worth noting that it can be quite difficult to change the amount of child support you are giving or receiving after the fact if you stray from the guidelines.
One question that comes up every once in a while is whether or not parents in Texas can agree to no child support. In these instances, both involved parties are in agreement that child support doesn’t need to be paid or received.
In order to determine the answer, we have to look at Texas Family Code 154.124.
The reason for this is that the agreement must be found to be in the best interest of the child. If the court believes it isn’t. They can order child support despite the agreement you’ve both signed.
The short answer is that whether or not you can forgo child support is up to the judge. In order for your child support agreement to be legally binding, it has to be first approved by the court.
The best interest of the child is always the most important factor when it comes to child support agreements in a Texas divorce. It is possible to create an agreement that states neither of you will exchange child support, but it isn’t necessarily a given that the courts will approve it.
Some of the factors that will be taken into consideration when the court looks at your agreement include:
You can learn more about how to find the right child support lawyer in Texas in this post.
Child support laws exist to make sure both parents are financially contributing to the upbringing of their child.
Here is some of the basic information you’ll want to know about how child support law is structured in Texas:
When you are creating a child support agreement with your spouse during divorce, there are a number of important questions that have to be answered. There is much more on the table than simply determining whether or not you want to forgo child support payments.
For example, health insurance coverage should be discussed in your agreement. Under Texas law, health insurance could be required to be provided for the child by one or both parents. Your agreement, therefore, might need to include information about how uninsured medical expenses will be covered and who is responsible for carrying out the insurance policy.
You’ll also want to touch up how the following expenses will be covered:
Furthermore, it’s important to also address what will happen if:
If either of the above happens, you’ll want to have a plan for how this will impact child support.
As you can see, creating this type of agreement is no easy task. This is why most experts would advise that you hire an experienced attorney to help you draft and negotiate the terms of the document.
In Texas, child support decisions are generally based on guidelines that take into account the income of both parents, among other factors. The guidelines are designed to ensure that children receive adequate financial support from both parents, regardless of their income levels. However, there might be instances where higher-income couples are more likely to reach agreements that involve little or no formal child support payments.
Here are some of the reasons that this is the case:
Looking for more info about the financial implications of divorce? Take a look at our guides to spousal support and alimony in Texas.
Getting divorced is always stressful, but when children are involved, it can reach an entirely different level. For this reason, parents who are hoping to divorce amicably and want to keep things simple might try to avoid having a child support agreement altogether.
While it is possible for the courts to approve an agreement that forgoes child support, they can also make child support orders despite your agreement.
Are you looking for more resources about divorce in the Lone Star State? Make sure you check out our Texas Divorce Laws blog!
You’re probably familiar with the idea of a prenuptial agreement, but what is a post-marital agreement in Texas? Is this something that you and your spouse should consider, or is it not necessary in your situation?
In short, a post-marital agreement is a contract between spouses that is created and signed after the marriage has occurred. This legal document outlines property ownership and division, along with other important issues, in the event of divorce or death.
Not all couples will need a post-marital agreement, but those with significant assets, blended families, and frequent conflicts about finances, to name a few, can certainly benefit from this type of contract.
Let’s take a look at what you need to know about postmarital agreements in Texas to help you determine whether or not it’s something you and your spouse should pursue.
Also known as a postnuptial agreement or a postnup, a post-marital agreement is a legal document that married couples can create to determine ownership and property division in the case of a divorce or death.
You’ve probably heard the term “prenup,” which refers to a contract between a couple that is made prior to their marriage. A post-nup is very similar, except that the parties involved are already husband and wife when the document is created.
Are you wondering how assets and debts are typically split up in a Texas divorce? You can learn more about what to expect in our guide to Community Property Law in Texas.
A number of issues can be touched upon in a post-marital agreement, including:
It’s worth noting that a postnuptial agreement in Texas cannot make determinations about the following issues:
Both child custody and support are issues that, from the viewpoint of Texas courts, must be decided in a way that prioritizes the best interest of the children involved. This means that neither prenups nor postnups can outline how issues of child custody and support are handled.
Though a post-marital agreement might not sound like the most romantic endeavor you and your spouse could engage in, the truth is there are a number of benefits to creating this type of document.
When you create a post-nuptial agreement, it gives both spouses the chance to put in their two cents about how assets and debts will be divided in the case of divorce or death.
Furthermore, depending on how long into the marriage the document is created, it’s possible that they will both be more mature and more capable of coming to agreements that suit both of them.
Finances can be one of the biggest stressors in any relationship.
Without clear expectations about how you’ll deal with money as a couple, it’s much more likely that you and your spouse will deal with conflict surrounding your finances.
Getting a postnuptial agreement doesn’t necessarily mean that you and your spouse are planning on getting divorced. After all, this can also be a useful tool for estate planning and keeping wealth in your family in the long run.
However, postnups can also be very useful in making divorce much more seamless. When you and your spouse have already made decisions about the most important issues on the table long before tensions were high mid-divorce, it can mean you save money on legal costs and tons of time. Essentially, you can pursue an uncontested divorce rather than engaging in a contested divorce.
