Temporary Spousal Support in Texas

December 14, 2011 By

If you are considering divorce you may be worried about how you will be able to support yourself and your children both during the divorce and afterwards. In the state of Texas, temporary spousal support or alimony is typically awarded if the spouse requesting support is unable to support him or herself and is accustomed to a particular living standard during the marriage. A spouse must demonstrate financial need to the court based on monthly costs for:

• Rent or mortgage
• Automobile payments
• Child expenses
• Utilities
• Groceries
• Other necessary living expenses

The court often awards temporary spousal support while the divorce is pending. However, once the divorce is final the court determines support awards based upon several factors including:

• The length of the marriage
• Income
• Education
• Earning capacity
• Mental and physical health of both spouses

Spousal support, post divorce may be awarded as lump sum payment, gifting of a property such as a house or other real estate, or ongoing monthly payments.

Maintenance is defined in the Texas Family Code as an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.

While issues of spousal support can be complex, the purpose of the support is to act as temporary solution for the spouse who hasn’t the ability to be self-supporting and whose assets cannot reasonably provide for the minimums needs of the spouse.

Get your spousal support questions answered

If spousal support is a factor in your divorce, it is important to have an experienced Texas divorce lawyer who can ensure you obtain the support you deserve. Contact the Law Offices of Milissa C. Barrick online or call 940-723-9300 to schedule a consultation to discuss your spousal support matter today.

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Texas Prenuptial Agreements

November 23, 2011 By

A Texas prenuptial is an agreement between two persons contemplating marriage. The purpose of the prenuptial is to settle financial matters in advance, in the event of death or divorce—although non – financial matters may also be included. All 50 states and the District of Columbia recognize prenuptial agreements regardless of whether the state is a community property state or an equitable distribution state.

In drawing up a prenuptial you should apply three rules:

• Full and fair disclosure
• Separate and independent counsel
• Sufficient lead – time before the wedding

What to include in your prenuptial

The key issues that should be included in a prenuptial are:

• All assets, liabilities, income, gifts and inheritances.
• How premarital debts shall be paid.
• The disposition of your premarital property in the event of death or divorce.
• Which party shall own the marital home and other homes in the event of death or divorce.
• The status of gifts, inheritances, and trusts of either spouse.
• The disposition of individually and jointly owned property.
• The determination of spousal and child support (where applicable).
• Benefits for the surviving spouse in the event of death.
• Medical, disability, and life insurance coverage.

Contact a Texas prenuptial attorney today

Although some people are concerned about entering into prenuptial agreements for numerous reasons, it is important to understand that a prenuptial can help start a marriage off on the right foot. By knowing what each partner expects and establishing strong agreements from the beginning you give your marriage a better chance of success. An experienced Texas family law attorney can help you develop a prenuptial agreement that is tailored to your unique needs. Contact us online or call 940-723-9300 to schedule a consultation.

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Texas Child Support Rights

November 10, 2011 By

In a divorce, parents are often concerned with their rights, however when it comes to child support that right belongs to your child. Texas law states that parents are legally responsible to financially support their children regardless of other circumstances. And a parent may not reduce or ignore his or her obligation to support their children. Since a child is not capable of enforcing payment of financial support, the parent with primary physical custody is responsible to enforce it.

Typically child support is awarded to the custodial parent in Texas. Because of the contentious nature of divorce the non-custodial parent may feel that support awards are meant as a punishment or judgment—but in fact it is not. Child support is meant to ensure your children have necessary financial support and that both parents share in the financial responsibilities of raising your children.

The amount that a non – custodial parent pays in child support is generally established according to the Texas child support guidelines and is calculated based upon numerous factors.

If your circumstances or those of your ex spouse have changed substantially, you may be able to obtain a modification of the support order. Such circumstances may include:

• Substantial change of financial circumstances of either parent
• A serious illness of either parent
• Large medical expenses
• Special education needs

An experienced Texas child custody lawyer can advise you about the best approach to obtain a child support modification.

Protecting your child’s right to financial support

Texas child custody law has at its core the best interests of your child. Divorce is difficult and often stressful but your children should not have to suffer because of it. For answers to your questions about Texas child support, contact us online or call 940-723-9300 to schedule a consultation today.

