Although filing for divorce is a stressful time, it is still important that those who have decided to dissolve their marriage take certain initial steps. For instance, the parties involved will still need to pay household expenses, care for children, and perhaps relocate. Failing to address these issues early on can add more tension to an already stressful situation, which is why Texas family courts are often asked to step in and issue temporary orders before any actual divorce proceedings take place. For help representing your own interests in a petition regarding temporary divorce orders, please contact one of our experienced Georgetown high asset divorce attorneys for advice.

The Importance of Temporary Orders

When a couple decides to get divorced, it is often in their best interest to request a hearing for temporary orders. As their name suggests, these types of orders aren’t necessarily the ones that will remain in place when a divorce is finalized. Instead, their purpose is to provide a quick resolution to important issues until divorce proceedings actually begin. In high asset divorce cases, these orders are especially important because they could have a significant bearing on a series of critical issues, including:

In May, the Texas Legislature passed House Bill 1495, which prohibits courts from temporarily granting a parent the exclusive right to determine a child’s primary residence in certain cases. For instance, the law will only apply in situations where two parents have agreed that neither will have the exclusive right to decide where their child lives. This means that when no parent has been granted the exclusive right to decide where a child will primarily reside, courts cannot step in to grant this right to one of the parties temporarily while a suit for modification is pending. The law went into effect on September 1st, so if you have questions about how it could affect your pending child custody case, please contact an experienced complex child custody attorney who can explain your options.

Restrictions and Exceptions

In addition to prohibiting courts from granting a temporary order that gives one parent the right to choose a child’s primary residence, the new law also states that no temporary order can change or eliminate the geographic area within which a parent must maintain a child’s primary residence. This means that when a suit for modification of an order is pending, judges are not allowed to permit one parent to take the child outside of a certain geographic area, as this would essentially give that individual primary custody. However, these limitations only apply when a suit involves the modification of an order that provides for one of the following:

Court orders are legally enforceable, which means that if a parent fails to comply with their terms, he or she can be held accountable by the court. Generally, this is achieved by filing a motion for contempt or a motion for enforcement by the wronged party. Filing these motions requires compliance with specific procedural rules, so if your ex-spouse is failing to abide by the terms of a court order by refusing to pay child support or spousal maintenance, you should contact an experienced complex divorce litigation attorney who can explain your legal options.

Filing a Motion for Enforcement

When a party is failing to abide by the terms of either a temporary or permanent divorce-related order, the other person can file a motion for enforcement. However, a court will only approve a motion for enforcement if it contains specific information, including:

Dealing with child support in the midst of a divorce can go one of two ways: The process can either go smoothly or it gets messy. There is rarely any in-between when it comes to agreeing on arrangements and rights between two parties. While some divorcing spouses make it through the transition seamlessly and with mutual understanding – albeit a few minor bumps in the road – other couples are not quite as fortunate.

Child Support Assistance in the State of Texas

Similar to many states, the Office of the Attorney General in Texas is able to assist divorcing spouses with everything from locating an absentee parent and establishing paternity to establishing, enforcing, and modifying child support orders. The state also helps with medical support orders and collecting and distributing child support money.

A Harris County judge ordered the father of Beyoncé Knowles to pay over $120,000 in past-due child support and attorneys' fees, after a paternity test showed that he sired an out-of-wedlock child in 2010.

According to a ruling by state District Judge David D. Farr, Mr. Knowles knew of the pregnancy several years ago and gave $250,000 in "hush money" to the mother in exchange for her discretion. "Mr. Knowles has zero interest, and in this court's consideration on the evidence, zero capability of being a positive role model in the child's life," the judge added. The award represents $1,500 per month in past-due child support and $50,000 towards the mother's attorneys' fees; Judge Farr awarded full custody of the child to the mother.

Paternity

It appears that the United States Navy may be the latest organization to jump on the bandwagon of extended paternity leave for new fathers.

During a recent visit to Pearl Harbor, Hawaii, Admiral John Richardson presided over an impromptu meeting that included himself, Master Chief Petty Officer of the Navy Mike Stevens, and ten sailors who had become new fathers within the past year. Currently, the Navy provides ten days of paid paternity leave, and Admiral Richardson asked the sailors what they believed a reasonable leave policy would be. After a brief conference, they proposed 30 days of paid leave. Admiral Richardson told the group that "it's great to get a sense for what your input will be," and he promised to pass the recommendation along to his superiors in Washington.

The meeting comes shortly after the Navy tripled paid maternity leave to 18 weeks. In the last several months, Amazon, Netflix, Microsoft, and other large companies have all expanded their paternity leave plans, or at least are considering such action.

Paternity is one of the most important concepts in the Texas Family Code. For mothers, it helps guarantee financial support for their children. For fathers, paternity is the only way to legally share in their children's lives; moreover, in most cases, only legal fathers can petition for child custody. Finally, for children, a paternity action gives the feeling that they belong to a family, regardless of who lives where.

Chapter 160 of the Texas Family Code, which is also known as the Uniform Parentage Act, sets out the procedure for establishing paternity. Unlike some other states that have administrative shortcuts that only settle a few issues, paternity in Texas is a once-and-for-all proposition.

Presumption

Prior to getting married, it is important to discuss things such as potential children, jobs, and where you both will live. One subject that might be harder to talk about is about money. That is especially the case if one spouse comes into the relationship with a better financial position such as higher wages, property or a possible inheritance. That spouse may want to protect their assets in the future by drafting a prenuptial agreement.

There are certain things that a properly written prenup can achieve. It is generally used to specify how assets shall be divided on the chance that the marriage ends in divorce. It can also dictate how certain separate or marital assets can be characterized, managed and controlled. This is essential if either spouse owns a family business or home prior to becoming married. Also if either spouse has a large amount of debt, it can protect the other from being financially responsible. A prenup may also dictate if a spouse is eligible to receive alimony or direct how much support can be awarded.

There are other aspects of a divorce which cannot be changed by a prenuptial agreement. Child support, custody and visitation cannot be negatively impacted by any prenuptial agreement. It is also incapable of including any action that is against state or federal law.