Can a Court Award Additional Child Support Above Guidelines?

September 22, 2013/in Family Court /by Erik Larson

Judges in Texas family law cases have discretion to award child support in excess of statutory guidelines under certain circumstances. The guidelines apply to obligors with up to $8,550 of monthly net resources.

If a parent who is obligated to pay child support has monthly net resources above $8,550, the court may award additional child support based on the child’s proven needs. These may be either needs that are currently being met or they may be unmet needs.

The court can allocate responsibility for the child’s additional proven needs between the parents. This means that the court may order that either parent or both parents provide the additional child support required. The financial and other circumstances of the parents often play heavily into the court’s determination.

The child’s best interest is the key factor in determining whether additional child support is needed. The parents’ needs are not a consideration for the court. Above-guidelines child support is often requested regarding issues including: nannies or other child care, private school tuition, lessons (music, academic and sports, for example) and other extracurricular activities. The court can also look to a child’s future needs, beyond the current needs of the child, in awarding additional child support.

Some of the factors that may be considered by a Texas court in deciding whether to award above-guidelines child support in a particular case that are provided by the Texas Family Code include:

(1) The child’s age and needs;

(2) Educational expenses beyond high school;

(3) Health insurance and uninsured medical expenses of the child;

(4) Extraordinary educational, health care of other expenses of the parties or the child;

(5) Travel costs to exercise possession of the children;

(6) Child care expenses so that the parents can work outside the home;

(7) The ability of each parent to provide financial support to the children;

(8) Whether a parent receives spousal maintenance (alimony); and

(9) Any other reason that is consistent with and furthers a child’s best interests.

The Texas Family Code also prohibits a court from including the following factors in its determination of whether to award additional child support: any prior voluntary support that was above guidelines; the gender of the parties or the child; and whether either parent is currently married and how much that spouse earns or the spouse’s net monthly resources.

Working with an experienced family law attorney can help you navigate the Texas child support path. Call 713.221.9088 to speak with our lawyers today.

Fault in Texas Divorce Cases

August 20, 2013/in Divorce Law /by Erik Larson

Texas law gives a spouse the ability to use grounds of fault in Texas divorce cases, but a spouse still has the ability to allege no-fault grounds for a divorce. The Texas Family Code provides that no-fault grounds include insupportability of the marriage due to discord or conflict with no reasonable expectation of reconciliation, living apart for at least three years, or if a spouse has been confined to a mental hospital for at least three years. As might be expected, insupportability is the common no-fault ground for divorce.

Until the early 1970s, a spouse had to prove that the other spouse was at fault in Texas divorce actions. Fault grounds include:

1. adultery;

2. abandonment for at least one year with an intent not to return;

3. cruel treatment that renders living together insupportable (intolerable) which applies to both mental or physical cruelty; and

4. a felony conviction.

In the early 1970s Texas the Texas Family Code expanded the grounds on which a court can grant a divorce to include no-fault grounds. The Texas legislature made this change for several reasons, including a desire to decrease the expense of divorce as well as to lessen the emotional turmoil often caused by having to put on evidence in court to prove fault, particularly with the ground of cruelty and adultery.

Even though most of Houston area divorce cases are granted with no-fault grounds, fault in Texas divorce matters is still frequently alleged. The reason for this is that if a party can prove fault in Texas divorce cases to a family court, the judge can take that into consideration when dividing marital property. If a party is found to be at fault for causing the breakup of the marriage, the court has the discretion to award the other spouse a disproportionate share of the community property of the marriage.

Additionally, divorce attorneys in Houston family courts will pursue a finding of fault in Texas divorce actions because the court can consider fault in setting the amount of spousal support payments and the length of time spousal support will last. Contact The Larson Law Office today at 713.221.9088 regarding help with your Houston divorce case.

Texas Divorce Waiting Periods

August 16, 2013/in Divorce Law /by Erik Larson

A frequently asked question by Houstonians about their divorce is “How long do I have to wait to get divorced?” Often, there is a second, follow-up question “How long do I have to wait to re-marry after my divorce is final?” These questions about Texas divorce waiting periods are common.