Filed Under: child custody, child support, Custody Disputes, divorce, Family Law Tagged With: , , , , , , , , , , , , , , , ,

Legal Separation in Texas

October 24, 2011 By

In the state of Texas there is no such status as legal separation. However, it is possible to work out an informal separation where the parties can have some time apart, go to counseling, and/or just cool off. Sometimes after an informal separation the parties can work out their differences and put their marriage back together.

Whether your separation is a preamble to a divorce or an attempt to cool off, it may be prudent to enter into a marital separation agreement. A marital separation agreement is a written contract between you and your spouse that spells out your rights and addresses the issues such as:

• Property division
• Spousal and child support
• Child custody

Your separation agreement should also stipulate whether it is temporary or is to be incorporated into your divorce judgment. By having a marital separation agreement you can simplify your divorce proceedings and demonstrate to the court that your divorce is uncontested. You may draw up a marital separation agreement before or after your divorce filing and you are not required to file it with the court for it to take effect. But, once you have filed your separation agreement with the court it becomes a binding legal agreement.

Once you have filed the separation agreement with the court you must live separate and apart according to the terms of your agreement for at least one year. After the one-year period you may file for an uncontested divorce and may use the terms outlined in the separation agreement for your divorce.

Talk to an experienced Texas separation attorney

Although Texas does not have formal legal separation, couples seeking a divorce do have separation options. An experienced Texas separation attorney can draw up a marital separation agreement that can benefit both spouses. Contact us online or call 940-723-9300 to schedule a consultation.

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Obtaining Child Custody Rights in Texas

October 10, 2011 By

Because Texas law presumes that a child will benefit most from a secure and meaningful relationship with both parents, it is usually possible to get a court to recognize and protect a parent’s right of child custody, whether the parents are separated, divorced or never married. Non-parents with an established relationship with the child can also sometimes obtain custody, usually when the parent with primary physical custody cannot provide a safe or stable home for the child.

When a parent or other interested person needs to adjust the custodial arrangements currently in effect for a child, it is necessary to file a family court petition to commence an action known as a Suit Affecting the Parent-Child Relationship, or SAPCR. Most commonly, the SAPCR will determine disputes as to which of two biological parents will better serve as the primary custodial parent for the child, but it can also address details of each parent’s performance under a joint managing conservatorship, the Texas term for what’s known in other states as shared custody.

Understanding the Distinction Between Physical and Legal Custody

Physical and legal custody are two different issues in a child custody dispute. Physical custody concerns questions as to the child’s primary residence, how much time the child will spend with the parent without primary physical custody, and similar issues. Legal custody has to do with the parents’ respective authority for making important decisions concerning the child’s welfare and upbringing, including:

  • Education
  • Religious training
  • Important social and recreational activities
  • Medical treatment, including counseling or psychiatric care
  • Discipline

While parents are expected to cooperate in the most important decisions affecting their children, this is not always possible or realistic. An experienced family law attorney can advise you about what’s involved in seeking a court’s approval for adjustments in physical or legal custody through the SAPCR procedure.

The parent seeking a significant change in custody needs to be prepared to show how the proposed change will be in the child’s best interests, and will often need to demonstrate as well that the current custody arrangements have a damaging impact on the child.

Call Milissa Barrick in Wichita Falls for a Lawyer’s Advice About SAPCR

The Law Offices of Milissa C. Barrick, P.C., advises parents and others on either side of a child custody or conservatorship dispute, and we can guide you through the legal and evidentiary considerations involved in a SAPCR action. Contact our office in Wichita Falls for to learn more about our North Texas family law practice.

Filed Under: child custody, Custody Disputes, Family Law Tagged With: , , , , , , , ,

Understanding Child Custody in Texas Divorce

September 26, 2011 By

The Texas term for child custody is conservatorship, which comes in several different forms: joint managing conservatorship, where the parents have approximately equal time with the children and an equal say in the important decisions that affect their interests; sole managing conservatorship, where one parent is responsible for the decisions associated with legal custody; and possessory conservatorship, which defines the rights of the noncustodial parent when the other parent is a sole managing conservator.

In a divorce, parents are encouraged to agree between themselves as to the details of their access to the children from residential arrangements to parental decisionmaking. As long as parents can express these details in an agreement, they do not need to be concerned about unsatisfactory terms in a court order. If a comprehensive parenting plan is difficult to work out, however, or if it is impossible to compromise on essential points, the matter will need to be taken to mediation or court for resolution.

