Texas Divorce Answers - Lucio, LaFleur & Associates
• I’m afraid of my spouse. What do
I do if I think he/she will become violent?
If you believe you are in immediate danger or if you
believe there is an emergency, call 911
immediately for assistance. If your situation is not an
immediate emergency, but you feel that based on the fact
that your spouse has been violent or threatened to be
violent with you or your children in the past and you think
that family violence is likely to occur in the future, you
should immediately consult a family and divorce attorney.
It is possible that you may obtain a protective order for
yourself and your children. If your situation warrants it,
you may be able to get an emergency order from the court
without your spouse’s attendance at the
hearing, the same day that you consult with an attorney. If
this is the case, your attorney will likely take your legal
documents to the court and attempt to get the court to
issue a temporary protective order lasting up to 20 days,
that will order that your spouse cannot come within 200
feet of you or your children, or both. If your spouse
attempts to violate the order, he/she will be arrested on
the spot. A hearing that will allow testimony from both
parties will be set within the 20 days, to determine if the
protective order should continue. If you have been served
with a temporary protective order, requiring that you
maintain distance and refrain from seeing your children
until a set hearing date, please follow the court order.
Following the court order is not evidence of your guilt. If
your spouse obtained the order by lying to the court, it
will usually be quickly exposed to the court at the
hearing. Your chance to defend yourself will be at the
hearing. You MUST follow the order until you hear
otherwise. Your chance to be heard will be at the
protective order hearing. It may seem very unfair, but
judges are stuck when they are presented with evidence from
a spouse who expresses concern of violence, so if they make
an order, it will be temporary, only lasting until the
protective order hearing, unless the judge extends the
protective order at the hearing, based on credible evidence
warranting the continuance of the protective order in
effort to protect the spouse or the children. If you feel
that you may need relief in the form of a protective order,
or you need representation because you have been served
with a protective order against you, experienced Dallas
family attorneys at Lucio, LaFleur & Associates are
available to assist you and are available for a consultation
at our Dallas/Collin county location or our Tarrant county
location. Please call (972) 664-1511 for further
information on making an appointment for a consultation.
• I don’t want a divorce yet. Can
I get a legal separation first?
Texas has no “legal separation.” Either
you are legally married or legally unmarried. If you leave
your spouse and do not obtain a divorce, but move away or
carry on your life, living apart from your spouse,
regardless of how long you stay away, if you
don’t divorce, you are still married to
that spouse. This means that your spouse may incur debt and
you could possibly be at risk for being half liable for it,
or on the other hand, you may acquire significant assets
after you leave and your spouse can come back and claim an
interest in those items. If you need protection from either
of those issues, or other potential consequences, you must
obtain a divorce. Lucio, LaFleur & Associates offices in
both Dallas and Tarrant counties to conveniently serve you.
Call (972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
• I want to get a divorce.
Should I do anything to prepare?
Divorce can be a difficult process both financially and
emotionally. If you have children, you will have to realize
that co-parenting will become a part of your life. This is
a tough adjustment for any parent who is used to having
your children live with you full time. There are many good
books out there with helpful advice for divorcing parents.
I have heard good reviews for, What About the
Kids?:Raising your Children Before, During and After Your
Divorce by Judith
Wallerstein. Additionally, if
you plan to ask the court that you be named the primary
custodian of the children, it is important that you
don’t leave your spouse and the children
to live somewhere else before you file for divorce and
consult with an attorney. If you don’t
have access to any money because you are unable to gain
access to financial accounts, you should start looking for
resources to help you get started with an attorney. Many
people don’t have the required fees to
start a divorce suit, but most attorneys will require a
down payment of $1,500-$5,000 to begin your case and many
times your attorney will set a hearing to request
attorney’s fees for you from your
spouse. If your spouse has a job that pays enough wages to
hire an attorney, many judges will order that the earning
spouse help pay your attorney’s fees.
Other common resources for down payments are: relatives,
payroll advances, credit cards and loans from retirement
accounts (401ks). If you believe you may divorce in the
future, you can call our offices and make an appointment to
discuss your case specifically with one of our family
lawyers conveniently located in both in Dallas county, in
Richardson, TX, on the access road to central expressway
(Hwy 75) and in Tarrant county, Fort Worth, TX.
—Also see “
Will my spouse have to pay
my attorney’s fees if I don’t have any
income?”
