If your divorced spouse is violating a court order and failing to pay owed child support in Texas, you have legal options to pursue enforcement or recover the payments with a lawyer. Here are actions you can take when facing unpaid support.

File an Enforcement Motion

The first step is filing a motion with the court that issued the child support order, requesting formal enforcement proceedings due to nonpayment. Be sure to thoroughly document all missed child support payments in the motion. The court can then hold your ex-spouse in contempt of court for violating its lawful child support order. Potential consequences include wage garnishment, property liens, and even jail time in serious willful violation cases.

Seek License Suspension

Under Texas law, the court has authority to suspend any professional or recreational licenses held by a non-paying parent. This includes driver’s licenses, hunting/fishing licenses, and occupational/business licenses. Suspending these privileges often provides additional motivation to fulfill their child support duties.

When parents divorce in Texas, determining custody arrangements for minor children adds further complexity and potential trauma to the process. The breakup of a family through divorce profoundly impacts children’s well-being and stability. There are steps divorcing parents can take to help protect their children’s best interests and minimize the disruption of divorce, including working with a lawyer.

Focus on the Child’s Needs and Perspective

Children cope better when parents remain centered on the child’s needs. Approach custody discussions remembering that your child did not choose divorce and they should not be put in the middle of parental conflict. Seek arrangements that maintain close relationships with both parents.

Prioritize Consistency and Stability

Major upheavals like changing schools, friends or residences can worsen divorce’s effects on children. Try to preserve normal routines and a sense of security. Custody schedules with predictable transitions and consistent rules/discipline are ideal.

Divorces with children in the mix can be tricky. Child custody can help you protect and prioritize the welfare of your child. It also aids in dividing quality time between both parents. But once child custody is finalized, some conditions might change that decision over time. If your current child custody order does not work for your family, there are a few measures that you can take in the state of Texas to help. To streamline the process even more, you can seek the guidance of a family law attorney. 

What Are the Reasons for Modification of Child Custody?

Texas family law knows and understands that life comes with change. In light of this, a child custody order can be modified. But to do so, there must be proof of significant conditions that will directly affect the child if the agreement is not adjusted. Here are a few reasons modification of child custody may be granted: 

• One parent decides to move

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For many of us, our family means everything. Our loved ones are the center of our universe. Sometimes certain circumstances can occur that threaten that close bond between family members. A possible solution is relative adoption. Fortunately, it is possible to adopt a minor relative in the state of Texas. This type of adoption ensures that the child remains in a stable and caring environment while still connected to their birth family.

Am I Eligible to Adopt?

In Texas, you must meet specific adoption requirements to be eligible. Here are a few primary conditions you need to meet for a kinship or relative adoption:

• Must be 21 years old 

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Alimony, also known as spousal support, can significantly affect divorce proceedings. In Texas, determining whether alimony will be awarded depends on various factors. Today, we will explore the key factors that influence the inclusion of alimony in a Texas divorce settlement and how you can properly assess your eligibility. Discuss with your divorce attorney as to whether spousal support will be a factor in your case. 

Determining Alimony Eligibility in Texas

1. Need and ability to pay: To be eligible for alimony, you must demonstrate a genuine financial need for support and an ex-spouse’s ability to pay. The court takes into account factors like earning capacities, income disparities, age, health, and education levels when assessing the financial needs of the requesting spouse. Additionally, the court considers the paying spouse’s ability to pay without experiencing undue financial hardship. 

2. Length of marriage – The duration of the marriage is an essential consideration in determining alimony. In Texas, a marriage lasting over ten years qualifies as a long-term marriage, which can increase the likelihood of an alimony award. However, even in shorter marriages, alimony may be considered if certain circumstances indicate a genuine need for support. 

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Many spouses who are getting a divorce choose mediation over a courtroom battle. Mediation offers a number of advantages. For example, you do not need to gather and present evidence to a mediator like you would with a judge. Mediation can also save you money. Contesting your divorce in court can be costly due to court and legal fees. Going to court to resolve your divorce can also be very time-consuming. You may need to miss multiple days of work in order to prepare for and attend court dates. Additionally, mediation can speed up the divorce process significantly. Spouses who use mediation can often resolve their divorces and finalize their divorce decree within a few months, whereas relying on a court to resolve each issue could take several years. However, mediation is not for everyone. There are some cases where it is recommended that mediation not even be attempted. Whether you and your spouse choose mediation or contested divorce, you should each be represented by your own attorneys. 