If either spouse or both spouses together own a business, a postnup can be a very useful document.
Not only can this document outline what happens to business assets and interests in the event of divorce, but it also can ensure that you have some control over what happens to your business after your death.
If you or your spouse has children from a previous marriage, a post-marital agreement can help make sure that these children’s interests aren’t lost in the shuffle in the case of divorce.
Beyond that, this type of document can serve to protect the interests of your beneficiaries when you and your spouse pass on.
Of course, there are always two sides to every coin. A postmarital agreement might not be necessary or the best idea in every situation. Let’s take a look at some of the reasons you might want to steer clear of creating this type of contract with your spouse.
One of the biggest reasons that people are skeptical of creating post-marital agreements is that it seems to imply that divorce is inevitable. After all, why would you go through all the trouble to decide how things will be split up if you’re planning on living happily ever after?
Well, the truth is, there are plenty of reasons.
At the same time, even the thought of signing a postnup could leave some individuals with hurt feelings. For this reason, it’s always a good idea to be thoughtful about how you broach the issue and explain to your spouse why you think it is beneficial for both of you.
In general, postnuptial agreements are enforceable so long as the contract wasn’t signed under duress or fraudulently. Furthermore, the agreement must not be considered unconscionable by the courts and can’t contain certain terms.
Additionally, some experts state that postnuptial agreements are actually scrutinized much more carefully than prenuptial agreements. The reason for this is that the contract is being created after the marriage has occurred, which potentially creates a scenario where both parties don’t have an equal place on the playing field. For instance, if one party has more assets or earns the lion’s share of the income, it can leave one spouse in an unequal bargaining position.
Of course, another potential issue with postmarital agreements has to do with actually reaching an agreement in the first place.
When you’re creating a post-marital agreement, you’re dealing with some of the most important issues in your life. Questions regarding your home, your property, your debts, your business, and so forth are all on the table.
If both individuals aren’t on the same page, an attempt to create a postnuptial agreement could actually create conflict and strife rather than help to avoid it.
Postnuptial agreements aren’t necessarily going to be the right choice for every couple. That being said, here are some of the factors that could potentially make you and your spouse good candidates for this type of document:
On the other hand, going to the trouble and expense of hiring a lawyer to create this type of document might not be worth it in the following circumstances:
In order for courts in Texas to see your post-marital agreement as valid, the following must be true:
You will typically want to work with a lawyer when drafting and signing a postnuptial agreement. Doing so will help ensure that you are creating an enforceable document that is considered valid in the state of Texas.
Only you and your spouse can decide whether a post-marital agreement is the right choice for your family. Postnuptial agreements are contracts between spouses that are created after the marriage has taken place and outline what will happen to your estate in the case of divorce or death.
Though this might not sound like the most romantic endeavor to undertake with your spouse, postnuptial agreements can be a useful financial tool when done correctly.
Are you looking for more information to help you navigate the world of family law in the Lone Star State? If so, check out our Texas Divorce Laws blog for more useful resources!
If you’re getting divorced, there’s a good chance you’re dealing with a wide range of extreme emotions, such as sadness, anger, anxiety, guilt, and resentment. In light of this painful experience, the idea of getting an amicable divorce in Texas might feel like a pipedream.
Getting an amicable divorce, however, can end up being the best move in the long run.
Working with your spouse to reach an agreement doesn’t mean you have to be friends, but it does mean you both need to be willing to make some compromises. While pursuing an amicable divorce demands significant emotional maturity from both parties, it is often well worth the effort.
When you get an amicable divorce, it means that you and your spouse are willing to work together in order to create an outcome that is favorable for both of you. Instead of bickering over who gets to keep what or issues surrounding child custody, you are both actively cooperating with one another to create the best possible result for everyone involved.
As you might imagine, this is something that takes serious emotional maturity from both people. If both of you are committed to making it work, though, know that it really is possible to get divorced without endless, painful conflict!
Do you need to cite specific reasons for your divorce, or can you get divorced for any reason in Texas? Check out our guide to the grounds for divorce in the Lone Star State to learn more.
If the thought of working in tandem with your soon-to-be ex fills you with unpleasant emotions, you’ll want to consider the financial ramifications that could arise if you aren’t willing to cooperate with them.
The more contentious a divorce is, the more likely it’s going to cost you more and take more time. Here are some of the ways that you can save money when you are willing to get divorced amicably.
Perhaps the most compelling reason for getting an amicable divorce is that it can help you save money on lawyer's fees. When you’re involved in a contentious divorce, it’s possible the whole drama could end up as a lengthy legal battle. Once things move into the realm of litigation, the attorney’s fees are really going to start stacking up.
Keeping your divorce friendly and amicable is one of the best things you can do to keep the cost of divorce down. You can save some serious money if you are willing to file for a DIY divorce but be warned that this isn’t advisable in all cases.