• What are the grounds for
divorce?
Texas allows “no fault” divorces. If you
are seeking a “no fault” divorce, you will
file under the legal theory of “insupportability.
” There are other “fault” grounds
you can file under as well. Examples are: adultery,
cruelty, abandonment.
• What does a “no
fault” divorce mean?
If you are contending that there was “no fault
” on either party for the resulting divorce, you
are essentially saying that neither party is ultimately
to blame. A “no fault” divorce would
generally award each party an equal split of property,
money and debts. However, spousal support may still be
awarded in a “no fault” divorce. If you want
to have a “fault” divorce, you may want to
claim a “disproportionate amount” of the
community property, meaning that you could make a claim
for more than 50% of the property because of the other
spouse’s fault for the breakup.
• What does it mean to
“file” for divorce?
In Texas, a party who wishes to be divorced must file an
“Original Petition for
Divorce.” This is a legal document that
basically lets the courts know that you are intending to be
divorced and that you will be proceeding with a divorce
suit. The document names the parties, the grounds for
divorcing and other basic information. Generally your
attorney will draft the Original Petition for Divorce for
you and file the document. There is a filing fee that must
be paid at the time of filing. This fee is paid to the
county. It varies from county to county and is generally
$250-$300. Once your Original Petition for Divorce is
filed, you case is open. You will need to have a copy of
the filed petition served on your spouse in order to
proceed. Once you have filed for divorce, Texas law
requires a 60 day waiting period before you can finalize
your divorce. Lucio, LaFleur & Associates has offices in both
Dallas and Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
• How much does a divorce cost?
Divorce costs vary. The average divorce in America is
approximately $8,000 per side. However, many factors can
change this to be either less or more expensive. In
general, the more agreements that can be made, the less
expensive it will be. The more hearings and contentions
that exists, the more expensive it will be. You will most
likely pay your attorney an hourly fee. In the Dallas and
Fort Worth areas, attorney’s fees range
from approximately $200 per hour to $800 per hour. The
average Dallas Divorce attorney’s fees
are $200-$300 per hour. It is difficult to predict with
certainty how much your divorce will cost. However, if you
and your spouse are going to both fight to be the
“primary conservator,” you
can bet that your divorce will get expensive. If you have
no children and no property and your spouse is going to
sign and agree with the divorce, you divorce may be a
“flat fee” and be quite
affordable. When I consult with my clients, many times we
“do the math” before we
decide to pursue contested issues, especially concerning
property or money disputes. For instance, if you and your
spouse both want the $2,000 vase, and Wife says,
“I want it because I believe it is
mine,” and Husband says, “No
way is she getting it, I picked it out, so
let’s go to court over it,”
I will discourage Husband from fighting this battle.
Husband may wind up paying me far more than $2,000 to go to
trial over a vase that costs $2,000. Sometimes you have to
humble yourself if going to court is going to cost more
than the value of the items you are fighting over.
Lucio, LaFleur & Associates has offices in both Dallas and Tarrant
counties to conveniently serve you. Call (972) 664-1511 to
make an appointment for a consultation with an attorney who
practices exclusively family and divorce law.
• Can I do my divorce myself to
save money?
You can always try! I understand you can also
give birth to your baby at home to save money! Is it
recommended? Probably NEVER. It could work out or it could
have devastating consequences that you never imagined. When
it comes to health care and legal assistance, a bargain
should not be the goal. As parents we go to extravagant
lengths to protect them, get them into good schools and
make sure they are happy. A poorly written divorce decree
threatens all of the above. If you have children, doing
your own divorce is a very risky task. A small phrase
buried in crowded language could have the effect of losing
possession time with your child, over paying child support,
or allowing the primary conservator to move out of state
with your children. Additionally, if you leave out
important language, you could have significant problems as
well. If you need assistance with your divorce, contact an
experienced Dallas Divorce Attorney to handle your divorce
in Dallas, Collin, Denton or Tarrant County. We have
convenient locations in both Richardson and Fort Worth.
—Also see “
How can I get
an “online divorce?””
• How can I get an “online
divorce?”