Mediation and Litigation of Child Custody Disputes

Many Texas family courts require divorcing spouses to seek mediation of child custody disputes before they will be scheduled for a court hearing. An experienced family lawyer can help you get the most out of the opportunity to achieve a satisfactory result through mediation. While a mediator will not force the parties into a settlement, he or she can often help clarify the issues and identify areas of common ground between the disputing parents.

Courts asked to resolve child custody disputes will do so with the best interests of the children involved foremost in mind. When parental fitness issues figure into the dispute, as when one parent or both has a chemical dependency problem or history of violence, the court might well decide for sole managing conservatorship with closely supervised visitation on the part of the other parent.

Call Wichita Falls Child Custody Lawyer Milissa Barrick at 940-723-9300

Every family’s situation is different, and it makes sense to work with a divorce lawyer who will take the time to get to know you and your situation in detail. Child custody disputes in Texas divorce are very sensitive to the specific facts of each case. Contact Wichita Falls family law attorney Milissa Barrick.

Filed Under: child custody, Custody Disputes, Family Law Tagged With: , , , , , , ,

Using Prenuptial Agreements to Define Community Property Rights

September 9, 2011 By

A prenuptial agreement ore premarital agreement is a contract prior to marriage between people who want to vary the operation of the Texas Family Code on the property issues that would need to be resolved in the event of a divorce.

Prenuptial agreements are used most commonly when the parties have a definite inequality in assets, income, inheritance prospects or other financial characteristics. They are also used when there is a significant age gap between the prospective spouses, or when one or both has previously married or has children from a prior marriage or relationship.

Prenuptial Agreements Can Achieve Specific Asset Protection Goals

The main point of a prenuptial or premarital agreement is to define each spouse’s right to particular property, regardless of its character as community property otherwise subject to division. It can address matters such as payments made by one party toward another’s mortgage payment or student loans before marriage, and the agreement can even specify alimony terms intended to operate in place of Texas law on spousal support or maintenance issues.

Premarital agreements will not be effective to reduce or waive either parent’s child support rights or obligations. These rights are regarded as belonging to the child and cannot be bargained away in an agreement between the parents.

To be enforceable, a prenuptial agreement needs to be substantially fair both at the time it was signed and at the time of divorce. It must be based on full disclosure of each party’s financial circumstances, and the person asked to sign it needs to have a fair chance for independent advice from his or her own lawyer.

Call 940-723-9300 for an Attorney’s Advice About Prenuptial Agreements

For additional information about the ways people contemplating marriage can benefit from the careful negotiation, preparation and review of a prenuptial agreement, contact the Law Offices of Milissa C. Barrick, P.C., in Wichita Falls at (940) 723-9300.

Filed Under: divorce, Family Law, prenuptial agreement Tagged With: , , , , , , , , , ,

Understanding Child Support Rights Under Texas Law

August 25, 2011 By

The first thing to understand about child support is that it’s a right belonging to the child, not the parent. Texas law therefore limits the ability of parents in or out of divorce to reduce or waive the obligation of parents to support their children. Children cannot enforce their right to financial support, however, so it is up to the parent with primary physical custody to collect it.

The Texas child support guidelines provide a formula for determining the amount of child support in a given case. The parent expected to pay support is known as the obligor, whose obligation is a function of several factors: the obligor’s net resources (or adjusted monthly income), the number of children to be supported, and health insurance expenses.

Depending on the number of children to be supported, the obligor can expect to pay from 20 to 35 percent of net resources toward child support. This amount is usually withheld from the paycheck and paid directly to the parent with primary physical custody.

The Child Support Guidelines Will Not Cover All Cases

Although the guidelines formula is easy enough to apply in most cases, there are times when there might be legitimate dispute as to how much child support will be appropriate in a given case. For example, the parent expecting to receive child support might believe that the other parent (for example, a self-employed contractor or a small business owner) might be understating income. The prospective obligor might have upcoming medical needs that will reduce income for a period of time, or might have other children to support.

An experienced family law attorney can advise either parent about the best ways to deal with complications concerning a child support obligation both in divorce and after determination of paternity. Child support obligations also need to be revisited when a substantial change of circumstances, such as loss of a job or a significant promotion, changes the obligor’s ability to pay in one direction or the other.

