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July 2011 Archives

Texas Child Support and Divorce

Frisco, Texas Child Support and Divorce Lawyer

Under Title V, Chapter 154 of the Texas Family Code, a mathematical formula is provided to determine child support. While each case is different, Title V considers a number of factors when determining the amount of child support link to to be paid, under what conditions wages can be garnished, if medical coverage must be provided, how retroactive child support will be handled, and when child support obligations end. Since child support is for the maintenance and upkeep of a child, it is not intended as a punitive measure or an "award" for the custodial parent; rather, it is the right of the child involved. For this reason, any change in child support payments must first be approved by the court through a post - divorce modification.

Division of Marital Assets in Texas

Frisco, Texas Divorce Attorneys

In the state of Texas, property acquired during marriage is considered communal property. Here, commonly held assets, real property like a home or cars, or value in a closely held business is considered communal property. Property that is brought into a marriage, inherited, gifted, or is part of a personal injury settlement is usually considered separate property and is not subject to division. If separate property is co-mingled with communal property - if, for instance, inheritance money is used to remodel your home - it may be considered communal property. If a closely held business is in the name of only one spouse, the court will have to determine if communal assets were used to start the business, maintain it, or increase its size. As a result, the division of marital property can be quite complicated, at times requiring forensic accountants, business evaluators, and property assessors.

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