You can certainly order forms designed
to do a “do it yourself”
divorce, online, but you CAN NOT do a divorce
“online.” There is NO ONLINE
DIVORCE. There are numerous sites offering forms and
advice, all promising to save you money. I caution all you
bargain hunters. It may not be a bargain. I will give you
an example from an actual client. The client came in and
had considered ordering forms and was still considering
ordering forms to do his own divorce. He said he was only
consulting with me to see if he was going about the divorce
correctly. When I looked at his forms that he had carefully
and stressfully put together, with the aid of his wife, a
neighbor and his own research at the law library of a
notable, local law school, I assured him he was not saving
money. My fee for his particular situation would have been
$2,500 from start to finish, all fees included. I first
noticed that he had miscalculated his child support and
failed to deduct from his earnings certain items that were
qualified to be deducted. By his child support
miscalculations he was set to over-pay child support by
$120 per month. So for starters, he was overpaying child
support in the amount of $1,440 a year. If he
didn’t modify child support for 3 years,
he would have over paid child support in the amount of
$4,230. Additionally, he had failed to make provisions for
the incoming tax return and failed to have the house deed
changed to his name after the wife awarded him the house.
These mistakes would have cost him a few thousand more
associated with the tax return, and his wife would have
legally owned the house that he paid for, 17 years later.
It is these types of mistakes that a divorce attorney can
spot and prevent, ultimately saving you thousands rather
than only costing you a couple thousand.
• How long will it
take to get my divorce?
At least 60 days. The state of
Texas requires that an original petition for divorce be on
file for a minimum of 60 days before a divorce can be
finalized. Generally, if your divorce and property
division, etc is going to be agreed, and the final decree
of divorce is drafted and signed, you can probably be
divorce shortly after the required 60 days. If your divorce
is contested, it is difficult to say how long it will take.
However, typically a divorce might take 4 to 8 months if
contested. If you have a contested divorce, experienced
attorneys at Lucio, LaFleur & Associates will be glad to consult with
you regarding your Dallas, Collin, Denton or Tarrant County
divorce. Feel free to call (972) 664-1511 to set up a
consultation with an aggressive family lawyer.
• Will my spouse have to pay
my attorney’s fees if I don’t have any
income?
If you don’t have income or access to
cash or bank accounts, your attorney can set a hearing to
request that the court order your spouse to pay your
attorney’s fees. Remember, in Texas, we are a
community property state. Your spouse’s income,
bank accounts, retirement accounts, regardless of the
fact that they may be in your spouse’s sole name,
are presumed to be “joint”
property of the marriage. If your spouse has access to
enough money to pay a retainer and you
don’t, the court may require that your
spouse pay your attorney a retainer. If your spouse has no
income and no credit cards, retirement accounts, etc., and
you don’t either, you
can’t count on the court for an order
requiring your spouse to pay your attorney fees for the
divorce process. Even the courts, with all their power,
can’t make money magically appear. If
you are in this position, it is best to consult Legal Aid
or an attorney well known for doing a lot of
“pro bono” (working for
free). Don’t take attitude with
attorneys who are not interested in doing work for free. It
is funny, as an attorney, I get calls quite frequently,
requesting that I take a case for free. I have never known
of anyone who calls their hair stylist, barber, doctor,
accountant to ask that they do their work for free. I have
never seen anyone enter a store and ask if they can have
items for free either. Lucio, LaFleur & Associates takes
pride in the fact that at times we do pro bono work. To qualify
you must fill out an application for pro bono work. We
don’t mail applications and you must
come to our offices to pick an application up. We review
applications once every quarter, and the
attorney’s collaborate and decide if
they will handle any of the cases on a pro bono basis. You
will receive a call if your case is selected. We consider
the following: income, history of family violence,
children, work history, references. If you have only
limited money to begin your case but your spouse clearly
makes enough to pay for your attorney’s
fees, call a Dallas Divorce attorney at Lucio, LaFleur &
Associates for assistance with your case in Dallas, Collin
County, Denton County or Tarrant County. Call (972) 664-1511
to consult with one of our aggressive divorce attorneys who practice
exclusively family and divorce law.
• I won’t be able to pay bills if
I file for divorce because I am a stay-at-home mom. Are
there any options for me?