Waiting Periods to Obtain a Divorce

If one of the spouses has been a Texas resident for at least six months and has been a resident of the county in which that spouse currently lives for at least 90 days, that person is eligible to file for divorce in a Texas family court. It is not necessary that both spouses meet this residency requirement – only one spouse needs to do so.

The Texas Family Code does not require that the marriage took place in Texas in order to file for a Houston divorce. So, if a couple was married in Louisiana and one spouse has lived in Harris County for the past few years, they could obtain a divorce in Texas.

Once the residency requirements are met, the shortest time period to get divorced in Texas is 60 days from the date the petition for divorced is filed. Generally, to get a final decree of divorce entered on the 61^st day after filing the petition, the parties are in agreement on all property and child custody issues and have signed an agreed divorce decree that is presented to the court. The 60 day rule does not apply to actions for annulment or in cases where the marriage is declared void. Rather, this Texas divorce waiting period is a 60 day “cooling off” time for spouses to fully consider whether to dissolve their marriage.

Waiting Period to Remarry

Even after the divorce decree has been signed, the parties are not immediately free to marry another person. The Texas Family Code provides that neither spouse in a divorce can remarry a third party (anyone other than their former spouse involved in the recent divorce) until 31 days after the divorce decree was signed. However, the former spouses can remarry each other at any time – and while this does not occur frequently, it does happen more often than one might think!

Family law courts in Houston and have the ability to waive the 31 day Texas divorce waiting period to remarry so long as “good cause” is shown. An example is a situation where the divorced spouse assumed that the divorce process would not last as long as it did and did not build in enough time between the divorce and the wedding date. In these circumstances, the divorced spouse and his bride-to-be may have spent non-refundable money on a venue for the wedding, catering, etc. In situations like this, the court has discretion to waive the 31 day Texas divorce waiting period to accommodate the remarriage.

To discuss any of these issues, contact one of our Houston divorce lawyers at 713-221-9088.

What is a Parenting Course?

August 8, 2013/in Child Custody Law /by Erik Larson

In a Texas divorce or child custody case, Section 105.009 of the Texas Family Code authorizes a family court judge to order the parties to attend a Parent Education and Stabilization Course. The court can enter such an order either in an original proceeding or in a motion to modify an existing custody order if the Court finds it to be in the best interest of the child.

Additionally, several Houston-area family courts including Fort Bend County, Harris County and Montgomery County have standing orders in place pertaining to whether attending a parenting course is required. These standing orders pertain to whether parties may take an online class or whether they must attend a parenting class in person.

The standing orders also govern whether parties must attend the class together, as well as when the parenting class must be completed and what providers of the parenting course will be accepted by the Court. If there is a history of family violence between the parties, the Court may prohibit the parties from taking the parenting class together. A parenting course must be at least four hours long and cannot exceed twelve hours.

The parenting course must be designed to educate and assist parents regarding the consequences of divorce and child custody disputes on parents and children. The course must include information on the following issues:

(1) the emotional effects of divorce on parents;

(2) the emotional and behavioral reactions to divorce by young children and adolescents;

(3) parenting issues relating to the concerns and needs of children at different development stages;

(4) stress indicators in young children and adolescents;

(5) conflict management;

(6) family stabilization through development of a co-parenting relationship;

(7) the financial responsibilities of parenting;

(8) family violence, spousal abuse, and child abuse and neglect; and

(9) the availability of community services and resources.

At the completion of the parenting class, a certificate is issued to the party participating in the course. A party may be required to file the certificate of completion with the Court.

Houston-area family law courts have wide discretion to take action against a party who fails to attend or complete a court-ordered parenting course including: contempt of court; striking a party’s pleadings; and ordering that no visitation occur until the course is completed or sanctions under Texas Rule of Civil Procedure 215.

To discuss parenting classes or other issues, contact a child custody lawyer in Houston for assistance at 713-221-9088.

How is Texas Child Support Calculated?

August 4, 2013/in Family Court /by Erik Larson

Texas law provides clear guidelines for the award of child support to be paid in child custody matters. Texas child support is generally calculated from a parent’s net (after tax) resources, not gross (pre-tax) resources. For most people, this primarily means their paycheck, which is typically paid by an employer monthly, twice per month, every two weeks or on some other basis. The timetable that applies to how a parent gets paid by the employer generally determines how often the Court will order Texas child support to be paid as well.

