If you have need a best suitable service your Child Law experience, Frequently Asked Questions About Contested and Fault, Divorce with the great process!
Family Lawyer in Houston: Unless you and your spouse have resolved all issues in a divorce, your divorce will more than likely be considered "contested". This doesn't mean that there is going to be a full-on assault to you, your sensibilities and your bank account, but that isn't necessarily ruled out either. Read on as we answer some of the of our most frequently asked questions regarding contested divorce in Texas. WHAT IS A CONTESTED DIVORCE? A contested divorce occurs when a couple fails to reach a mutual agreement regarding their divorce issues. Both emotional and legal factors can complicate the TX divorce process. Naturally, decisions regarding your children, your assets, and your future require thorough consideration and planning. WHAT IS THE DIFFERENCE BETWEEN A CONTESTED DIVORCE AND AN UNCONTESTED DIVORCE? The first thing to understand is that an uncontested divorce is where two people come together, identify their issues, and agree as to how to resolve those issues. It means that both parties can create a settlement agreement and go to the court and get a judgment of divorce amicably without the need for court intervention or litigation. HOW DO I KNOW IF MY DIVORCE IS UNCONTESTED? Another way of saying uncontested is agreed. If you and your spouse agree on everything then your divorce is uncontested. MY SPOUSE AND I AGREE ON BEING DIVORCED IS OUR DIVORCE UNCONTESTED? Houston Family Law Lawyer: A divorce in Texas is about more than not being married. A Texas divorce involves resolving three Things: 1. No longer being married 2. What is going to happen with the children 3. What is going to happen with property and debts Unless your spouse and you can agree on all three issues than divorce is not uncontested. WHAT ARE SOME COMMON DISPUTED OR CONTESTED ISSUES IN A DIVORCE? Some of the common issues and disputed matters in a divorce include: 1. who will be awarded the home 2. who gets to keep the retirement accounts 3. Which parent will be awarded primary custody of the children 4. The amount of child support 5. The geographic area where the children will live in after the divorce is final HOW LONG DOES A CONTESTED DIVORCE TAKE? Few contested divorces can be finalized within 60 days. The average time for a divorce in the Houston area takes more than 12 months. This is often due to the need for discovery in order to ascertain the value of property and debts as well as to narrow the issues. Busy court dockets, negotiations, meditations, and various motions can all increase the time it takes for a divorce. WHAT IS INVOLVED IN A CONTESTED DIVORCE PROCESS? Family Lawyers in Houston: The following are typical steps in a contested divorce process: 1. Consult with an attorney 2. File Original Petition for Divorce or respond to the petition 3. Discovery 4. Settlement 5. Trial 6. Post-trial Motions 7. Appeals DOES TEXAS GRANT DIVORCES BASED ON MARITAL FAULT? Yes, Texas has six fault grounds for divorce. Those grounds include: 1. Living apart 2. Confinement in a mental hospital 3. Cruelty 4. Abandonment 5. Conviction of a felony 6. Adultery SHOULD I FILE FOR DIVORCE ALLEGING FAULT? A client and his or her Texas family law attorney should determine what other ground (or grounds) for divorce are most appropriate. Any additional grounds will be specifically stated in the Petition for Divorce. HOW DO I FILE FOR DIVORCE BASED UPON ADULTERY? Adultery is one of several grounds for divorce. In Texas, you need to tell the court the reason why you want to divorce your spouse, called a ground. If you wish to file for divorce based upon the grounds of adultery, then your Original Petition for divorce must list this as a ground for divorce. HOW DO I FILE FOR DIVORCE BASED UPON ABANDONMENT? Family Law Attorneys Houston: Abandonment is another ground for divorce. In order to file for divorce based on abandonment, under the Texas Family Code Section 6.005 a spouse must show: 1. that the other spouse left the marital home and did not intend to return, and 2. the spouse will need to prove that the abandoning spouse has been out of the home for at least one year with no contact having been made with the spouse still living in the marital residence. CAN I ASK FOR A DIVORCE FOR MULTIPLE REASONS? Sometimes, more than one ground for divorce is listed in the Petition for Divorce. While this is allowed, having more than one ground for divorce will not necessarily carry any additional weight with the judge in the case. WHY PLEAD A FAULT GROUND? If successful in proving a fault ground for divorce specified below the party may be able to a better division of the community estate. Even if a fault ground is plead a Judge has the discretion of granting the divorce on the ground of insupportability instead. In addition, if a spouse is eligible under the law to receive spousal support under Texas Law and a Judge is inclined to award spousal support then a Judge may consider marital fault when awarding the amount and duration of spousal support in the divorce. For a long time in Texas (and many other states) a person who wanted to get divorced from their spouse had to specify the grounds for they are basing their divorce on. This led to persons having to invent reasons why they are requesting the divorce when in actuality the reason was more or less just being tired of looking across the breakfast table and seeing the other person each day. HOW DO I FIND OUT IF MY SPOUSE HAS CHEATED ON ME? Houston Family Law Lawyers: To find out if your spouse has been unfaithful to you, you may hire a private investigator who will assist you in that regard. In addition, during the discovery process of a divorce, your attorney will have the ability to make discovery requests including subpoenas, depositions, financial documents, etc. that may help to show adultery has occurred. DOES CHEATING AFFECT EQUITABLE DISTRIBUTION, ALIMONY OR CHILD SUPPORT IN A DIVORCE? If successful in proving a fault ground for divorce specified below the party may be able to a better division of the community estate. Even if a fault ground is plead a Judge has the discretion of granting the divorce on the ground of insupportability instead. MY SPOUSE HAD AN AFFAIR. CAN I USE THIS AGAINST HIM/HER? As previously discussed an affair can sometimes make a difference in the division of property. However, if there is no or minimal marital property divide an affair will have minimal impact on the outcome of the divorce. MY SPOUSE IS CHEATING ON ME SO I WIN IN THE DIVORCE, RIGHT? Over the years adultery has become more common in divorce cases. Family Law Lawyer Houston: Adultery may or may not result in one spouse getting a higher percentage of the community assets. In general, the courts do not award an extremely disproportionate share of the community estate on the basis of adultery alone. In most circumstances, adultery does not affect conservatorship or possession. Adultery may be an excellent reason for a divorce but it does not mean someone is a bad parent. What happens if I cannot prove fault? Do I have to stay married? As long as you have plead for divorce on the ground of insupportability you can still get a divorce even if you do not prove fault. Our office unless instructed otherwise will always include the no-fault ground of divorce of insupportability so that this issue does not arise. MY DIVORCE ISN’T FINAL YET, BUT MY SPOUSE HAS REMARRIED. ISN’T THIS ILLEGAL? WHAT CAN I DO ABOUT IT? By entering into a marriage with one person while still legally married to you, he or she has committed bigamy which is illegal. It is very possible that this event can be used to strengthen your case. We have handled cases where this has occurred. A marriage license to someone else prior to a divorce proceeding is very good evidence of adultery. IF I START DATING SOMEONE BEFORE MY DIVORCE IS FINAL, CAN IT BE USED AGAINST ME? Kingwood Divorce Attorney: In Texas, dating before a divorce can occasionally be used against you. Spending marital money on a lover can give your spouse a reimbursement claim. This means your spouse can ask that you reimburse the marriage for the money you spent on someone else. Your spouse may also have a claim for being award a disproportionate share of the marital property. Dating can also give your spouse ammunition to contest or otherwise postpone your divorce to investigate and do discovery ... Continue Reading
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If you have need a best suitable service your Child Law experience, If you want to win sole custody of your child, read this blog post first with the great process!