Yes, there are generally good options for a
stay-at-home mom. If your spouse’s wages have
been sufficient enough to allow you to stay at home with
the children rather than work, then likely he will be
ordered to continue to pay all the bills while the
divorce is pending, including your attorney’s fees,
as long as the court is presented with evidence showing
that his wages are enough to support these things. If you
have stayed at home with the children, most likely, you
will be named the “primary conservator.” If
a husband has a pretty good income, a housewife will
likely be able to continue to live in the house with the
children while the divorce is pending, with the husband
paying the bills, so long as he makes enough money.
However, unless a housewife is going to
be getting a large amount of property or cash in the final
divorce, she will likely have to consider obtaining
employment. Realistically, it would be very difficult, and
impossible in most circumstances, for a wife to be able to
continue staying at home with the children, after the
divorce is final. Lucio, LaFleur & Associates has offices in both
Dallas and Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an aggressive attorney who practices exclusively
family and divorce law.
—Also see “
My spouse has a
much higher salary than I do. Will I get spousal
support?”
• My spouse hired an attorney and they
want me to sign a “waiver of service.” What
effect will it have if I sign this?
I NEVER recommend that
anyone sign a waiver of service without first consulting an
attorney. Please read it carefully. The waiver of service
may have a phrase that says “I agree
that the court may hear this case without further notice to
me,” or “I have entered in
my appearance in this case for all time.” The
effect of that phrase basically means that you have agreed
that your spouse and his/her attorney may proceed on with
the case and have it decided any way they want because you
have agreed that the judge hear the trial without you. If
you aren’t there to defend yourself,
your spouse can request whatever he/she wants and it will
likely be granted because there is no one there to contest
it. So AGAIN, you may be doing far more than merely,
“waiving being served.”
There is a reason that it takes many years to become an
attorney. There is a reason that one cannot be licensed to
be an attorney after taking a weekend course or even after
graduating from college. A licensed attorney has graduated
from a four-year university and then gone on to an
accredited law school for at least three grueling years
before finally taking and passing the Texas Bar Exam. It is
also best that you consult a licensed Texas attorney to
handle your Dallas or Collin county divorce.
Lucio, LaFleur & Associates has offices in both Dallas and Tarrant counties
to conveniently serve you. Call (972) 664-1511 to make an
appointment for a consultation with an aggressive attorney
who practices exclusively family and divorce law.
• What is an “agreed divorce?”
Not every divorce has to be a contest. Despite the fact that two
individuals have decided to divorce,
doesn’t mean that it has to be nasty or
mean. In fact, the more agreeable your divorce is, the less
it will cost. If a couple has discussed divorce and has
reached agreements concerning division of the property and
debts and custody of the children, one party can hire an
attorney to draft all the associated documents for divorce,
and parties can both sign and agree to the terms and
therefore avoid trial and other costs of litigation.
However, if your spouse has hired an attorney and you are
being asked to sign the documents, I highly recommend that
you seek the advice of an attorney to make sure you are
signing and agreeing to what you understood you were
getting. If the divorce is finalized and then you realize
that certain provisions are not fair or not what you
expected, you are probably “out of
luck!” Lucio, LaFleur & Associates has offices in both
Dallas and Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
—Also see “
How much does a
divorce cost?”
• What is “Collaborative
Divorce”?
Collaborative Law is a newer concept
when it comes to divorce. The idea behind collaborative law
is that parties negotiate all aspects of the divorce, along
with their lawyers. Hearings are not a part of
Collaborative Law(although a final prove up hearing is
required). This is a great idea for couples who want to
make their own decisions without subjecting themselves to
the uncertainties of a judge or jury. The divorce decree
becomes a project of both parties and their attorneys. The
only downside to a collaborative divorce is that a
“collaborative divorce agreement” must be
entered in to. Parties have to agree that if the divorce is
not settled after negotiating extensively, parties must hire
new attorneys if they wish to proceed with the traditional
court process, including hearings and trial. This can be
very costly in the event that settlement does not occur. All
fees paid to the collaborative attorneys are lost. New
retainers will be required. The attorney that first
represented you during the collaborative process may NOT
continue to represent you. An alternative to a collaborative
law agreement is to simply try to mediate after your attorney
files your divorce. Both parties and their attorneys can
still come to the table and try to settle first. In this
scenario, you won’t run the risk of having to start
over with a new attorney. But, because of the ability to
continue and not be bound in a collaborative agreement,
settlement may not be as likely. Divorce attorneys at Lucio,
LaFleur & Associates will respect your decision to
participate in either type of divorce.
• Can I keep my own 401k?
