Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best of 2024

Simplifying Child Support and Alimony: Tips for Managing Under Texas Laws

Father and his baby Going through a divorce can be an emotionally challenging and complex process. One of the important aspects that must be addressed during this time is the division of assets. In the state of Texas, property division follows the principle of community property. This means that all the assets acquired during the marriage are considered jointly owned by both spouses and will be divided equally unless there is a prenuptial or postnuptial agreement in place. Here are some steps to guide you through the asset division process during a divorce in Texas:

Identify community and separate property

The first step is to identify which assets are considered community property and which are classified as separate property. Community property typically includes assets like the family home, vehicles, bank accounts, retirement funds, and any other assets acquired during the marriage. Separate property, on the other hand, are assets acquired before the marriage, inheritances or gifts received by one spouse, or any personal injury settlements.

Gather financial information

Both spouses must gather and disclose all financial information, including bank statements, tax returns, retirement account statements, property titles, and other relevant documents. This step ensures transparency and helps in determining the value of the assets.

Valuation of assets

An accurate valuation of community property is essential for a fair division of assets. Hiring professionals like appraisers or financial advisors may be necessary to determine the value of real estate properties, businesses, or complex assets. This process is crucial to ensure that both parties receive a fair share.

Negotiation and settlement

After determining the value of the community property, negotiation between the spouses and their attorneys can take place. It is advisable to try and reach a settlement outside of court, as it can save time, costs, and emotional stress. The agreement reached should reflect an equal split of the community assets unless there are factors that require an unequal distribution, such as one party's economic circumstances.

Court intervention

If negotiations fail, the court will intervene and make decisions regarding the division of assets based on a “just and right” standard. This implies that the court will take into consideration several factors, such as the length of the marriage, the earning capacity and financial needs of each spouse, child custody arrangements, and health conditions. The court may deviate from a 50-50 split if it deems it necessary.

Implementation and enforcement

Once a settlement or court order is reached, both parties must implement the asset division plan. This process may involve transferring property titles, changing ownership of bank accounts, and ensuring that each party receives their rightful share. If one spouse fails to comply, the court can enforce the order through various means, including contempt charges.

While divorces are undoubtedly complex, following these steps can help make the asset division process more manageable and minimize conflicts. Consulting with an experienced family law attorney is crucial to ensure that your rights are protected and that you receive a fair share of the assets acquired during the marriage. Remember, divorce can be emotionally challenging, but with proper guidance, you can navigate this difficult time and move forward to a new chapter in your life.

How to Manage Child Support and Alimony Under Texas Divorce Laws

When going through the process of divorce, one of the major concerns for both parties involved is the management of child support and alimony. Under Texas divorce laws, these two issues are handled separately, with specific guidelines in place to ensure fairness and financial stability for all parties involved.

Firstly, let's delve into child support. In Texas, child support is determined based on the Income Shares Model. According to this model, the non-custodial parent is required to provide financial support to the custodial parent to ensure the child's needs are adequately met. The court considers the income of both parents, the custody arrangement, and any additional factors that may affect the child's well-being when determining the child support amount.

To manage child support payments, it is essential to understand the calculation method used in Texas. Generally, the non-custodial parent's net resources, including income, bonuses, commissions, and certain benefits, are taken into account. The court uses a specific percentage of the net resources depending on the number of children involved. For example, if there is one child, the non-custodial parent is expected to pay 20% of their net resources as child support. This percentage increases with the number of children.

To ensure the smooth management of child support, both parties are encouraged to maintain open communication and transparency. The non-custodial parent should provide accurate information about their income and any changes that may affect the child support amount. Similarly, the custodial parent should use the received funds for the child's welfare responsibly.

It is worth mentioning that child support payments can be modified under certain circumstances. The court may consider a modification request if there has been a significant change in circumstances, such as a job loss or a change in custody arrangements. It is crucial to consult with an attorney or seek legal advice to navigate the process and ensure the best outcome for all parties involved.

Moving on to alimony, also known as spousal support or maintenance, it is important to note that it is not automatically awarded in Texas divorces. However, under exceptional circumstances where one spouse lacks enough property to meet their basic needs or has a disability that limits their earning capacity, the court may order alimony.

If alimony is determined to be necessary, the court considers various factors including the duration of the marriage, each spouse's contribution to the marriage, each spouse's financial resources, and the availability of educational and employment opportunities. Unlike child support, there is no fixed formula for calculating alimony in Texas. The amount and duration of alimony are determined on a case-by-case basis, taking into account the specific factors of the marriage and the financial needs of each spouse.

To effectively manage alimony payments, both spouses should be transparent about their financial situations and provide accurate information to the court. The paying spouse should fulfill their financial obligations in a timely manner while the receiving spouse should utilize the alimony received for their financial well-being and, if necessary, take steps to become self-supporting within a reasonable timeframe.

It is important to recognize that child support and alimony should not be seen as punitive measures but rather as provisions to maintain the financial stability and well-being of the affected parties, especially any children involved. It is advisable to consult with legal professionals experienced in Texas divorce laws to understand the specific guidelines and receive appropriate guidance throughout the process.

In conclusion, managing child support and alimony under Texas divorce laws requires understanding the specific guidelines and factors taken into consideration. By maintaining open communication, providing accurate information, and fulfilling financial obligations with responsibility, both parties can navigate this challenging aspect of divorce and ensure the well-being of all individuals involved.

Talk to a Lawyer

An experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today for a free consultation.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.