In general, experts suggest that you get a lawyer when getting divorced if any of the following are true:
On the other hand, you might be a good candidate for a DIY divorce if:
This extends the previous point, but spending less time in court will save you money in the long run. Of course, the most obvious way that time in court racks up a bill is the hours your lawyer spends preparing and litigating your case.
Beyond this, you have to think about the opportunity cost of a lengthy court battle. What else could you be doing with your time rather than preparing for and participating in stressful hearings? Could you be getting started rebuilding your life post-divorce, including getting your finances back on track?
There is a cost to everything we do, and, in many cases, whether to divorce amicably or not is a choice that both parties can consciously make. Of course, sometimes, a spouse is completely unwilling to cooperate in the process. In general, though, it is worth the effort to try and work with your spouse rather than against them during divorce.
If you go down the rabbit hole of a contested divorce and it ends up in court before you and your spouse reach an agreement, you leave your fate up to a judge.
You and your spouse know your own situation better than anyone else. If it’s possible for the two of you to reach an agreement on your own, there’s a good chance you’ll both end up with a more positive outcome than if you leave it up to the courts.
Curious to know how much you should budget for your upcoming divorce? Check out our guide to the cost of divorce in Texas.
Getting an amicable divorce in Texas isn’t just easier on your wallet– it’s also easier on your mental and emotional well-being.
Once you’ve made the decision to get divorced, it’s understandable to want to get the process over as quickly as possible. If you aren’t able to get an amicable divorce, though, you’re gambling with the possibility that your case could drag out in court for an excruciating length of time.
If you and your spouse can reach your own agreements about important terms, however, you can keep the process as short and simple as the courts allow. In Texas, there is a mandatory sixty-day waiting period that pretty much all couples will have to go through before a judge will sign their Final Divorce Decree.
There are only a few exceptions to this waiting period, and they are quite specific. For this reason, you should assume that you will probably have to wait at least two months after your initial paperwork is filed before your divorce is finalized.
There are so many different aspects of divorce that can make it stressful and emotionally challenging. One thing that is likely weighing on your mind is how things like child support and custody, property division, and spousal support will pan out.
If you take your divorce to court, both you and your spouse ultimately relinquish control over the outcome of your split. Wouldn’t it be better if the two of you could reach a mutually beneficial agreement rather than leaving your financial and personal future up to a judge?
There are few things as stressful as a divorce. No matter how amicable things are, no divorce is ever easy.
That being said, getting an uncontested, amicable divorce can help reduce the emotional burden of divorce. Both parties can benefit when you keep things cordial as well as any children involved in the marriage.
It’s no secret that divorce can be hard on kids of all ages. When their parents split up, children can understandably go through a wide range of difficult emotions. Furthermore, divorce can also lead to behavioral changes, academic challenges, and even health issues in kids.
If you want to ensure the divorce process is as stress-free for your children as possible, do what you can to keep things amicable. Not only will it help ensure that the process doesn’t drag on any longer than it needs to, but your kids also won’t have to be witnesses to an extensive and difficult battle between you and your spouse.
While some of the benefits of an amicable divorce– such as reduced legal fees and less time in court– might be obvious, others are more easily overlooked. If you and your spouse take your divorce to the courtroom and battle it out, it means that a bunch of your dirty laundry is going to become a part of the public record.
If you’d rather keep your personal information and private life out of court documents as much as possible, an amicable divorce is the way to go.
Getting an amicable divorce in Texas can help you save money, time, and heartache. While it may not be possible in all circumstances, it’s worth the effort to try and cooperate with your spouse to come up with a post-divorce outcome that suits both of you.
Are you searching for more info to help you navigate your divorce? Make sure you check out our Texas Divorce Laws blog.
Divorce is never easy, but it’s particularly nerve-wracking for women who have given up their careers in order to take care of their children. If you’re getting divorced in Texas and you’re worried about what it means that your spouse is the primary breadwinner, stick with us to learn what you need to know.
You’ll be happy to learn that you are entitled to a fair and just portion of the estate even if you haven’t been earning income. It’s also possible that you could receive spousal support payments and child support, but these will depend on the particulars of your case.
Understanding your rights as a stay-at-home mom is essential in order to ensure the outcome of your divorce supports you and your children down the road. Here are 7 things you’ll want to know as the primary caregiver and homemaker in your family.
Anyone who is engaged in a divorce is going to be concerned about how property is divided. For stay-at-home moms, however, this topic is particularly concerning. After all, stay-at-home moms typically take on the responsibilities of childcare, household management, and more while their spouse is responsible for earning income.
Community property in Texas refers to the legal framework that governs the ownership of property that was acquired by married couples during their marriage.
What does this role division mean in terms of divorce and property division in Texas?
The good news is that Texas is a community property state, which means that any property that was acquired during the marriage is considered marital property. This is the case regardless of whose name is on the title or deed or whose income is paid for the asset.