The
division of property can be done by agreement or by the
court. If you had your 401k before marriage, it will likely
be considered to be your separate property, however, if
contributions to the account were made during marriage,
your spouse will be entitled to some of the 401k. If the
401k was started during the marriage, it will likely be
community property and will be divided in half. There are
usually large penalties for “cashing
out” sums from your 401k, so in divorce
situations, the court can order that the 401k plan
“roll over” a portion of
your 401k to have the effect of your spouse having his/her
own 401k account. An experienced divorce attorney should
always draft that order because it is a somewhat confusing
document. See information under “Texas
Marital Property Laws.”
• I own a business. Will my spouse get
part of it when we divorce?
If the business was started during the marriage, it is
likely community property. If divorce occurs, the business
can be sold and assets divided, or one spouse can
“buy out” the other spouse, or the business
can continue to run under the same
management, and profits continually divided with the other
spouse. There are many complicated factors that have to be
considered when determining one’s rights
to a business during a divorce. If the business has
significant debt or profit abilities, it is very important
that an attorney assist you in determining how to handle
this type of situation, otherwise, serious adverse
consequences can result if you attempt to resolve this
issue on your own. Lucio, LaFleur & Associates has offices in
both Dallas and Tarrant counties to conveniently serve you.
Call (972) 664-1511 to make an appointment for a
consultation with an attorney who practices exclusively
family and divorce law.
• I think my spouse has secret accounts that
she stashes money in. How will I know how much she has?
If your spouse is doing this, trust me when I say,
he/she is not the first “genius” to think of this.
Once you have obtained an attorney, you will want to tell
your attorney about your concern. Subpoenas can be sent to
any bank, requiring that the bank turn over any and all
bank statements associated with your
spouse’s name/social security number.
Additionally, the “stasher”
of money may also be required to turn over all of this
information during the
“discovery” process or sworn
inventory process of the divorce.
• Will I get any part of the secret
accounts in the divorce?
“Stashers” beware, the money
you are putting away in your own name is most likely
considered community property, whether it came from your
income or from something you sold. If that is the case, the
money is not just YOURS. Spending it quickly can easily be
revealed as well. Your bank statement will reveal a
withdrawal, should you decide to quickly withdraw the money
after reading this, and a good attorney will discover your
secret. The courts don’t generally have
good feelings for a person who does this type of thing with
the intent of hiding community money. Once the divorce
process is started, the courts may order that you give the
other spouse all or some of this money to use during the
period while the divorce is pending for living expenses,
attorney’s fees or other expenses, and
will almost certainly order that it be divided upon the
entry of the final divorce.
• Who will get to keep the house?
Generally if the house was
purchased after marriage, the house will be considered
community property. If both parties are on the loan and one
party wishes to keep the house, it is important to get the
house refinanced into the party’s name who is
keeping the house. For instance, if Wife and
Husband’s name is on the loan, and
Husband is keeping the house and continuing to pay the
mortgage, Wife may fully trust that Husband will pay the
loan, but if he doesn’t, it will still
affect Wife’s credit. Additionally, Wife
may want to get a loan for her own house and may have
difficulty because her credit report will show that she
already has a loan. If Wife wants to keep the home and
there is equity in the home that Husband is entitled to,
Wife could buy Husband’s interest by
paying a monthly payment to Husband, or could give Husband
his half of equity from another source such as a 401k, etc.
Example: The house has $50,000 equity that should be split
equally. Wife has a 401k with $50,000 in it that should be
divided equally as well. Wife wants to keep the house
rather than sell it and split the equity. Wife could keep
the house and the $50,000 equity in it would become hers.
Since she should have paid $25,000 to Husband, she could
give Husband all of her 401k instead. If an agreement
can’t be made regarding who should keep
the house, courts may order that the house be sold and the
equity distributed. If you are in need of an aggressive
Dallas divorce attorney or Fort Worth divorce attorney,
call Lucio, LaFleur & Associates at (972) 664-1511.
• We won’t be able to afford our
mortgage payment if we file for divorce and have two
households. Is there anything we can do to prevent
foreclosure?
It is possible in some circumstances to request the
court appoint a “receiver” in your divorce.
Many times the receiver will be able to stop the
foreclosure process for a period of several months so
parties can resolve the issue or attempt to sell the house.