Divorce Attorney in Houston: Simply put, there is a presumption in Texas family law that it is in your child’s best interest to have a relationship and continued contact with both of their parents. In order to further this goal of our state, family court judges will name you and your ex-spouse as “joint conservators” of your child more often than not. Joint conservatorship refers to a situation when you and your ex-spouse share rights, duties and time in somewhat equal fashion in relation to your child. While you or your ex-spouse will have the ability to determine the primary residence, receive child support and thereby have more possession of your child, the other rights and duties are basically even in many situations. Again, however, it is the presumption that is in place at the beginning of every child custody case or divorce in Texas that parents should be named as joint managing conservators. In reality this arrangement does not always work best for families and it is sometimes necessary to have one parent be named as the sole managing conservator of a child. Rebutting the presumption in favor of naming parents as joint managing conservators Houston Family Attorney: You will need to present ample evidence that naming you and your ex-spouse or other parent as joint managing conservators of your child. This much we know. I am going to list the factors that your court is likely to look to in order to determine what is in your child’s best interests. The most logical way to do this would be to prove past incidents of domestic and/or family violence. Endangering the physical and emotional welfare of your child will likely mean that the other parent is going to be named a possessory conservator with possibly supervised visitation. The reason for this is that a court is prohibited from naming a person with a history of domestic violence as a joint managing conservator of your child. The evidence must not be merely allegations but credible evidence. As a sole managing conservator, you would have superior rights and duties when it comes to making decisions related to education, medical and psychiatric issues when compared to your ex-spouse. In addition, it is likely that you would be in physical possession of your child more often than you would under a joint managing conservatorship. How will a court evaluate your petition to be named as sole managing conservator? Houston Family Law Attorneys: First of all, you need to petition (ask) the court in your Original Petition for Divorce or Original Petition in Suit Affecting the Parent Child Relationship (SAPCR) to be named as the sole managing conservator of your child. Without doing so you cannot just magically appear in a trial and ask for it then. Go ahead and make sure you ask for this in your Original Petition that is filed with the Court. If you have already filed and not plead for sole managing conservatorship I would recommend that you file an amended petition in order to meet this requirement. A court will view your ability to care for your child as being of primary importance. This isn’t just a roof over their head and food in their bellies, either. This means that you will be judged based on your track record and likelihood of being of able to provide for the physical and emotional well bell of your child. Have you ever presented a threat to your child in terms of their physical or emotional well being? If you are not a stabilizing force in your child’s life it is extremely unlikely that you would be named as the sole managing conservator of your child. Other factors include your ability and willingness to co-parent with your child’s other parent after the divorce or child custody case concludes as well as what your individual parenting skills are. If you have spent most of your child’s life at work this is not a bad thing, or a mark against your “parenting record”. Nobody would begrudge you for supporting your family. However, being away from the house would not assist you in developing and maintaining the sort of parenting skills that are helpful when asking to be named as the sole managing conservator of your child. Family Relationships are important in a divorce or child custody case As an extension of a child’s parents, your and your opposing party’s families are also important to consider if you are going to be able to be named as a sole managing conservator of your child. How close do you live to your child’s extended family will play a big role. If you have moved a few hundred miles from your child and now are asking to be named as a sole managing conservator you are going to have an uphill battle to win that designation. Another very critical factor that a court will consider is whether or not you or your child’s other parent will encourage a strong relationship between your child and both of their parents. If it has been shown that you will belittle and take steps to harm your child’s relationship with the other parent then you will likewise struggle to be named as the sole managing conservator of your child. Abuse and neglect as factors when determining conservatorship Divorce Houston: If either you or your child’s other parent has a history of abusing or neglecting either your child or one another, that too will bar the offender from being named as the sole managing conservator of your child. This is especially true if these acts occurred either during the present case or in the immediate period covering two years prior to this case. Family violence is a huge risk for a child in situations like this and if we consider the well being of your child it is difficult to conceive of a situation where a person with that sort of history could be named as a sole managing conservator of the child. With everything said, what are your chances of being named as the sole managing conservator of your child? The burden to overcome the presumption that it is in the best interest of your child for you and the other parent to be named joint managing conservators is great. The vast majority of the time parents are named as joint managing conservators. When taking into consideration all of the aforementioned factors, the possible history of family/domestic violence as well as the best interests of the child there just is not a lot of opportunity to be successful in a petition for sole managing conservatorship in most cases. However, if you are in a position where the other parent in your child’s life has not been a part of their life or has been violent with you or your child you stand a strong chance to be named as a sole managing conservator. Even if you are not successful in being named as a sole managing conservator, you can present a case to be awarded a disproportionate share of possession of your child if the circumstances allow for that to occur. To give yourself an opportunity to do so, it is important that you have experienced and knowledgeable counsel at your side. Questions about winning sole managing conservatorship? Contact the Law Office of Bryan Fagan Family Lawyers Houston: To learn more about our office and to ask one of our licensed family law attorneys any question you may have regarding sole managing conservatorship please contact our office today. Our attorneys represents clients across southeast Texas and would be honored to do the same for you and your family. A consultation with our office is free of charge and can provide you with the answers you need to make a decision about whether or not to begin a family law case ... Continue Reading If you have need a best suitable service your Child Law experience, Frequently Asked Questions Regarding the Divorce Process with the great process!