The division of property in a Texas divorce is, under law, subject to “fair and just” division. Courts will take valuable contributions into account when determining how property is divided. This means that the hard work of stay-at-home moms is considered when deciding how an estate will be split.
For a deeper dive into the question of property division in Texas, check out these articles:
A primary concern for many stay-at-home moms is the question of child custody. When the issues in a divorce pertain to children, the Texas courts always prioritize the best interest of the child or children involved.
In general, courts encourage parents to spend as much time as they can with their kids and actively participate in their children’s lives.
You will usually find that one parent will end up having more parenting time than the other. The parent that spends more time with the child is known as the primary caregiver.
It isn’t uncommon for stay-at-home moms to be awarded primary custody since they have been serving as the primary caregiver. If you have been providing the lion’s share of childcare in your marriage, you will perhaps find some solace knowing that Texas courts try to provide continuity for children as much as possible.
Child support payments are going to be directly influenced by what results from the child custody proceedings. It’s typical for the noncustodial parent to make payments to the primary custodian.
There are guidelines the state of Texas uses to determine child support payments. The amount the supporting parent is expected to pay will depend on the number of children being supported and the income of the paying parent.
Parents have the ability to request additional child support beyond the standard guidelines. However, the onus is on them to prove why they will need additional funds.
Texas is often stated as one of the most difficult states in which to receive alimony through the court. That being said, it is possible for you and your spouse to agree to spousal support payments in a marital agreement that goes beyond the formula used by the courts.
Texas tends to have a more restrictive approach to alimony compared to some other states. The state has specific guidelines and limitations on awarding alimony, also referred to as spousal maintenance.
If you are expecting to receive court-ordered spousal maintenance payments, it’s worth understanding that the qualifications are quite strict. These requirements only get your foot in the door to have your argument heard by the court– you won’t necessarily be awarded alimony even if you fulfill the qualifications.
There are a number of factors the court will take into account if you do qualify, including:
Another important question on the minds of most stay at home moms when they’re confronting a divorce is whether they will be able to keep their health insurance. After all, most stay at home moms will be receiving insurance coverage through their spouse’s employee healthcare plan.
When courts address the question of insurance coverage, they will typically consider whether you were reliant on health insurance when you were married to your spouse.
As a stay at home mom, there’s a good chance you are interested in staying in your marital home with your children after the divorce. Who will end up keeping the house will depend on a number of different factors, and some couples will end up selling the house in order to access the equity in the property.
Who gets to keep the family home is going to depend on your particular circumstance. You and your spouse can mutually agree to a specific outcome in a divorce agreement, for example, or the court could award the home to one spouse or order that the property is sold and the proceeds are divided. If one spouse owned the home before marriage, they might try to prove to the court that the house is their separate property rather than marital property.
When most of your family estate is tied up in your home, it isn’t uncommon to sell the home. In cases where there are more assets at play than just the house, it’s possible that the marital home can be awarded to one spouse and offset by other valuable assets awarded to the other spouse.
It’s important to understand that you aren’t just going to be left out of the marital estate because you haven’t been the primary breadwinner in your family. You have the same rights as your spouse under Texas law to the community property that was acquired during your marriage.
Beyond this, it’s possible that you could receive additional support since you have been a stay at home mom during your marriage. For example, the court could potentially state that your spouse needs to cover your attorney’s fees.
Furthermore, if your spouse has taken on a new romantic partner during the divorce, you can have your lawyer protect the community estate by helping you obtain a financial restraining order.
Getting divorced can be terrifying, overwhelming, and incredibly stressful. Though learning about divorce laws might not be anyone’s idea of a good time, the truth is that you can help ensure the divorce process is as seamless as possible by learning as much as possible in preparation.
If you’re a stay at home mom, you will be glad to know that Texas law protects you in several ways and recognizes the value of your contribution regardless of whether you have been generating income.
At the same time, it’s important to not flippantly relate to the process of divorce. The outcomes of the proceeding can have a huge impact on your life going forward.
In most cases, it is advised that you work with a lawyer when there are children involved in a divorce. If you and your spouse are in complete agreement about all issues in the divorce and your estate isn’t complex, it’s possible that you could save on attorney’s fees and get a DIY divorce, but this isn’t a decision to make lightly.
Are you searching for more resources to help guide you during the divorce process? Make sure you check out our Texas Divorce Laws blog for more useful articles!
If you’re just starting to research how to legally end your marriage, there’s a good chance you’re feeling a bit overwhelmed. Learning how to prepare for divorce in Texas can feel like a steep hill to climb– after all, divorce is often the first and only interaction an individual has with the legal system.
In this article, we’re going to take a look at all of the basic information you’ll want to consider as you begin the process. Furthermore, we’ll make sure you know what the most important steps are so you can be fully prepared going into your Texas divorce.
The first thing you’ll want to do if you’re considering divorce in Texas is make sure you qualify based on their residency requirements.