Lucio, LaFleur & Associates has offices in both Dallas and
Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
• My spouse put the house, car and
bank accounts in his name. Will I be able to get part of
them?
It depends on whether they are community property or
separate property. If any of these items were bought or
acquired during the marriage, they are likely community
property and you will have as much right to them as the
spouse whose name they are in. It will be important to have
the name changed on any items that you are awarded in the
divorce. If any of the above items were brought into the
marriage by your spouse, they may be his/her separate
property. Even in that case, if the spouse continues to
make payments on them after he/she is married, you may have
some interest in them because community funds(either of
your incomes) were used to pay off a
spouse’s separate property.
• My spouse has a much higher
salary than I do. Will I get spousal support?
There are
separate standards for temporary spousal support (during
the divorce process) and spousal support following the
divorce. If you are in need of financial assistance during
the divorce process, see Divorce FAQ
“
I won’t be able to pay bills if
I file for divorce because I am a stay-at-home mom. Are
there any options for me?”.
If you are seeking spousal support after the divorce is
final, there are several factors that are considered.
Overall, Texas is not an
“alimony” state, but we have
relief available in certain circumstances for spouses who
lack minimum earning capacity, have special needs or
disabilities. The marriage must have been for at least 10
years in order to be eligible for spousal support, unless
there is a conviction resulting from family violence. As an
attorney, I have heard clients complain about having to pay
spousal support. It is the fair solution in many cases. If
a wife stayed at home with the children and was a
housewife, and the father worked for 10 years with the same
company, climbing the ladder to a high position in the
company, if the two divorce, the wife may have very limited
earning ability and had she known that her marriage was
going to end in divorce, she likely would have finished
college or had her own career. In this case, she relied on
the marriage continuing and relied on the benefits that she
would have received had the marriage continued. If the
father decides that he wants a divorce, what position does
that leave the wife in? This is the type of scenario that
may call for spousal support. There are many factors that
must be considered when either arguing for spousal support
or arguing against it. Before you agree to pay it or agree
to forego it, consult a divorce lawyer who can assist you
in deciding how to proceed. Lucio, LaFleur & Associates attorneys
will consult with you upon request, by calling (972)
664-1511 and requesting a free divorce consultation with a
Dallas Divorce attorney, Julie Lucio.
• I have some things that I have done in the
past that I fear will hurt my case for custody. Is there
anything I can do?
Depending on what it is and when you did
it. The most important thing you can do is be honest with
your attorney. We are not here to judge you. In divorce,
usually at least one party has done some things that they
are not proud of. That means that 50% of our clients have
this issue. We are used to hearing it. It is important that
we are aware of it because it may come up in the divorce
case and we can ALWAYS deal with it much more effectively
if we are prepared for it. Finding out at the final trial
that our client was arrested once for beating up the other
party, is never helpful for our client. If you fail to
disclose “skeletons in your
closet,” (bad behaviors) to your attorney,
whether your spouse already knows about it or whether you
think your spouse DOES NOT know about it, is a bad idea. In
the case where you keep this a secret, expect a startled,
pale looking attorney, as this type of testimony comes out
at trial. It is similar to going to the doctor for help
because you feel bad, but failing to tell them that you
tested positive for the flu, but still expecting them to
know to treat you for the flu.
• I had an extramarital affair.
Will my spouse get custody of the children?
Despite how much this topic seems relevant to divorce,
it is not generally relevant to custody. Most judges view
private immoral behavior as just that. Generally, adultery
is unrelated to a particular parent’s
ability to parent a child. Custody is based on which parent
would be best suited to be the primary conservator of the
children, considering factors such as: current routines,
level of responsibility, age of the child and other
relevant factors related to the actual parenting of the
child. Adultery is a painful issue in a marriage and
because of the pain and disappointment that is brought on
by one spouse’s infidelity, courts may
award the innocent spouse more than half of the property,
cash, etc. and may award more than half the debt of the
marriage to the guilty party. While I
don’t condone adultery and neither does
any judge, it is not fair to punish children who still wish
to view each parent as a
“hero.” It takes a lot of
maturity for the innocent parent to refrain from attempts
to punish the guilty party. It is always a bad idea to talk
negatively about the other parent to the children. It only
hurts the children when they learn that they are not, in
fact, the lucky child who has a great mom and a great dad.