If you are considering filing for divorce, it’s a given that you will have questions about the divorce process such as How do I file for divorce? Read on as we answer some of the of our most frequently asked questions regarding the divorce process. WHAT IS A TEXAS DIVORCE? Divorce Lawyers Houston: From a legal standpoint, divorce is the method of terminating a marriage contract between two individuals (the parties). A divorce ends a valid marriage. It is the legal procedure that returns both parties to single status with the ability to remarry. In Texas a divorce takes care of three issues: 1. Children – it gives both spouses the right to determine the future care and conservatorship of their children, 2. Property and Debts – it divides property and debts in a “just and right manner”. 3. Divorce - Once the divorce is final, either is free to marry someone new. WHAT IS A “NO-FAULT DIVORCE? Family Attorney Houston: A majority of states have at least one form of “no-fault” grounds for divorce. Texas is no exception and allows people to plead for divorce on “no-fault” grounds. This means a spouse can file for divorce under the ground that the marriage has become insupportable. What every spouse needs to know when pleading “no-fault” in Texas divorce is that a divorce will be granted without either spouse alleging or having to prove marital fault or guilt. WHAT ARE THE FAULT GROUNDS IN DIVORCE? A divorce in Texas can be granted without having to prove fault. However, it is still possible to plead fault under Section 6 of the Texas Family Code such as: 1. living apart 2. confinement in a mental hospital 3. cruelty 4. Abandonment 5. Conviction of a felony and 6. adultery WHO IS THE PETITIONER IN A DIVORCE IN TEXAS? The petitioner is the term used for the spouse who starts the case by filing an Original Petition for Divorce. WHO IS THE RESPONDENT IN A DIVORCE IN TEXAS? The Petitioner in a divorce is the spouse who starts the case by filing an Original Petition for Divorce. The other spouse is called a Respondent because they can respond to the Original Petition for Divorce by filing an answer. WHAT IS AN ORIGINAL PETITION FOR DIVORCE IN TEXAS? A divorce is started in Texas by filing an Original Petition for Divorce. WHAT IS NOTICE? It is your responsibility as the petitioner to provide notice to your spouse of your having filed for divorce. If you do not provide notice and then show proof to the court of there having been provided notice your divorce cannot proceed. This can delay your case in the short-term. HOW DO I PROVIDE MY SPOUSE NOTICE OF THE DIVORCE? There are multiple ways to serve notice to your spouse of your intent to divorce him or her. These methods include: 1. Process Server – Service of Process 2. Waiver of service 3. Service by publication WHAT IS SERVICE OF PROCESS? Divorce Attorneys in Houston: When a divorce is filed with the courts. In order to proceed with the divorce, the law requires everyone who is a party to the divorce to be notified of the divorce. To comply with Rule 106 of the Texas Rules of Civil Procedure, the Original Petition for Divorce and court citation must be served on the other spouse. This is referred to as “service of process.” WHAT IS A WAIVER OF SERVICE IN TEXAS? It is required under the Texas Family Code requires that a spouse is notified when a divorce case has been opened. One method for doing this is to have them served by a process server. Another method under the Texas Family Code is if they are willing to sign a Waiver of Service. A waiver of service is a document the Respondent spouse signs waiving the requirement for service. By signing the waiver of services, the spouse agrees that it is not necessary to have them served by a process server. WHAT IS SERVICE BY PUBLICATION? Houston Divorce Attorneys: Service by publication is a less common method of service that will need to be approved by the judge after you have shown him or her that multiple attempts at personal service have come up with no results. I approved by a judge may you will be allowed to provide notice to your spouse by publishing a notice in a newspaper or other publication in your area. WHAT IS AN ANSWER? The formal document you draft in response to the Original Petition for Divorce is called an “Answer.” At its most basic an Answer is a response you file with the court letting the court know that you are planning to participate in the divorce process and do not want the court grant a default judgment. WHAT HAPPENS IF THE RESPONDENT DOES NOT RESPOND? If the respondent does not respond to the Petition within the correct amount of time, the petitioner can file a request for default judgment. WHAT IS A DEFAULT DIVORCE? Default divorces are certainly not uncommon in Texas. When no responsive pleading is filed by the other spouse (who was properly served with process under Rule 106 of the Texas Rules of Civil Procedure), the Petitioner may proceed with the divorce by seeking a default judgment. WHAT IS A DIVORCE DECREE? A divorce decree is a final document that the judge signs granting a divorce. A divorce decree will contain all the agreements of the parties and orders of the court with respect to all issues in the case, including child custody and possession, child support, alimony and division of the community estate. WHAT IS AN AGREED FINAL DECREE OF DIVORCE IN TEXAS? An Agreed Final Decree of Divorce is the document that Judge signs ending the divorce and approving the agreements that you and your spouse have made regarding all of the specifics of your divorce. A divorce decree does not have to be an agreed final divorce decree. It could be just a final divorce decree. However, when a decree is agreed upon it is customary to add the word “Agree” in front to indicate to the court that an agreement was reached. WHAT IS THE BASIC DIVORCE PROCESS? Divorce Attorneys Houston: Consultation - A good first step in a divorce case or family law is to schedule and have a consultation with a family law attorney. Filing for Divorce - The next step in the divorce process involves opening a file, drafting the initial paperwork. Service - Once the Original Petition for Divorce has been filed with the Court, the other spouse must be made aware of the divorce action and be brought under the power of the Court. This can be done by either formal or informal service ... Continue Reading If you have need a best suitable service your Child Law experience, Understanding the basics of Child Support in Texas with the great process!