Questions About Child Support? Call 940-723-9300 in Wichita Falls

For additional information about determining, enforcing or modifying child support rights in North Texas, contact the Law Offices of Milissa C. Barrick, P.C., in Wichita Falls. You can find out more about her family law practice by visiting her website at www.milissabarrick.com.

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Understanding Child Custody Law in Texas

August 12, 2011 By

Texas law applies its own terminology to child custody issues. Rather than speaking in terms of custody and visitation, our Family Code uses the terms conservatorship and access to the child. Apart from those distinctions, we also use the judicial process known as Suit Affecting the Parent-Child Relationship, or SAPCR, to resolve issues that cannot otherwise be settled by agreement.

Joint and Sole Conservatorship of Children in Texas Divorce

Joint managing conservatorship is the default arrangement for child custody in Texas divorce. This essentially means that the parties share responsibility for the child’s residential arrangements and the important decisions of education, religious training, medical treatment and other aspects of the parental role. The parents themselves are expected to work out the details of custody, visitation and key decisions in a parenting plan developed by themselves and presented to the court for approval.

Because Texas law presumes that the child’s best interests require a substantial relationship with both parents, joint managing conservatorship will be ordered unless a parent can prove that sole managing conservatorship would better serve the needs of the child. This showing is usually based on such parental fitness problems as alcohol or drug abuse, domestic assault, criminal history or mental illness.

The parent against whom sole managing conservatorship is ordered can still enjoy regular visitation as a possessory conservator, but the court can impose conditions on visitation based on the nature and extent of the possessory conservator’s parental fitness problems.

Call 940-723-9300 for a Lawyer’s Advice About Texas Child Custody

The advice of an experienced Texas family law attorney is usually helpful for protecting the interests of a parent who cannot expect to receive a grant of joint possessory conservatorship, or a parent who needs to prove that the other parent cannot live up to the responsibilities of joint conservatorship.

A lawyer’s advice will also help present the case for or against modifying the terms of current custody arrangements, especially in situations when the parent with primary physical custody proposes a move with the child to another city or state.

For more information about conservatorship and access to children under the Texas Family Code, contact the Law Offices of Milissa C. Barrick in Wichita Falls. You can learn more about her divorce and family law practice by visiting her website, www.milissabarrick.com.

Filed Under: Custody Disputes, divorce, Family Law Tagged With: , , , , , , ,

Can You File for Legal Separation in Texas?

July 28, 2011 By

Unlike most other states, Texas does not recognize the status of legal separation — you’re married until you’re divorced. Nevertheless, many people choose to live apart for a period of months or even years before filing for divorce, and sometimes they find there are advantages to living in separate households without ever filing for divorce.

Because Texas law offers no specific procedure for defining rights and responsibilities during a period of separation, people who need to consider living apart as either a prelude or an alternative to divorce should work with an experienced family law attorney. You will understand the limitations of separation, but you will also learn about the most effective ways to work around them.

The absence of legal recognition for separation in Texas means that you will not have the ability to obtain the temporary orders that define each spouse’s rights and responsibilities in the earliest stages of a divorce. These cover child support, spousal support, living expenses, child custody and visitation, health insurance coverage and other basics that need to be covered while the final terms of the divorce are worked out through negotiation or trial.

Negotiating the Terms of Your Separation

Even though you cannot obtain court orders to define the terms of your separation, you can negotiate them with your spouse. An experienced Texas divorce lawyer can help you identify the issues that you should formalize in a separation agreement so that your interests can be protected through contract, if not through family law. The agreements reached in a negotiated separation can also form the foundation for a comprehensive divorce settlement if either spouse later decides to file for divorce.

Texas law provides one alternative that can help make a separation stand up: the partition agreement. This effectively redefines property acquired during the marriage from community property to separate property.
An agreement for the partition of community property can serve many purposes unrelated to separation or divorce, but for people choosing to live apart, a partition agreement can protect your property interests by defining each spouse’s assets and liabilities in clear terms.

Call Milissa Barrick in Wichita Falls for a Lawyer’s Advice About Separation

For more information about the legal and practical aspects of separation in Texas, contact an experienced divorce attorney at the Law Offices of Milissa C. Barrick in Wichita Falls.

Filed Under: divorce, Family Law Tagged With: ,
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