While the innocent party may feel better after bashing the
guilty party, the children are left confused, sad and
insecure. Talk to your friends and support system about
your anger, not your children! If you have had an
extramarital affair and you are facing a divorce, you will
not be judged at our firm. We are professionals and you
will be treated with respect. We understand that sometimes
a spouse needs to move on for various reasons. Our concern
is for your legal rights and most importantly for your
children. Lucio, LaFleur & Associates has offices in both Dallas
and Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
• I want to move away from the area after the
divorce and take the children. Will the courts allow that?
Most likely, not. I know this is a hard concept to hear. I
have heard many who are getting the primary conservatorship
say, “But my entire support system lives
in another state. I have no one here. We only moved here
because of his job, etc. Why can’t I
move back to my home state, the divorce is his
fault?” All of these may be valid statements,
but the bottom line is that although a move might be better
for you (financially, emotionally, practically, etc.), the
courts don’t really care about you. Yes,
you read it right. The courts are to first consider the
best interests of the children. I have personally witnessed
Judge Roach, a fair but strict judge, of the 296th District
Court in Collin county say to litigants,
“Yes, and I will tell you now, I
don’t care about you or you, (As he
points to both the mom and dad), I first care about your
children.” Think about it. Your children
didn’t ask for the divorce situation. I
am not saying that either parent is to blame or that the
divorce is not needed in your situation. What I am saying
is that regardless of the reason for your divorce, your
child needs a mom and a dad. Children are strong, but in
order to provide your child with the most security and love
and opportunity in life, the child NEEDS to have easy
access to both parents. Therefore, the court generally will
restrict the primary conservator’s
residence to the county in which the divorce is finalized
in, and the counties that directly surround it. This does
not mean that it is IMPOSSIBLE to get a judge to allow you
to move. Several factors will be considered. It is
important that you consult a lawyer to obtain the best
legal advice in this situation, to see if there are
favorable factors in your case that might allow you to move
with the children. Lucio, LaFleur & Associates has offices in both
Dallas and Tarrant counties to conveniently serve you. Call
(972) 664-1511 to make an appointment for a consultation
with an attorney who practices exclusively family and
divorce law.
• How much child support will I get?
There are several factors that go into calculating child
support. First, the GROSS income of the
“obligor” (person who is to
pay) is considered. All bonuses, overtime, etc are
considered in totaling the “obligor’s”
income. Once gross income is tallied, the following
government tax chart is utilized. (Click to see chart).
Child Support Chart There are separate figures to use,
which are determined by whether the
“obligor” is employed or
self-employed. The chart aids in determining what the
“obligor’s”
net income is. Net income is the number that is used
finally, to determine the final number for child support.
Your spouse may say that they get less net income than what
the chart shows. The chart is used because many times a
person’s net income is what they receive
after deductions are being made by the employer, which are
not considered when computing child support. Examples of
ineligible deductions are: costs for uniform laundering,
contributions to 401k, contributions made for insurance for
the “obligor,” and others.
By using the standard tax chart, a
person’s net income is easily determined
and is the standard in determining child support. Finally,
after determining what the obligor’s net
income is, child support is determined by percentage. (1
child-20%, 2 children-25%, 3 children-30%, …) However,
several other factors can influence the amount to be paid,
including other children the obligor has a duty to support,
special needs of the child, health insurance premiums for
the children, and other factors. In Texas divorces or
custody cases, the income of the
“obligee” (person who is to
receive child support) is not generally considered in
determining the amount of child support. It is important
that you don’t miscalculate child
support on your own. A few miscalculations can have you
paying significantly more than you are required to pay, or
have you receiving far less than you should be based on the
law. For an example of this, see FAQ
“
Can I do my own divorce to say money?”
If you need help computing the correct
child support amount, make an appointment with an
experienced attorney who practices exclusively family law.
Lucio, LaFleur & Associates is glad to offer you a consultation
with one of our experienced Dallas family attorneys, with
convenient locations in both Dallas and Tarrant Counties
and serving Dallas, Collin, Denton and Tarrant Counties.
Call (972) 664-1511 for assistance with setting up a
consultation.
• My paycheck includes overtime that is not
consistent. Will the courts factor that in when they
calculate child support?
Generally, yes. Whatever your
paystubs show you earned is used to calculate child support
as well.
—Also see “
How
much child support will I get?”