Signs Mediation May Work Well For You

Some signs that mediation may be effective for you and your spouse include: 

• You are amicable - If your divorce is relatively amicable and you and your spouse are able to sit in the same room and have a conversation, this is a very good sign that mediation is likely to yield the results you want. 
• You have a prenuptial agreement - First, having a prenuptial agreement can limit the issues that still need to be decided. Further, the fact that you and your spouse were able to reach such an agreement in the first place is a good sign that you can compromise. 
• You have no children and limited marital property - If you do not have child custody issues to contend with and the size of your marital estate is relatively small, you may be able to quickly work through the remaining issues in mediation. 

Signs Mediation May Not Work For You

Signs that divorce mediation is not for you may include: 

Timing can play a significant role in the success of a marriage. Many people wonder if there is an ideal age to tie the knot to minimize the risk of divorce.

What is the Ideal Age?

Research suggests that couples who marry at the age of 25 have a reduced likelihood of divorce compared to those who get married at age 20. However, for those who get married after the age of 32, divorce rates tend to increase by 5% per year until their wedding day.

The decline in divorce rates may be due to millennials getting married later in life, usually in their 30s. However, it is important to remember that there is not a one-size-fits-all answer for the best age to get married as every relationship is unique.

People use the term “child custody” to refer to parenting arrangements when parents are divorced or unmarried. However, Texas law specifically refers to custody issues in terms of “conservatorship” and “possession and access.”

In this blog, we will discuss when a Texas parent may be deemed a “sole managing conservator” or “joint managing conservator” and how this influences each parent’s parenting responsibilities.

Sole Managing Conservatorship

Many people are familiar with the terms “joint custody” and “sole custody.” In Texas, a sole managing conservator can be compared to having sole custody of a child. If a parent is a sole managing conservator, he or she has the right to make decisions about the child's upbringing. The parent has sole responsibility for making decisions about:

Besides child custody, one of the most contentious issues in a divorce is often the division of assets. Texas is a community property state, meaning that the marital estate is divided 50/50. Unfortunately, some spouses do all they can to try to prevent the other spouse from receiving their fair share and attempt to hide marital assets. There are often certain red flags that may indicate this is occurring. The following are some of the most common signs.

Unusual Financial Behavior

If your spouse suddenly starts exhibiting unusual financial behavior, such as opening new bank accounts, making large cash withdrawals, or transferring money to unfamiliar accounts, it could be a sign of attempting to conceal assets before they file for divorce.

Hidden Accounts and Statements

The process of hiding assets usually begins before a spouse files for divorce by opening up secret financial accounts. If you discover bank statements or financial documents that you were previously unaware of, it may indicate hidden accounts or undisclosed assets.

A prenuptial agreement – also referred to as a prenup – is a legal contract that couples enter into before they get married. The agreement sets out the terms and conditions for how assets, property, and financial affairs will be handled if the marriage ends in divorce. Although some people may view prenups as unromantic, there are many reasons why entering into one is a wise decision.

Protects Assets

A prenuptial agreement can protect your individual assets. If you have accumulated wealth, property, or investments before the marriage, a prenup can ensure that you retain ownership of these assets in the event of a divorce. Without a prenup, your assets may become part of the “marital estate” and should the marriage end in divorce, your spouse could be entitled to half of that estate per the community property laws of the state of Texas – regardless of who acquired them.

Clarify Marital Financial Expectations

Discussing the terms of a prenup can also help clarify financial expectations and avoid disputes once the couple is married. Money is often a significant source of tension in marriages, and having a prenup can help you and your partner establish clear guidelines for how finances will be handled during the marriage. This can prevent misunderstandings and arguments about money down the line, which can ultimately help strengthen your relationship.

Almost every couple goes through periods in their marriage where things get so difficult between the two of them, one or both of them begin considering divorce. The couple will either work through these issues, decide to end their marriage or continue living contentiously with each other without dealing with the problems.

One option that some couples decide is to separate before they make the final decision to divorce. This allows them each to have their space and gives them the time they need to decide if they really do want to end their marriage or work toward reconciliation. If this is something you and your spouse are considering, there are some important facts you should be aware of when it comes to legal separations in Texas.