While there are a few exceptions, the basic gist is that you need to fulfill both of the following requirements in order to file for divorce in Texas:
Military families or individuals who work for the government outside of Texas can still get divorced in the state if the following are true:
Individuals who are stationed in Texas for military duty (or another government role) can also get divorced in Texas, even if it isn’t their home state. However, they will need to have been in Texas for six months and the county where the divorce is being filed for ninety days.
One important decision you’ll have to make at the beginning of the divorce process is what the grounds are for your divorce. The person who is filing the divorce paperwork will need to choose one of the legally acceptable grounds for divorce in Texas, which are:
The first three grounds on are list are known as “no-fault” grounds. This means that neither party is being accused of being responsible for the dissolution of the marriage.
The last four are “fault-based” grounds. This means that one spouse is accusing the other spouse of behavior that led to the end of the marriage.
By far the most common ground for divorce in Texas is “insupportability.” You might be more familiar with this concept by the name of “irreconcilable differences.” Essentially, this means that the two of you are so at odds that it is unlikely that you could work things out.
Even if your spouse is guilty of one of the fault-based grounds for divorce, you might still choose to file on the grounds of insupportability. The reason for this is that the onus will be on you (and your lawyer) to prove what you are accusing your spouse of. As you might imagine, this type of divorce can become a lot more contentious, which typically means a longer, more expensive, and more stressful divorce.
Another big choice you’ll have to make is whether you want to hire a lawyer for your divorce. It is generally advised that you seek legal representation when you’re ending your marriage, but there are some circumstances where filing without the help of an attorney might make sense.
Deciding to represent yourself in a divorce is a big decision. However, many are motivated to look into it because it can save you a ton of money during the process.
At the same time, don’t be too frugal and try to represent yourself when you’re in over your head. Remember, the outcome of your divorce will have a huge impact on your post-divorce life.
You might be a good candidate for a DIY divorce if:
If the above list of factors doesn’t really apply to you, it’s probably a good idea to talk to a lawyer. Even if you do fit within the above parameters, it’s typically advised to lawyer up if your spouse has already found representation.
Deciding whether or not to hire a lawyer is a really big decision that shouldn’t be taken lightly. Make sure you check out our other articles about divorce attorneys in Texas to learn more about the pros and cons:
Texas is one of nine U.S. states that is a community property jurisdiction.
What this means is that any and all property (except a few exceptions) acquired during your marriage– by either spouse– is considered community property. What this means is that the courts will presume that both you and your spouse own the property equally, even if only one of you has your name on the title or paid for it with your own income.
There are a few exceptions in this regard. Things that you acquired before your marriage are considered your own separate property. Furthermore, any of the following that were acquired during the marriage are also considered separate property:
Ready to get organized? Take a look at our Texas divorce checklist.
Getting divorced is always going to be stressful, but you can mitigate just how stressful it is by being prepared. One of the things you’ll want to start doing sooner rather than later is gathering all of the necessary documents and forms you’ll need.
You can learn more about the legal forms you’ll need to get divorced in our Texas Divorce Forms guide.
Another important thing to know about getting divorced in Texas is that there is a mandatory sixty-day waiting period. This means that judges aren’t able to sign off on Final Divorce Decrees until sixty days have passed since the initial divorce paperwork was filed.
There are a few exceptions to this rule, but they are very specific and relate to domestic violence. Most couples will need to be patient and wait through the sixty days.
There are so many practical tasks and considerations during divorce that it’s easy to forget about the more human side of things. Getting divorced is a huge life change, and it’s not something you’ll want to do alone.
When you realize that you’re getting divorced, it’s a good idea to start building up your support network. This can mean close friends, family members, clergy members, or therapists. The bigger your network, the more likely it is that someone will be there to help when you need it most.
If there are children involved in the marriage, it’s essential to think about their well-being during the process. Though it can be tempting to try incorporating them as a part of your support network, avoid badmouthing your spouse to your kids. Make sure they have the help they need during the process, work to communicate with them openly and provide space for them to tell you how they really feel.
As a final note, it’s important to understand just how expensive your divorce can get if it ends up in a courtroom battle. Sometimes, there is no way around it. If possible, though, consider other options like mediation.
Mediation isn’t always cheaper and less time-consuming than litigation, but it often is. If you and your spouse disagree on some of the terms of your divorce, consider finding a way to come to an agreement outside of the courtroom.
Divorce is a process that affects just about every aspect of your life– your finances, your home, your family, and so on. Though learning about the divorce process probably isn’t your idea of a good time, the truth is that it’s well worth the time and energy to prepare.
Are you searching for more resources to help you navigate your divorce in Texas? Make sure you check out our Texas Divorce Laws blog.
If you’re getting divorced, you might be wondering just how common your predicament is. In this post, we’re going to take a look at some surprising Texas divorce statistics that paint a broader picture of marriage and divorce in the Lone Star State.
Are couples in Texas more or less likely to get divorced than in other US states? Are women or men more likely to file for divorce? What's the main reason most couples cite for splitting up in Texas?
Let's answer these questions and more by taking a look at the most fascinating data and stats about Texas divorce.