Houston Family Lawyer: The amount of time that you are in possession of your child after a divorce determines whether or not you will be responsible for paying or receiving child support. Should you be named the primary conservator of your child this means that you have the right to determine the primary residence of him or her. With this right your child will live with you and by default give to your ex-spouse visitationrights. Your ex-spouse will become a possessory conservator who will have the right and responsibility to pay child support to you. The reason you will be receiving child support is that by virtue of the fact that your child will be in your possession more often than your spouse, you will shoulder more of the financial burden of caring for your child on a day to day basis. For child support purposes you are known as the custodial parent and your ex-spouse will become the noncustodial parent. HOW IS CHILD SUPPORT CALCULATED? Divorce Lawyer Houston: The amount of child support that your ex-spouse would pay you in our above example is based on a percentage of their net monthly income. The Texas Family Code contains guidelines for child support that will allow you and your ex-spouse to calculate just how much will be owed to you on a monthly basis. Keep in mind that it will need to be determined what exactly your ex-spouse’s net monthly income is so that you have an accurate number, to begin with. Income in Texas for a noncustodial parent means all salary, wages, commissions, bonuses, tips, and overtime earned. Unemployment payments count for income purposes as well as social security benefits and worker’s compensation awards. If your ex-spouse received a home from an inheritance income can be imputed from this source even if the home is not generating any income. A judge could argue that if your particular circumstances merit such as finding, that the home could be sold and the funds utilized to pay child support. This is not common, but it can happen in our state. UNDEREMPLOYMENT OR UNEMPLOYMENT- HOW DO THESE ISSUES FACTOR INTO PAYING CHILD SUPPORT? Houston Divorce: In some situations, parents will under-employ themselves purposefully in order to pay less in child support. I have seen mothers and fathers step back from highly compensated positions at businesses to take lesser positions where they will not be earning as much money. Especially if a job change occurred recently before a divorce or child support modification case, a judge can look back to see what the parent used to earn and use that income rather than their current income to assign a child support obligation. CREDIT RECEIVED FOR BEING FINANCIALLY RESPONSIBLE FOR CHILDREN NOT INVOLVED IN THIS COURT CASE Houston Family Lawyers: It could be that your ex-spouse has responsibility for children that are not yours and are not involved in this particular case. In that type of situation, your ex-spouse would receive credit for these children. Typically a 2.5% credit is assigned per child, up to a limit of five. For example, if your ex-spouse and you have one child together and your ex-spouse is already paying child support for another child, your child support percentage would decrease from 20% of your ex-spouse’s net monthly income to 17.5%. WHAT IF YOUR EX-SPOUSE CHOOSES TO PAY MORE OR LESS THAN THE ORDERED AMOUNT OF CHILD SUPPORT? Houston Family Law Attorney: Another aspect of child support cases that people often have questions about is whether a parent can decide to pay more or less than the ordered amount on a monthly basis. The answer to that question is that while a parent can pay more than their ordered amount of support on a monthly basis it is not allowed under the law for that parent to pay less. This means that if you are the parent who receives child support from an ex-spouse it is not in your best interest to agree to allow him or her to underpay you for any period of time. A court must first approve any change in the child support obligation in a case called a Modification. WHAT IF THE GUIDELINE AMOUNT OF CHILD SUPPORT DOES NOT WORK FOR YOUR FAMILY? Divorce Lawyers in Houston: The guidelines as set forth in the Texas Family Code are just that- guidelines. They have been made into law because it was determined that they are applicable to a wide range of people, but they do not necessarily work equally well for all persons. For example, if your child suffers from a disability that requires medical attention around the clock or will require you to stay at home to care for him or her after age 18, the standard amount of child support will likely be insufficient to provide for your child’s proven needs. If this is the case for you and your child you and your attorney will need to address this issue with the divorce court or if the issue arises subsequent to your initial child support order being introduced a modification suit may need to be filed. You will be able to present evidence of the increased needs of your child in hopes of getting the child support modified. You and your ex-spouse would have an opportunity to settle your case outside of court by negotiating in mediation or on an informal basis. Otherwise, you will both present evidence to a judge to have him or her decide whether or not your circumstances merit an increase in the monthly support level. Factors that a court will consider when deciding whether to deviate from the guideline levels of support include the age and needs of your child, your financial resources, each parent’s ability to support your child, child care expenses, medical expenses as well as the costs associated with travel to allow your child to see each parent. If your circumstances demand a greater or lesser amount of child support it will likely be due to one of the aforementioned factors. WHAT ARE YOUR RESPONSIBILITIES AFTER RECEIVING CHILD SUPPORT FROM YOUR EX-SPOUSE? If you receive child support you have a responsibility to utilize that money for the care and maintenance of your child, whatever the circumstances you find yourself in. For most people, the costs of raising a child are well beyond what the monthly child support figure is. You can look at the child support check as a way to offset your use of your own income to provide monthly for your child. The law in Texas assumes that you spend this money directly on your child. Your “child support” payments are whatever you end up spending on your child for school supplies, food, rent, etc. HEALTH INSURANCE COSTS AND CHILD SUPPORT Either you or your ex-spouse will be responsible for providing your child with health insurance. It is presumed under the law that your ex-spouse will provide health insurance if he or she is also providing child support. This is not necessarily how it always turns out, however. If you are able to provide health insurance more readily or more inexpensively through your employer you could be ordered to do so and your ex-spouse would then be ordered to pay you monthly for the costs of doing so. QUESTIONS ABOUT CHILD SUPPORT IN TEXAS?. CONTACT THE LAW OFFICE OF BRYAN FAGAN Family Lawyer Houston: Having questions about child support is normal, both prior to a divorce and after your divorce has concluded. What you don’t want to do is to act based on an assumption or an incorrectly held belief. To avoid this situation, I recommend you contact the Law Office of Bryan Fagan in order to speak to one of our licensed family law attorneys. We offer free of charge consultations six days a week for potential clients. We can discuss your issues as well as the services we can provide you with as a client of ours ... Continue Reading If you have need a best suitable service your Child Law experience,What methods of payment are available to non custodial parents in Texas? Texas with the great process!