A Legal Separation

When a couple decides to separate, even though they are no longer physically living together, they are still considered legally married. This means that if one spouse is on the other spouse’s health insurance plan, they can remain on the plan. This is different than a divorce where a person’s benefits are terminated after a certain period of time.

Every parent has a legal duty to provide the resources needed to ensure their child is taken care of, including food, clothing, and shelter. Even if the child does not live with the parent, they still must meet that legal duty. Child support is an obligation that every non-custodial parent in Texas is required to pay. It can also become one of the most contentious topics between co-parents. It is not uncommon for the parent who is been ordered to pay the support (the obligor) to resent handing over money to their ex-spouse or partner (the obligee), often losing sight of the fact that the money ultimately is going to the care of their child and not to support their ex.

The following is a brief overview of child support in Texas. If you have specific questions or concerns, a child support attorney can help.

How Do Texas Courts Calculate Child Support?

Child support in Texas is calculated based on a percentage of the obligor’s monthly net income and is broken down as follows:

Unfortunately, there are many people who seek out the legal assistance of a divorce attorney who share they had no idea their spouse wanted a divorce until they got served with the divorce petition. Although there are marriages where divorce seems to come out of nowhere, there are usually some indicators that the person did not realize were actually signs that their spouse was planning their exit strategy from the marriage. Although these signs may not always mean a spouse is planning on leaving, they may be warnings that something is going on and you should consider seeking out legal advice to ensure your best interests are protected.

No Deposits in Joint Financial Accounts

In the majority of marriages, spouses have joint financial accounts that they use to pay household bills and other expenses. If your spouse suddenly stops depositing their pay into the joint account, that could be a red flag that they are making plans to file for divorce. Opening up an individual account is one of the first things that a divorce lawyer may suggest to a client that is planning on ending their marriage.

Unexplained Withdrawals from Joint Financial Accounts

Conversely, if your spouse is making unexplained withdrawals from your joint accounts, that could be another sign that they are planning a divorce. It could be a sign of asset dissipation, where the spouse is trying to spend as much of the marital assets before the divorce, they could be spending the funds in an affair, they could be hiding the funds, or they could be paying a divorce attorney with them.

In Texas, just as in every other state in the country, stalking is considered a serious crime. The Department of Justice’s Office on Violence Against Women (OVW) defines stalking as “engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.”

One of the most frequent times a stalker’s behavior is triggered and during a divorce or breakup. If you are going to end a relationship and your partner is harassing, stalking, or threatening you, obtaining an order of protection is a critical first step in keeping you and your children safe.

Stalking Statistics

It is estimated that almost 14 million people a year are stalked, with one in three women and one in six men reporting they have been stalked. The majority of people who are being stalked know their stalkers – 40 percent are stalked by a current or intimate partner and 42 percent are stalked by an acquaintance. Approximately 75 percent of people who are being stalked are eventually threatened with physical violence by their stalker.

Most people are familiar with the term "prenuptial agreement," but fewer are familiar with postnuptial agreements. Like a prenuptial agreement, postnuptial agreements or "postnups" protect spouses' financial interests in the event of divorce or the death of a spouse. However, postnuptial agreements are signed after the couple is already married. Many people draft postnuptial agreements after receiving a large inheritance or another financial windfall. Other couples use postnuptial agreements to protect their property rights and clarify financial obligations after a marriage has gone through a tumultuous period.

What Can a Postnuptial Agreement Do for Me?

In Texas, postnuptial agreements can be used in many different ways. Some couples use postnups to ensure that their separate property remains separate and not subject to division in the event of divorce. Others might use postnups to create more equitable arrangements for spousal support or designate a spouse as the beneficiary of certain assets. Postnups can also be used to ensure that certain assets are excluded from the marital estate and will be passed on to children from a previous relationship after a spouse's death.

You may want to draft a postnuptial agreement if you or your spouse purchased or started a business, acquired high-value assets, or made any large financial decisions. Postnups can also be useful for couples who are considering divorce but need more time to decide if the marriage is salvageable. The postnuptial agreement defines and protects the spouses' financial rights while they weigh the possibility of reconciliation and explore their divorce options.

When a married couple with children decides to split, often their biggest concern is how the divorce will affect their children. Many parents who have chosen to live their lives apart worry that their children will think the breakup was their fault or will resent the parents for it. Divorced parents are also often concerned that their children will not be the same after a divorce, but research shows that there is reason to be hopeful. Most children of divorce are able to adapt to their new two-home family and end up thriving in it.  