Bonuses, deferred compensation and other types of income can also be included into this calculation. For self-employed parents, the calculation of Texas child support increases in complexity as numerous factors are involved, as opposed to a salaried W-2 employee. The salary of the parent obligated to pay child support is not the only element of compensation that a Houston family court can consider.

The Texas child support payments themselves are often ordered to be withheld from the paycheck of the parent paying child support to ensure that the money is timely sent to the Texas Attorney General’s Office for distribution to the parent ordered to receive child support payments.

In determining what a parent’s “net resources” are, there are mandatory deductions that go into this calculation. These deductions include:

Social Security taxes;
Federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
State income tax (if applicable for a non-possessory conservator who lives in a state outside of Texas);
Union dues; and
Expenses for the children’s health insurance coverage.

In a situation where the parent who is obligated to pay child support does not support any children other than the children receiving child support under the order, the following is the general guideline for Texas child support in terms of the percentage of the party’s net resources:

One Child – 20% of Net Resources

Two Children – 25% of Net Resources

Three Children – 30% of Net Resources

Four Children – 35% of Net Resources

Five Children – 40% of Net Resources

Six Children – 40% of Net Resources

Seven Children – 40% of Net Resources

If you have a situation pertaining to Texas child support or a child custody matter in a Houston family law court, contact the attorneys at The Larson Law Office at 713-221-9088.

What Keeps People in Unhappy Marriages?

August 2, 2013/in Child Custody Law, Divorce Law /by Erik Larson

In a recent study, the number one reason that unhappy married couples stay together is that they lack the courage to divorce. It is true that it takes some measure of courage to divorce your spouse and encounter a level of uncertainty about the future. Of the approximately 2,000 married people surveyed in this study, approximately 20% said that they felt trapped in their marriage, but would not consider divorce unless financial stability could be guaranteed. Further, 15% of those surveyed said they wished they would have married someone else and a full 29% said that they would suggest to young people to not get married at all.

One of the lead authors of this study commented that although divorce can be a scary proposition, that staying in an unhappy marriage can be detrimental to both spouses and to the children. Conflict, arguing, and the resulting emotional strain that can result from a toxic marital relationship does not benefit anyone. An alternative to this scenario is a carefully designed child custody parenting plan by parents who, although they may not live under the same roof any longer, can still have loving and involved relationships with their children.

The study found that the other reasons couples put off divorce are:

Potentially regret the decision to divorce.
Hoping that things will improve.
Want to stay together only for the children.
Financial insecurity concerns.
Do not want to sell the family home.
Concerned about loneliness.

Many married couples believe that children are best raised with the entire family under the same roof. But what happens when the marital relationship deteriorates to the point where a spouse is concerned about the emotional and, perhaps, physical well-being of the children by continuing to live in the same house? Of course, these questions involve difficult and highly individualized and emotional issues, but it is ultimately the parents’ responsibility to act in the best interests of their children.

What is a Prenuptial Agreement and is it Enforceable in Court?

July 30, 2013/in Divorce Law /by Erik Larson

Prenuptial agreements or premartial agreements are contracts a couple signs prior to marriage. These agreements can deal with many different kinds of issues such as making sure that separate property assets are preserved as separate property during the marriage. Prenuptial agreements can also be used to prevent the creation of community property during the marriage so that all property earned or purchased during the marriage is separate property. A premarital agreement can also provide for spousal maintenance (alimony) in a divorce. On the other side of that coin, these agreements can be used to block or prevent the payment of spousal maintenance if the couple divorces in the future.

A couple can also enter into this kind of an agreement after they are married. This is called a postnuptial or postmarital agreement. Whether the agreement occurs before or after marriage, they are often referred to generally as marital agreements.

Texas law favors the enforcement of marital agreements. To be enforceable, a marital property agreement must be in writing and signed by both parties.

Marital property agreements are presumed to be enforceable in Texas. The party opposing enforcement of the agreement has the burden of proof to establish that the marital property agreement is not enforceable and to defeat the agreement.