Houston Divorce Lawyer: If you are the non custodial parent of a child in Texas and have the obligation to pay a monthly amount of child support to your child’s custodial parent you may have questions regarding how payments can be sent. After all, the last thing you want to do is send payments that total over a thousand dollars a piece only to find out that the money never made it to your child or were only partially received. Not only is your child suffering due to the lack of child support, but you run the risk of being hit with an enforcement case by the custodial parent for the failure to fully and timely pay child support. Today’s blog post from the Law Office of Bryan Fagan will detail those methods that are approved by the Attorney General of Texas (OAG) as acceptable ways to pay child support. Walk in and cash payments Divorce Lawyer in Houston: If you are a person that prefers to utilize cash-only methods of paying for groceries, household items and other expenses in your life you will probably approve of the following payment methods for child support. First and foremost there is a method called TouchPay which is a self-service kiosk which has machines located throughout Texas. Simple, step by step instructions appear on the screen that can take your payment in a few minutes. You will need to provide the ten digit case number assigned to you by the OAG and the last name of the custodial parent. Debit cards and credit cards are also accepted methods of depositing child support funds, in addition to cash. If sending in checks or money orders via the mail are not something that you are interested in utilizing then Fidelity Express offers a service as an alternative to those two methods. Payments using Fidelity Express are made at participating retail locations using cash. Again, you will need your ten digit OAG cause number to make payments in this manner. The tried and true MoneyGram approach is also an acceptable method of payment for child support in Texas. Major retailers across the state like Walmart and CVS carry money gram capabilities that involve you sending cash via a wire transfer to the custodial parent. You will need your ten digit OAG cause number. The OAG has a code (14681) that you will enter at the location in order to receive credit for issuing payment. Paying child support by phone or using a credit card online Divorce Attorney Houston: If the in person/cash methods aren’t what you had in mind for paying child support you can also take advantage of MoneyGram’s website to make a Visa or Mastercard payment (either debit or credit card methods are acceptable). There are fees associated with this payment method and you will need your OAG cause number if you hadn’t already figured that part out from having read the prior section of this blog post. The other phone/online method that is allowable by the OAG in Texas is a system called Smart e-Pay. Child support payments can be made online through the Smart Child Support website and also by phone at 1-855-853-8286. Discover, MasterCard and Visa credit or debit cards are accepted. This method of payment is relatively new and is designed to help create another, flexible method of paying your child support obligation. Be aware that a transaction fee applies to those payments made by credit card. Your credit card may also charge you a fee to utilize this service so you ought to contact them prior to utilizing Smart. Paying child support by Bank Draft Houston Divorce Lawyers: Smart e-Pay again comes in hand in this area as well. This internet only option will debit your bank account through their secure system at no cost to you. You will not be charged extra to utilize this payment method and that is rare as you have seen through reading this blog post. Another nice attribute of the e-Pay method of payment is that it saves your payment information for quick utilization next month. You can establish a set payment method on a recurring basis which allows for payments to be made automatically from your bank account whenever you would like. Based on what your particular orders mandate you do in terms of frequency of payments this can save you time and hassle. If you are wondering when electronic child support payments actually arrive at the OAG State Disbursement Unit (SDU), the answer is typically within seven business days of the date on which you initiated the debit from your bank account on the Smart e-Pay website. The benefit to you in this area is that you do not lose any time for the post office to deliver your check or cash payment as in other methods of payment. E-pay is instantaneous insofar as the payment is received by the website. From there, the money is sent to the SDU for dispersal. The tried and true payment by mail Family Law Attorney Houston: If these methods seem a little too out there for you, then you may be interested in the tried and true method of child support payment of paying your obligation by mail. Simply mail in your payment by check or money order to the SDU in San Antoino. Their address is State Disbursement Unit (SDU), P.O. Box 659791, San Antonio, TX 78265-9791. The following information will need to be included on your check or money order to ensure it is processed and sent out properly and on time: -Your ten digit case number -Your cause number (look at the top of your child support order for this information) -Your full name -The custodial parent’s full name A check should be made payable to the Office of the Attorney General. Direct payment of child support to the custodial parent Houston Divorce Attorney: I am asked every so often if it is ever ok to just pay your child support obligation to your child’s other parent. It certainly cuts down on some amount of hassle that it takes to look through a blog post like this one and decide the most suitable option for payment. You may also consider that your child will stand to benefit from your payment that much quicker. What’s the harm in paying child support in this manner, you may be asking. Before you consider paying your child support obligation directly to the custodial parent please consider that in doing so you may be violating part of your child support order. Many orders specifically state that direct payment of child support does not county on the official tally of payments made. You’ll notice that it is not an accepted method of payment that I outlined above. Many non custodial parents feel like since the order was put in place he or she has been on better terms with the custodial parent. These better terms have allowed him or her the latitude to make informal, direct payments of child support. The concern that I have is that as soon as something happens where that goodwill disappears, so will any credit you received for making timely and direct payments of child support. Don’t be surprised if after an argument the custodial parent slaps you with an enforcement petition stating that you have not paid child support as ordered by the State of Texas. Questions about the various methods of service available in Texas? Contact the Law Office of Bryan Fagan Even if your child support case is done with you may still have questions about how to plan for the future payments that need to be made. Our office would be honored if you chose to speak to us about these questions. We meet with potential clients six days a week for free of charge consultations. Please contact us today to learn more about your situation and to hear how our attorneys can best assist you with achieving your goals ... Continue Reading If you have need a best suitable service your Child Law experience,The beginnings stages of a Texas child support modification case Texas with the great process!
Family Law Lawyer Houston: In the subsequent months and years from the time you and your child’s other parent established a child support obligation in court it may be that the current monthly child support obligation no longer fits with your particular circumstances. As time has gone on maybe your child has developed a disability that requires care and increased costs for your family. It could be that your ex-spouse’s income has increased substantially. Or, if you are the parent who pays child support, your income could have decreased dramatically leaving you unable to pay the expected amount of child support monthly. Proceeding with a modification after a divorce or initial child custody order is established Kingwood Divorce Attorney: Whether your first time in a family law case was for a divorce or for a Suit Affecting Parent Child Relationship (SAPCR), you had orders regarding child support instituted at that time. You are either expected to pay a certain percentage of your net monthly income in child support or have the right to receive child support on behalf of your child from the other parent. Subsequent to this order, however, modifications or changes are possible in certain circumstances. Today’s blog post from the Law Office of Bryan Fagan will detail the beginning stages of a child support modification case in Texas. While you are able to file a modification case on your own without an attorney representing you, I will be providing a run down of the steps of this sort of case assuming that you have hired an attorney. When are