Even though the divorce rate in Texas has been trending downward steadily for more than ten years, the divorce rate here is actually higher than the national average.
In Texas, there were 6.9 divorces per 1,000 people in 2022, according to Axios. By contrast, the U.S. Census Bureau puts the U.S. divorce rate at 3.2 per 1000 people.
In Texas, the percentage of men who have been divorced is lower than the percentage of women who have been divorced.
Here are some stats that show this discrepancy, sourced from Divorce.com:
This stat doesn’t just apply to the Lone Star State– it’s also true on a national level. Women are responsible for initiating nearly 70% of divorces in the U.S. according to a study from the American Sociological Association.
To learn more about why women tend to file for divorce more than men, check out my recent post, 6 Reasons Women are More Likely to Initiate Divorce in Texas.
There are usually lots of complex reasons that a couple will get divorced. Sure, there might be financial problems, infidelity, or other common issues, but it’s rarely something that can be so simply boiled down.
At the same time, when you file for divorce in Texas, you have to choose one of a handful of legally accepted reasons for marriage, also known as grounds. Some of these grounds are no-fault grounds, meaning that neither spouse is blaming the other for the dissolution of the marriage. Others, however, are fault-based grounds that require the accusing spouse to provide proof of the claims they’re making.
Even if one or both parties engaged in behavior that could be used to support a fault-based case, many couples choose to file on the grounds of insupportability. In fact, this is the most common ground for divorce in Texas. Going this route can make divorce cheaper and faster compared to filing on fault-based grounds.
To learn more about the most commonly cited reason for divorce in Texas, check out my article What Are Grounds of Insupportability in Texas Divorces?
Divorce is always going to be more complicated when there are children involved. Not only do you have to think about how you and your spouse will split up assets and debts and whether or not you will agree to contractual spousal support, but you also have to consider child custody and support.
In the state of Texas, nearly half of all divorces involve children that are under the age of eighteen. According to one statistic, more than 40% of women took on guardianship of their children after divorce, while only a little over of 18% of men did the same.
One interesting Texas divorce stat is that couples who attend religious services together are actually less likely to get divorced. That being said, the particular religious group that the couple belongs to can also have an impact on their divorce rate as a group.
In Texas, the divorce rate for a few different Christian denominations is as follows:
The population of Texas is predominantly Christian, with 77% of residents following the faith.
In the United States, the median age for individuals to get married the first time is 28.6 for women and 30.6 for men in 2021.
However, people in Texas tend to head down the aisle a bit earlier. The median age for men to get married for the first time in Texas is 28.5, while the median age for Texas women to tie the knot is 26.6.
Do you have to wait a certain amount of time to get hitched again in Texas after divorce? Check out our post about how long after divorce you can get remarried in the Lone Star State.
The median duration of a marriage in Texas is 17.5 years. While that sounds like a pretty impressive run, all things considered, this is actually lower than the national average. According to research from Bowling Green State University, the median duration of a first marriage for couples in the U.S. is 21 years.
Whether we’re talking about Texas, another state, or the rest of the country, a pattern emerges when we look at second and third marriages. With each new marriage that an individual engages in, the median duration gets shorter and shorter.
Are you wondering what's going to happen to your property after divorce? Check out our post about community property law in Texas.
When you and your spouse first start talking about divorce, one of the first things that probably pops into your mind is money. How much, exactly, is this going to cost?
We all know that getting divorced isn’t cheap, but you might be surprised to learn that the average cost of divorce in Texas is between $11k and $13k. This is according to one study that was conducted between 2015 and 2019.
Other studies, however, place this average number even higher. One found that divorces that don’t involve children have an average cost of $15,600, while those that involve children cost $23,500 on average.
If these numbers are raising your heart rate, remember that these are just the average costs.
There are things you can do to keep the total price of divorce down, including:
We have a number of resources available for people who are looking to save money during the divorce process.
Check out these articles to learn more about your options:
Taking a look at some of the surprising statistics about divorce in Texas can be a useful exercise for a number of reasons. On the one hand, it can help you get a better sense of whether your divorce is fairly typical or if your situation is a bit more unusual. On the other hand, it can help you know what to expect from each stage of the divorce process.
Divorce is never easy, but the whole experience can be much less stressful if you’re knowledgeable about the way divorce works in Texas. For more resources and helpful articles, make sure you check out our Texas Divorce Laws blog!
If your marriage is ending because of infidelity in your marriage, there are probably a lot of questions swimming around your head at the moment. One thing that you might be wondering is: is adultery a crime in Texas?
The short answer is: no.
Though this might seem strange, the reality is that infidelity isn’t a criminal offense in Texas. However, it can be taken into account in a civil case such as divorce.
Let’s take a closer look at what you need to know about adultery and divorce in Texas to help you get a better sense of what you can expect from the divorce process.
Before we get into the legality of adultery in Texas, let’s first make sure we’re clear on what exactly adultery is under Texas law. Culturally, people might think of things like having an emotional affair as a form of adultery, but the state of Texas very specifically designates what constitutes adultery.
