FAMILY LAW ARTICLES
FACTORS TO CONSIDER ABOUT DIVORCE IN TEXAS
Every state in the United States has its own specific laws that govern divorce. Living in Texas, you should be aware of how these laws affect you in the event divorce is being considered. Here are five important factors you should understand prior to beginning divorce proceedings.
1. Who Can File Divorce in Texas
A party must reside in Texas for at least six months and in the county where the party files in 90 days prior to filing for a divorce. It is not necessary for both parties to want to end the marriage for divorce proceedings to tak plaace, as long as the party filing states that the marriage is insupportable or has other grounds for ending the marriage.
2. Property Divsion
Texas is a community property state, which means that all property and debt acquired during the marriage is community property and community debt. However, any property inherited or gifted to one party is considered separate property.
3. Child Support
The party that is the non-custodial parent is generally ordered to pay child support to the custodial parent. The court determines child support based on 1) the number of children before the court 2) the number of children the non-custodial parent is ordered to support that do not reside with him or her and 3) the net income or earnings up to $7500.00 a month.
Parents are encouraged to work out visitation arrangements on their own, but if a mutual arrangement is not possible, the court will defer to a standard possession order. The standard is the best interest of the children. Keeping in line with the best interest of the children, the courts generally order that both parties have joint custody.
Every divorce case is unique. Please call us today to schedule an appointment to discuss your particular situation.
AUTHOR- C.L. SWISHER, ATTORNEY AT LAW
Paternity Fraud and the New Law In Texas
Senate Bill 785 passed on May 12, 2011 establishing recourse for fathers in Texas who have been mistakenly or
fraudulently identified as the father of a child and required to pay child support for a child or children for which they are not the biological father.
With the new law in place, a man can request genetic testing to determine if a child is his if not was required before the origianl paternity was established. If genetic testing proves the man is not the child's true father, future child support payments will be terminated. However,the back child support is not affected.
The Clock is Ticking
An important stipulation in the law requires every man who has reason to believe he has been unjustly declared as a child's father to file a challenge by September 1, 2012. After that date, there is a 1 year time limit from the day the man suspects he is not the biological father to file a challenge.
If you have reason to believe you are not the biological father, call to schedule an appointment immediately.
Author --CL Swisher, Attorney at Law