you able to modify a prior order on child support? The Woodlands Divorce Attorney: The current law in Texas is that an order of child support may be modified if you are able to show a judge that there has been a substantial change in circumstances for you, the other parent or one of the children for whom the child support is paid. The alternative for this standard is to determine whether or not after three years from the date of the original order if the amount of child support that you are seeking a modification to varies by $100 or 20% from the original amount on a monthly basis. There are other factors that a court can consider, such as whether or not it has been at least a year since the date the original order was entered and it can be shown that the order causes a severe hardship from an economic perspective on either you, your opposing party or your child. Likewise, if your child has graduated from high school yet still has a need to receive child support this can be addressed as well. The substantial change in circumstances requirement does not necessarily have to be in play to win a modification on these grounds The steps to begin a child support modification case in Texas Spring Divorce Lawyers: I cannot emphasize enough how important it is for you to speak to a family law attorney before filing for a modification of child support. While your reality may be that you are experiencing difficulties on way or another due to the child support you either pay or receive, the fact is that your case may not be as strong as you may think that it is. While I listed a handful of ways to increase or decrease child support it is not an easy thing to do. Judges do not want to go around changing a child support obligation for your child without a very good reason to do so. This could create a situation where your child’s needs may not be met due to financial insecurity for either you or their other parent. Meeting with a family law attorney Divorce Lawyer in Spring TX: When you meet with a family law attorney to discuss your potential case you are essentially taking him or her on a job interview. You are interviewing him or her to see how they relate to you and your family. Does the attorney do a good job of explaining the issues of your case, the law that will come into play as well as the potential outcomes that could arise? Or does the attorney spend a majority of the conversation discussing their fee? I always tell potential clients to look for an attorney with a heart of a teacher rather than a salesman or woman masquerading as an attorney. You will be better off if you do, in my opinion. Do not hold back information in these meetings. Share the full amount of information that you have access to. The attorney will need every bit of information that you can provide in order to give a true analysis of your circumstances. The last thing you want to do is to pay a retainer fee to an attorney and begin a case only to share some information later on that probably should have kept you from filing your case in the first place. Save yourself time and money by coming forward with information to the attorney during your initial consultations. Filing a Petition to Modify Spring TX Divorce Lawyer: If you have determined, with the assistance of an experienced family law attorney, that it is in your best interest to file a child support modification your first step would be to file a Petition to Modify in a Suit Affecting the Parent Child Relationship. (SAPCR). If you have been through a divorce then this document should look pretty familiar to you as it is basically the same as an Original Petition for Divorce. Your attorney will file the document along with any requests for temporary orders in the district court that has jurisdiction over your case. These documents will then need to be served upon the other parent- typically by a private process server. The process server will take the filings along with a document known as a citation to the other parent. At this stage the other parent will have essentially twenty days to file an Answer to your Petition. Mediation will likely be next Unless your situation involves some sort of emergency- rare for a child support modification- it is likely that your case will proceed to mediation next in order to determine whether or not a settlement can be worked out instead of having to proceed through a court. If your case is limited to an attempt to modify child support, I can tell you that it is likely that a settlement will be reached at this stage. While you and the other parent may not agree completely on anything related to child support, with the help of your attorneys it is likely that you both will be able to arrive at a middle ground to conclude your case. Trial or Temporary Orders Hearings Spring Divorce Lawyer: As I stated in the prior paragraph temporary orders hearings are rare for child support cases. You or your other parent need to show that your child’s emotional well being or physical development would be harmed without one. Otherwise, if a settlement cannot be reached a trail would be held where both of you present your cases to a judge and ask him or her to issue a decision. Since this is just an overview of the beginning of a child support modification case I will not get into the nitty-gritty of a trial, but will tell you that you would be well served to at least attempt a settlement with your opposing party in order to involve the cost and uncertainty that a trial regarding child support presents to both parties. Questions about beginning a child support modification case? Contact the Law Office of Bryan Fagan Beginning a family law case means having rock solid, dependable and effective legal representation. You will not find more qualified representatives in all of southeast Texas than the attorneys with the Law Office Bryan Fagan. To schedule a free of charge consultation with one of our licensed family law attorneys please contact us today ... Continue Reading If you have need a best suitable service your Child Law experience, Frequently Asked Questions How Long Does It Take and Other Court Dates? Texas with the great process!
Divorce Houston: Once you are served with the lawsuit (the divorce papers) you have very little time to respond. Under Texas Rules of Civil Procedure 99 The citation states that was served within the divorce will provide the following notice: "You have been sued. You may employ a Texas divorce attorney. If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this citation and petition, a default judgment may be taken against you." It is very important to respond by filing an answer this prevents your spouse from being able to obtain a default judgment. A default Judgment would be judgment in favor of your spouse based on your failure to take action. It basically amounts to a one-sided argument made in front of a judge. Which means the judge will only hear your spouse’s side of the divorce case and rules based on the evidence your spouse provides to the Judge. This is one the first things your divorce lawyer will want to do for you to protect you against. HOW SOON CAN A COURT GRANT A DIVORCE? Family Lawyers Houston: There is a mandatory 60-day waiting period in Texas from the time the divorce is filed until you are eligible to appear in court to finalize your divorce. Under Texas Family Code Section 6.702 a “court may not grant a divorce before the 60th day after the divorce was filed.” By readings this part of the family code you learn two things which are: 1. The 60-day waiting period begins the day a person files for divorce and so 2. This means the 61st day after a divorce petition is filed is the earliest date you can get divorced in Texas. HOW LONG DOES IT TAKE TO GET A DIVORCE? – DIVORCES MAY TAKE LONGER THAN 61 DAYS Family Lawyer in Houston: This depends on the complexity of your case and whether or not your spouse can agree upon terms for your settlement agreement. The traditional answer is, from the date of the filing of an Original Petition for divorce to the time that you get your final judgment of divorce is at least 61 days but often times it may take a year. Many people panic when they hear that particular time frame because they think that it’s just simply too long. But the short answer is, if you and your spouse have definable issues and you can come to the resolution table and make compromises, you really can get the divorce over within just a few months. The process can be completed in as little as 61 days if: 1. you have no issues at all (i.e. no children, no property, no debts) AND 2. you and your spouse are in agreement that there are not issues AND 3. you and your spouse cooperate on everything The process can take longer often times a year or more if: 1. You and your spouse have complex issues AND / OR 2. You and your spouse cannot work out an agreement The reality is that if you do have complex issues that need to be addressed, it does extend the time. So, for instance, if you have business valuations that need to be addressed or custody that is in dispute for your children as far as parenting time and visitation and such, experts need to be employed, then certainly that expands the overall lifetime of a case, and it could, in fact, exceed a year. One of the things I will often say in a consult is that your divorce is as easy as the two of you want to make it and it takes as long as the slowest person in the relationship. CAN THE WAITING PERIOD BE WAIVED? Houston Family Law Lawyer: Under section 6.702 of the Texas Family Code. Those exceptions include: 1. A court may grant an annulment or declare a marriage void 2. If the court finds that respondent has been convicted or received deferred adjudication for an offense involving family violence as defined by section 71.004 against the petitioner or a member of the petitioner’s household or 3. The Petitioner has an active protective order under title 5 or active magistrate’s order for emergency protection under article 17.292, Code of Criminal Procedure. HOW LONG AFTER MY DIVORCE IS FINAL DO I HAVE TO WAIT TO GET REMARRIED? Family Lawyers in Houston: Under 6.801 of the Texas Family Code, a person in Texas is free to marry again 30 days after the judge signs their final divorce order, called a “decree.” It is important to note that: 1. the Judge does not always sign the Decree on the same day that you appear in court. 