An individual in Texas commits adultery if they have sexual intercourse with a person who isn’t their spouse while married. Texas law sees adultery as occurring when physical, sexual intercourse has taken place between a married person and someone who isn’t their husband or wife, rather than applying broader definitions of cheating.
How can you know if your spouse is really cheating or if you're just being paranoid? Check out our list of signs your spouse is having an affair.
No, adultery isn’t a crime in Texas. This means that someone who cheats on their spouse won’t be locked away or face criminal charges for their behavior.
At the same time, this doesn’t mean that adultery can’t have an impact on the outcomes of civil proceedings, such as a divorce. Essentially, just because a cheater won’t have handcuffs slapped on them for straying from the marital bed, it doesn’t mean they will get off scot-free without facing legal challenges.
In Texas, a person who is seeking a divorce will need to select a legally accepted reason that they are choosing to end their marriage. These are known as “grounds.” Individuals can either file for divorce based on no-fault grounds or on fault-based grounds.
It’s worth noting that the courts in Texas have found that adultery can be used as the grounds for divorce even when the infidelity occurred after the two spouses had separated from one another.
There are actually 20 states in the U.S. where adultery is defined as a crime. In most places, it’s treated as a misdemeanor. However, there are several states where infidelity is actually a felony.
Adultery is a misdemeanor in the following U.S. states:
In these four states, adultery is considered a felony:
Adultery was a crime in Massachusetts until 2018, up until which point it was considered a felony offense. This meant that, theoretically, at least, cheaters could be put in a state prison for up to three years, in jail for up to two years, and also be ordered to pay a fine of up to five hundred dollars.
If your spouse has committed adultery and you’re filing for divorce, there’s a good chance you’re wondering how this will affect the outcome when it comes to things like property division, alimony, and child custody.
One might assume that the courts will automatically be harsh toward anyone who has broken their marriage contract. However, it’s important to understand that infidelity may or may not affect important questions like how property is split up.
You have the option, when you live in Texas, to file for divorce on the grounds of adultery. This means, though, that the pressure is on you (and your attorney) to prove the claim that you’re making against your spouse. The judge might consider the behavior of your spouse when splitting property and making decisions about spousal support, but not necessarily.
Texas is one of a handful of community property states in the U.S. This doesn’t necessarily mean, however, that the estate will be split down the middle. The rule of thumb is that courts have to divide assets and debts in a way that is deemed “just and right.”
A spouse’s fault in splitting up a marriage– including adultery– can be taken into account when a fair but unequal division is being determined. Usually, though, other circumstances need to be present for the estate to be divided unequally. It’s also more likely that you will be awarded more in this type of situation if a lot of marital money was used toward your spouse’s affair.
Texas really only court orders spousal maintenance in a few specific circumstances. If you are hoping that you’ll be awarded substantial alimony by the court because of your spouse’s infidelity, you might be disappointed to learn that this might not be the case.
There are strict eligibility requirements for receiving spousal maintenance in Texas. Spousal support, on the other hand, can be agreed to within a divorce settlement agreement in a way that allows for a lot more leeway in terms of the amount of money you can receive and for how long.
Texas, just like every other state in the U.S., must make decisions about child custody based on what is in the best interest of the child. This typically means that adultery isn’t going to have an impact on the court’s ruling regarding parenting time and the primary residence of the child.
When it comes to child support, there is a formula used by the state of Texas to determine how much support is required.
This is based on a number of factors, including:
Child support payments are intended for the support of the child’s needs, not for the parents, and certainly not as a way to punish an individual that led to the dissolution of a marriage.
Let's say that you and your spouse have decided to go separate ways. One or both of you move out of the house, and the two of you start building your lives back up on your own.
At the same time, your divorce hasn't been finalized yet. There isn't such thing as legal separation in Texas, so you are still very much legally married in the eyes of the Texas courts.
You might assume that starting to date new people would be fine in this circumstance, but it's best to wait until the Final Divorce Decree is signed by a judge. Texas courts have found that a spouse can file for divorce on the fault-based grounds of adultery even if the affair didn't begin until after the couple separated.
This means that dating while your divorce is ongoing, even if you and your spouse are living separately, could impact the outcome of your divorce. Considering how impactful things like property division and spousal support can be on your post-divorce life, the safest thing to do is wait until the divorce is final to start dating.
Adultery might not be a crime in the state of Texas, but that doesn’t mean it can’t impact how everything pans out in your divorce.
If you or your spouse decides to file for divorce on the fault-based grounds of adultery, it’s possible that there could be an unequal division of property. Furthermore, it could potentially affect court-ordered spousal maintenance. Since child custody and child support are based on the needs of the children, adultery won't impact these rulings unless the infidelity has compromised the child's well-being.