A marital property agreement is not enforceable if the party challenging the agreement proves that:

the party did not sign the agreement voluntarily; or
the agreement was unconscionable when signed. This means that the party challenging the agreement must show that she:

was not provided a fair and reasonable disclosure of the property;
did not waive the right to disclosure; and
did not have adequate knowledge of the property.

Preparing a prenuptial agreement or post-nuptial agreement that will be enforceable in Texas courts is a technical and complicated task and is best accomplished with the guidance of experienced divorce lawyers. Call Diana Larson today at 713.221.9088.

New Study Links Facebook and Divorce

July 6, 2013/in Divorce Law /by Erik Larson

Facebook and divorce have been linked to each other in a new study. Facebook and other social media have fundamentally changed how people create and maintain relationships. However, a new study indicates that Facebook may be harmful to romantic relationships. New research to be published in the Journal of Cyberpsychology, Behavior and Social Networking has found that people with high usage rates of Facebook (defined in the study as checking Facebook accounts approximately every hour) are much more likely to experience “Facebook-related conflict with their romantic partners, which then may cause negative relationship outcomes including emotional and physical cheating, breakup and divorce.

The study’s author noted that previous research has demonstrated that the more a person in a romantic relationship uses Facebook, the more likely that person is to stringently monitor their partner’s Facebook activity, which can lead to jealousy, distrust and arguments about past partners. The study further found that persons with high levels of Facebook usage were more likely to reconnect with past romantic partners, which, the author states “may lead to physical and emotional cheating.”

Although this trend was particularly pronounced in couples who had been together for three years or less, the trend was also found in couples with more established relationships as well. To avoid this conflict, the authors suggest that the use of Facebook be moderated by high frequency users to lower, healthier levels to reduce the likelihood of inflicting damage on the romantic relationship through jealousy, distrust and reconnecting with past romantic partners.

Facebook and other forms of social networking appear to playing a more and more significant role in Texas divorce and child custody cases. In the Harris County courts, Houston divorce lawyers frequently see social media issues arise as evidentiary issues in hearings and trial regarding photographs and statements posted by parties.

Also, as suggested by this new study, social media appears to be also playing a larger role in the driving motivator for parties to file these cases in Houston family law courts such as in cases where a spouse’s extra-marital affair is inadvertently revealed on a social media site. With social media, as in many areas of life, the old saying rings true – don’t post anything on Facebook that you wouldn’t want your mother to see.

Early Divorce Can Affect the Parent-Child Relationship for Many Years

July 1, 2013/2 Comments/in Divorce Law /by Erik Larson

New research suggests that early divorce has a greater impact on the child-parent relationship if the divorce occurs in the first few years of the child’s life. In fact, early divorce in children’s lives can affect their later relationships. A new study published in Personality and Social Psychology Bulletin suggests that very young children who witness their parents’ divorce tend to have more insecure relationships with their parents, even into adulthood, when compared to children who witness their parents’ divorce at an older age. However, regardless of what age the children were when their parents divorced, the study found that people from divorced families were less likely to view their current relationships with their parents as reliable.

Interestingly, early divorce tends to affect some, but not all, of these children’s relationships later in life. Parental divorce tended to predict greater insecurity with people’s relationship with their fathers, rather than their mothers.

The authors explain that a person who has a secure relationship with a parent feels like he or she can trust the parent, is comfortable depending on the parent and is confident that the parent will be psychologically available to that person when needed.

For Texas parents going through a divorce, particularly with very young children, it is critically important for parents to understand how a child understands and perceives a secure relationship with his or her parents. Additionally, divorcing parents should make a conscious effort to develop and build the sense of trust that a child has in each parent so that the child feels that he or she can depend on the parent to be both physically present and psychologically present to support the child.

When parents are structuring child custody arrangements in Houston family law courts, they should both be mindful of the importance of each parent’s relationship with the child and how that relationship can build the child’s trust, security and well-being. After divorce, the continuity of both parents being present in the child’s life will increase the child’s sense of security and trust in their parents as the children will know that they can count on and depend on both Mom and Dad being there and doing what they say will do.