Studies Show Most Children Adapt Well 

A 20-year study conducted by noted psychologist Constance Ahrons and confirmed by others shows that about 80 percent of children of divorce are able to adapt to the divorce and lead happy, successful lives afterward. The majority of children whose parents get divorced do not experience permanent negative effects on their grades, social development, or mental health. 

Developmental psychologist E. Mavis Hetherington from the University of Virginia came to similar conclusions through a study of 2,500 children of divorce. Other researchers consistently find similar results when they study how divorce affects children: in the long run, the majority of children of divorce see no lasting negative effects from the divorce.  

Many people have heard horror stories about divorcing spouses who are left with virtually nothing after the split. Their spouse took the house, the car, and even the dog in the divorce. While most divorce cases are not nearly as dramatic as these exaggerated stories would lead one to believe, protecting property rights is a crucial element of any divorce case.

If you are getting divorced, it is important to understand and assert your rights with regard to household items, real estate, retirement accounts, cash, and other property.

Negotiated Settlement vs. a Divorce Trial

Texas courts will generally uphold any agreements or settlements that spouses reach with regard to the division of property in a divorce. You and your spouse have the right to divide your community property however you see fit. In an amicable divorce case, the spouses may be able to sit down and discuss a fair division of assets without the court’s involvement. Even if the split is amicable and cooperative, it is best to get legal advice from an attorney regarding property division during divorce. There may be tax-related consequences and other legal factors spouses have not thought about that can heavily influence the decision.

When a couple decides to divorce, they must divide their property between them. As one might expect, each spouse brings property into the marriage, but community property is also acquired throughout their relationship. Some couples are exceedingly careful about segregating their respective personal property, while others pay little attention to the matter until divorce becomes a possibility. If you are in a position where your personal property has become commingled, or “mixed in”, with your spouse’s, consulting an experienced divorce lawyer may be the best option for you.

What Is Commingling?

Commingling occurs when two individuals’ separate property becomes intertwined or mixed. The best example of this is an individual depositing individually-owned funds—money he or she made before the marriage or received as an inheritance during the marriage—into a joint marital checking account. Doing so, in most cases, causes the deposited funds to lose their identity as separate property.

It is important to understand that in equitable distribution states such as Illinois, personal property that is commingled becomes marital property. This process is referred to by statute as transmutation of property. It is very difficult to keep private property separate when willfully commingled, and indeed, the court presumes that your intent is to commingle your property if you do so.

There is little question that divorce can be a messy, often traumatic process. Unresolved anger and fear of an uncertain future can lead to a long, drawn-out proceeding that costs both spouses significant time, money, and energy. In many cases, a bitter, contentious divorce can destroy what was once a loving relationship, making it nearly impossible for the parties to even be in the same room for years into the future.

Your divorce, however, does not need to be this way. In fact, with a little work and the right attitude, you might find that an uncontested divorce will provide an opportunity to move forward with your lives more quickly and at much less expense.

Amicable or Uncontested Divorce

Sometimes referred to as an amicable divorce, an uncontested divorce is one that does not require the court to get involved in settling differences or ruling on issues between the spouses. Instead, the couple is able to reach a workable agreement regarding all of the necessary considerations, including:

The winter holiday season, for many families, begins with the celebration of Thanksgiving and continues through the month of December into the beginning of January. While the holidays are often filled with fun, food, and extended family, they can be particularly challenging for divorced parents as they try to keep their children involved in all of the festivities. If you share custody of your child with your former partner, there are some things that you can do to help make the winter holidays more enjoyable for everyone involved.

Be Prepared

If your parenting agreement does not already specify where your child will spend each holiday, you will need to make arrangements with the other parent as soon as possible. Do not wait until the very last minute. Give your child something to look forward to, and provide enough lead time for you and your child’s other parent to plan for the holiday accordingly.

Be Kind, Courteous, and Flexible

You and your former partner may have your disagreements, and they may not always be very considerate of your time and efforts. In a moment of honesty, you might even admit that the same is also true in reverse. During the holiday season, do your best to look past your problems. Ever-present hostility and constant derogatory comments about your child’s other parent will not help your child create positive memories of the holidays. Nobody is perfect, and a little patience and extra kindness can go a long way in difficult situations.