At the same time, you shouldn’t necessarily assume that the court will rule in your favor in this regard. Judges are expected to create “fair and just” rulings in divorces. Adultery, on its own, may not be enough to award you more than half of the marital property. Additionally, spousal maintenance is only awarded in a few select circumstances in Texas.
If you’re getting divorced, one of the best things you can do is work to gain a deeper understanding of the process. The more you know, the better prepared you can be!
Are you searching for more resources to help you through your Texas divorce? If so, make sure you check out our Texas Divorce Laws blog!
You’ve probably heard that it’s easier in some states than others to be awarded alimony in a divorce. So, is Texas an alimony state? What should you expect in terms of paying or receiving alimony in relation to your divorce?
There are alimony laws on the books in all U.S. states, and Texas is no exception.
However, you and your spouse are also able to agree to voluntary spousal support in your divorce agreement or prenuptial agreement.
Let’s take a look at what you need to know about alimony in Texas.
Every U.S. state has its own laws regarding alimony, some of which are much more comprehensive than others. It’s, therefore important to understand the laws in your own state to gain a deeper understanding of whether you will be likely to receive or have to pay alimony.
It’s worth noting that the word “alimony” doesn’t appear in the Texas legal code– instead, the terms “spousal maintenance” and “spousal support” are used. In general, Texas is considered one of the most difficult states in which to be awarded alimony through the courts. Texas courts typically prefer that private contracts be used to create alimony agreements rather than having the court order such arrangements.
Under Texas law, “spousal maintenance” and “spousal support” are two separate concepts. Let’s take a closer look at what distinguishes these two terms.
Spousal maintenance, under Texas law, is payments made from one spouse to the other as ordered by a court. Both spouses have the right to request maintenance as a part of their divorce proceedings. In order to actually be awarded spousal maintenance, however, very specific qualifications must be met.
The only way a spouse will be awarded spousal maintenance is if they don’t have the resources they need to provide for their basic needs at the time of the divorce plus one of the following:
In Texas, the court's presumption from the get-go is that maintenance will not be necessary or appropriate. It then falls upon the requesting spouse to prove that they have, in good faith, tried to get the training or education they need to support themselves or have worked to earn enough income to be financially independent. At this point, the court will evaluate the maintenance needs of the spouse.
Some factors will be taken into account when determining whether one spouse should receive court-ordered spousal maintenance.
These include:
Courts will take into account any and all factors that they deem relevant when evaluating an individual for spousal maintenance.
Spousal maintenance can be awarded under three different standards in Texas.
Here’s the breakdown:
Also known as contractual alimony, spousal support results from a voluntary agreement made between both spouses. Rather than being ordered by the court, spousal support is something that is typically outlined in a divorce settlement or prenuptial agreement.
In this circumstance, spouses can agree to a certain amount of spousal support as well as the duration of the payments. If the court accepts the contract that is made between the two spouses, it is then enforceable in the same way that other contracts are in the State of Texas. This document will be included in the Final Decree of Divorce.
Regardless of whether you are worried that you will be ordered to pay alimony or you are hoping you will receive it, there are three key things you’ll want to understand about spousal support and maintenance in Texas.
To receive court-ordered spousal maintenance, very specific circumstances must be met. The most common way that an individual receives spousal maintenance in Texas is by fulfilling the qualification of having been married for ten years and not being able to meet basic needs.
I’ve outlined the criteria for being awarded spousal maintenance in the section above entitled “What Is Spousal Maintenance?” It’s important to understand that you are not necessarily going to be awarded spousal maintenance even if you meet the qualifications. Instead, meeting the qualifications is necessary for moving forward with an evaluation to see if spousal maintenance is necessary.
It is possible to receive spousal maintenance that is ordered by the court in Texas. However, the general preference of the courts is that these types of payments are agreed upon through a voluntary contract.
There are two contracts where alimony is typically agreed to as a part of a divorce:
In an ideal scenario, you and your spouse could come up with an arrangement that works for both of you. This refers to both the amount of money being given from one spouse to the other as well as the duration of these payments. If you are drafting a divorce settlement agreement, it’s advisable to work with a lawyer.
Spousal maintenance payments are, ultimately, more easily enforced than contractual spousal support.
The important point, however, is that the court only has this power in relation to payments that are below the statutory limits. Periodic payments above the statutory limits are not within the purview of the court in terms of holding a party in contempt.
It is possible for damages to be awarded in the case of contractual alimony. That being said, wage garnishment isn’t allowed as a part of collecting alimony. This means it’s possible you won’t get the money you are owed even if you go through all the right steps to have the contract enforced.
You can receive alimony in Texas, either in the form of court-ordered spousal maintenance or through a voluntary agreement between you and your spouse. Receiving spousal maintenance through the courts isn’t that easy in Texas, though, as you have to fit specific qualifications. In general, the courts prefer that payments made from one spouse to the other result from a voluntary contract between the two spouses.
Divorce is never easy, but you can make the whole process simpler by gaining a greater understanding of family law in your state. For more information about getting divorced in the Lone Star State, make sure you check out our Texas Divorce Laws blog!