2. This works the same ways as above meaning do not marry anyone until day 31. EXCEPTIONS TO THE 30-DAY WAITING PERIOD FOR GETTING REMARRIED Family Law Attorneys Houston: Exceptions to this rule include: 1. Divorcing spouses under 6.801(b) may still remarry each other at any time and 2. In certain cases, under section 6.802 of the Texas Family Code, a Judge will waive the 30-day waiting period if good cause shown. This requires filing a motion to request the judge to do so. Examples of why a Judge may grant a waiver of the 30 days waiting period include: 1. The health of one of the parties 2. One of the parties is scheduled to take a permanent duty reassignment in another part of the world WILL BEING PREGNANT DELAY MY DIVORCE? Pregnancy will not affect how you file for divorce or the procedure that you will follow in order to obtain the divorce. However, it will delay the completion of your divorce. A judge in Texas will not allow the divorce to be finalized until the baby is born. HOW DO I KNOW WHEN MY CASE IS SET FOR TRIAL? At some point during your divorce, the court will issue a scheduling order. A scheduling order will inform you of all court deadlines you are expected to follow. It is important that you notify the court and other parties in writing of your current address so that you receive the scheduling order and other notices. WHAT IF MY CASE IS SET FOR TRIAL? If an agreement regarding your divorce cannot be reached between you and your spouse, the court will set your case for trial. Should this happen depending on the court you and your spouse may be ordered to attend mediation prior to the trial date. This is another chance to reach an agreement. If no agreement can be reached, then a trial will be necessary. HOW DO I GET A COURT DATE TO FINALIZE MY DIVORCE? Once your 60 days have passed AND you have in your possession the signed and notarized documents from your spouse, you should call our office to set up a court date. Court dates are generally set up for Friday mornings at 8:30. WHAT HAPPENS WHEN I APPEAR IN COURT TO FINALIZE MY DIVORCE? This hearing is generally known as a “prove up” hearing. Houston Family Law Lawyers: For many people who are going through a divorce, a Prove Up hearing is the only time that you will actually have to step foot in a courtroom and talk to a judge. Most courts in southeast Texas have what is called an uncontested docket in the mornings that is called prior to the array of cases on the contested docket. This means that for a short window beginning sometimes at 8:00 or 8:30, your judge will call cases where there is no opposing party but where some business needs to be taken care of. Your case is one of those cases. You will appear with your attorney and approach the judge when your case is called. The judge will put you under oath and your attorney will ask you a series of questions about the settlement that you and your spouse have reached. Take a deep breath. The answer to most every question your attorney is about to ask you will be, “Yes.” Your attorney will ask you questions about the division of property, child visitation arrangements and child support. Think about the basic portions of your divorce decree. Your attorney will need to ask you questions about those areas to ensure that the judge is made aware that each necessary part was taken into consideration. After the questions are asked by your attorney and answered by you, the judge will review the paperwork and most likely grant your divorce that day. If there are any issues that need to be changed in your decree the judge will state those to your attorney but hear anything from the judge but, “Good luck and thank you” is rare. Your divorce is complete ... Continue Reading If you have need a best suitable service your Child Law experience, The Texas Divorce Process Texas with the great process!
Divorce Lawyers in Houston: What is the Texas divorce process? How do I start my divorce? Get the answers to these and other frequently asked questions about getting divorced in Texas: HOW CAN I SAVE MY MARRIAGE IF MY SPOUSE WANTS A DIVORCE? Family Lawyer Houston: It can be traumatic to go through the process of divorce, especially if one party is not ready to give up on the marriage. You can certainly suggest marriage counseling to your partner. However, if he or she is unwilling to attend counseling and stills files for divorce, you cannot stop the legal process. In Texas, you do not need your spouse’s consent to obtain a divorce. The most you can do is participate in the divorce process to ensure your rights are being protected. At the least, seek a consultation with a family law attorney so that you know what your rights are. Should the two of you can reconcile, the spouse who filed for the divorce can then file a motion to dismiss or nonsuit the case. HOW DO I END MY MARRIAGE PEACEFULLY? Divorce Lawyers Houston: The divorce process can be a terrible time in a person’s life and striving to make this a peaceful period is advisable. Try to focus on not arguing about small issues (i.e., who keeps the microwave?) and instead concentrate on what is best for you and your spouse (and your children, if you have them) to move forward. Concentrating on the negative aspects of your relationship usually only serves to slow the divorce process down and make you miserable. The more you and your spouse can agree upon, the less painful and speedier the process will be. HOW DO I ACTUALLY GET A DIVORCE IN TEXAS? Family Attorney Houston: In order to start the divorce process, your or your spouse must file the Original Petition for Divorce. The Original Petition is then served upon the other spouse by the sheriff, process server, through their attorney or by your spouse acknowledging they were served by another method such as certified mail. It is important to note that sending the divorce paperwork by standard mail is not acceptable service unless your spouse agrees to it and signs a notarized document that this is acceptable to them. Once the documents are served, your spouse has approximately 20 days to respond. If they do not respond, your matter will continue without his or her participation and you will be granted a divorce on a default basis. If your spouse does respond, your matter is now contested, and you will begin the process of gathering information from your spouse, attempting to settle through the court and, possibly building your case for trial. If you and your spouse cannot settle your matter, the court will have a trial and the judge will make all decisions for you. HOW DO I FILE FOR A PRO-SE OR “DO IT YOURSELF” DIVORCE IN TEXAS? Divorce Attorneys in Houston: You can obtain the forms to file for divorce (and all other necessary forms for the process) from a website such as https://texaslawhelp.org/. Remember, the divorce process can be complicated, so strongly consider a consultation with an experienced family law attorney before mistakes are made. Errors in your divorce can cost you more time and money than getting things done correctly the first time. DO I NEED AN ATTORNEY FOR MY DIVORCE? Houston Divorce Attorneys: The short answer is, anyone can go ahead and get a divorce on their own. That means that if they’re representing themselves, they’re called a pro se litigant. And it’s completely understandable, they figure, “You know, let me just take care of this. I know what I want, I know what I expect out of the process and I’m going to get it done timely, I’ll be attentive to my matter.” And they are permitted to go to the court, get certain paperwork and the court staff may even be able to make suggestions on where they can obtain Pro Se paperwork, but the staff is not permitted to give legal advice. Having a do-it-yourself divorce type situation can oftentimes lead to a tremendous number of mistakes, so my suggestion is, just go, get advice, have an initial consultation with a lawyer, a free initial consultation, and then figure out what the right process is for you and how you are best able to handle it going forward. HOW LONG DOES IT TAKE TO GET A DIVORCE IN TEXAS? Divorce Attorneys Houston: The traditional answer is, from the date of the filing of an Original Petition for divorce to the time that you get your final judgment of divorce is at least 61 days but often times it may take a year. Many people panic when they hear that particular time frame because they think that it’s just simply too long. But the short answer is, if you and your spouse have definable issues and you can come to the resolution table and make compromises, you really can get the divorce over within just a few months. But the reality is that if you do have complex issues that need to be addressed, it does extend the time. So, for instance, if you have business valuations that need to be addressed or custody that is in dispute for your children as far as parenting time and visitation and such, experts need to be employed, then certainly that expands the overall lifetime of a case, and it could, in fact, exceed a year. HOW DO I START THE PROCESS FOR A DIVORCE? Divorce Attorney in Houston: Simply put, you begin the process of divorce by filing the Original Petition for Divorce and accompanying documents with the court. From this initial filing, the rest of the process flows. HOW LONG DOES THE DIVORCE PROCESS TAKE? This depends on the complexity of your case and whether or not your spouse can agree upon terms for your settlement agreement. If you have no issues at all (i.e. no children, no property, no debts) then the process can be completed in as little as 61 days. If you have complex issues and cannot work out an agreement with your spouse, your divorce may take up a year or more. NOW THAT WE’VE DECIDED TO DIVORCE, CAN I MAKE MY SPOUSE MOVE OUT OF THE HOUSE? Houston Family Attorney: One of the most common questions I get at the initial consultation with new clients is, “Can I make my spouse leave the house? If I file an Original Petition for divorce, how do I get my spouse out?” Well, the short answer is, you really cannot, not right away, not in the State of Texas. What you need to understand is both of you have a right to stay in the house. It’s the marital home. You have a right of possession and you have a right to continue to occupy that residence during the pendency of your divorce process unless one of you by consent is willing to leave. Now, please understand that your spouse will leave the house if, in fact, there is some type of protective order. That is under a very specific situation if, in fact, there is an abuse situation going on and you have a protective order in effect. WHAT IS THE DISCOVERY PROCESS IN A DIVORCE? Houston Family Law Attorneys: If you and your spouse cannot agree on terms of your divorce, your matter is contested and you will go through a discovery process. That process is the gathering of information from your spouse that you may use as evidence in your divorce matter. This information includes things such as pay stubs, bank account information, property records and/or pension records. The information is gathered through interrogatories (a list of questions that you send to be answered by your spouse), a notice to produce (a document listing the items you want your spouse to provide to you, such as bank information) and possibly depositions. Depositions are when you or your spouse are asked questions in the presence of a court reporter. The person answering the questions is sworn to tell the truth and a written transcript is created which can be used later at trial ... Continue Reading If you have need a best suitable service your Child Law experience, How to Handle Child Support as a Non Custodial Parent Texas with the great process!
Divorce Lawyer Houston: A benefit of being one of the attorneys working at the Law Office of Bryan Fagan is that I have the opportunity to meet with many in our community to talk to them about their problems and to see if our office can help the potential client and their families. What I end up doing in attempting to teach a person something about the law regarding families in Texas, is that I learn as much as I teach. I learn how people struggle with common issues regarding their children, their money, and their lives. I also learn that most people want to do what’s right but for whatever reason- lack of knowledge, lack of financial wherewithal or lack of motivation- he or she is facing a problem that a lawyer’s assistance is needed with. You may be able to count yourself among that big group of your neighbors who has the best of desires but that life has not always dealt a friendly hand. There is nothing wrong with that. Most of us have had to overcome some sort of obstacle or hardship in our lives. With that said, however, taking advantage of an opportunity to learn about an issue that has an impact on your life is crucial to progressing towards becoming the person that you want to be. The area of child support is one of those areas where the issues I discussed above all come together to create bad situations a lot of time. If you are a parent and your child does not primarily reside with you then it is likely that either in a divorce or child custody case you will be asked and eventually ordered by a court to pay child support. Specifically for parents who are not married to their child’s other parent, you may have questions that you need to be answered on this subject. The purpose of today’s blog from the Law Office of Bryan Fagan is to talk to you as a noncustodial parent of your child about establishing paternity in a child support case and then how to set up child support for yourself. All of this process is done through the Office of the Attorney General. It can be unnerving to receive a letter or phone call from the Attorney General that you do not expect. It is my hope that this blog and the ones to follow will put you a bit more at ease on this subject. THE ROLE OF THE OFFICE OF THE ATTORNEY GENERAL IN A CHILD SUPPORT CASE Houston Divorce: Many people (custodial parents especially) assume that the Office of the Attorney General (OAG) represents them in a child support case. This is not true. The OAG represents the State of Texas and not any parent in the case. Keep that in mind as we discuss additional issues surrounding child support cases in Texas. DEFINING A NONCUSTODIAL PARENT I’ve used the term “noncustodial parent” a few times today already so we ought to actually define the term before we get much further into the blog post. If you are the parent of a child and you do not have primary custody of the child you are by definition the non-custodial parent. This does not mean that you do not have any rights to your child, however. Without a doubt, you are one of the two most important people in your child’s life (along with the custodial parent). The State of Texas believes this as well. The custodial parent of your child has the right to determine the primary residence of your child. This means that the other parent can decide with whom your child primarily resides with. This is one of the few rights where the other parent has a superior right to your child when compared to you. On the other hand, you have what is known as visitation rights to your child. This speaks to the public policy in our state that both parents to a child have a right and obligation to build a relationship with their child based on love and trust. This right entails you being able to know where your child is living and to be able to spend time with your child when possible. DO FATHERS HAVE TO BE THE NONCUSTODIAL PARENT Houston Family Lawyers: An outdated and stereotypical view of parenting leads many to believe that only fathers can be noncustodial parents of a child. This resigns men to a fate of paying child support until the child turns 18 and never having an opportunity to have the child reside with him in his residence. This is no longer the complete truth if it truly ever was. The vast majority of noncustodial parents are fathers but there are more mothers acting in that role today than in decades past. The information that we will be discussing today is equally applicable (for the most part) to fathers and mothers. ESSENTIAL INFORMATION TO BE AWARE OF IN REGARD TO PATERNITY AND CHILD SUPPORT 1. Many times in a child support case you will receive documentation from a court notifying you of a future court date regarding the establishment of child support. If you have never been to court or even seen a legal document before then this may come as a shock to you at first. Receiving a court summons does not mean that you did anything wrong or that you are going to face a tough time in front of a nasty judge. It does, however, mean that you ought to go to the court date as stated in your notice of hearing. This is not one of those situations in life where the powers that be will wait for you to appear before making decisions. Quite the contrary, if you were properly notified of a court date the OAG and the other parent are perfectly capable of making decisions regarding subjects important to your life without your ever being able to have any input. Houston Family Law Attorney: For instance, if paternity has not been legally established for a child that is presumed to be yours, you will want to obviously verify that the child is your biological offspring … Continue Reading |
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