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Texas family law attorney, Texas divorce laywer, Texas child support attorney,The child support guideline amounts in Section 154 are presumed to be reasonable. But consider the following situations:

  • The obligor parent is a server at a local restaurant; the obligee parent is an engineer at a large technology company;
  • Father is now financially responsible for three stepchildren after a subsequent remarriage;
  • Mother must travel to another state to see the children because Father relocated with the children;
  • The family includes two preschool children that are in daycare and two school-age children that require after school care; or
  • Because of a child's pre-existing medical condition, insurance is expensive and refuses to cover certain treatments.

The cookie-cutter guidelines might be considered "unjust or inappropriate" under Section 154.123 in any of these situations.

The underlying issue is that Texas is one of only nine percentage-of-income states that determine the amount of support merely from the obligor's income and the number of children before the court. While this formula does encourage predictable and regular results, a straight percentage-of-income calculation leaves no room to account for the unique circumstances of each family. Thus, there is the escape clause in Section 154.123.

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Texas high asset divorce attorney, Texas complex litigaton lawyer, Texas child support lawyer,To determine the amount of child support, the judge mechanically applies the guidelines in Chapter 154 of the Family Code, at least in the vast majority of cases. However, especially if there is a complex child custody dispute, these guidelines are not always reflective of the child's needs. What must a party do to convince a judge to depart from the guidelines, and how is the amount set in these situations?

Unjust or Inappropriate

In the case of Section 154.122, these two words are not synonyms. Instead, they give both the mother and the father a basis to request an increase, or decrease, in child support payments.

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Posted on in Spousal Support

Texas high-asset divorce attorney, Texas complex litigation attorney, spousal maintenance,At a time when many states are passing laws to limit alimony, the Texas Legislature recently expanded the spousal maintenance provisions in Chapter 8 of the Texas Family Code. Even with these modest amendments, spousal support laws in The Lone Star State are not nearly as broad as they are in other jurisdictions.

When Can I Get Alimony?

First and foremost, spousal maintenance is not automatic in Texas. In fact, the opposite is true. There is a legal presumption that spousal support is unnecessary. Obligees – persons receiving maintenance – may rebut that presumption by proving that they made a diligent effort to earn sufficient income to provide for their minimum reasonable needs or developed sufficient skills to provide for their reasonable needs.

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Cedar-Park high-asset divorce attorney, hidden assets, high-asset divorces, uncovering hidden assetsHiding assets from another spouse is an all too common scenario in high-asset divorces. Often, the offending spouse feels he or she is entitled to those assets and the other spouse is not. Hiding assets in a divorce is against the law; however, even that fact does not deter an unscrupulous spouse from keeping the other spouse from his or her fair share of a marital estate.

In many cases, this attempt of hiding assets is discovered during the divorce, often through the discovery process or with the aid of forensic accountants, however, there are also cases where the offending spouse succeeds in hiding the assets and they are not included in the final marital estate division.

If you have discovered that your ex-spouse hid assets during your complex divorce case, there is a good chance that you may still be able to recover what should have been legally awarded to you. The state of Texas has a legal statute which allows an ex-spouse to recoup undisclosed assets. The law is called Suit to Divide Undivided Property and is part of the Texas Family Code.

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Texas Divorce Code, grounds for divorce, Texas divorce lawyer, Austin divorce lawyerAlthough Texas does allow for no-fault divorces, the Texas Family Code also allows for fault ground divorces. One of those grounds is adultery. In TFC  6.003, adultery in a divorce proceeding is defined as "voluntary sexual intercourse of a married person with one not the husband or wife of the offender". It's important to note even after the parties have separated and divorce has been filed, any acts would still legally be considered adultery.

Accusations of adultery are not enough to bring to court. You must provide solid evidence of the adultery. Text messages, emails, receipts, photos and any other evidence should be gathered and presented to the court. Adultery is also grounds for a judge to award a disproportionate award of the marital estate. TFC 7.001  states, "In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage." In a recent case that occurred in The Woodlands, an appeals court awarded the wife 81 percent of the marital estate after she proved that her husband had committed adultery. The couple decided to separate in March and the wife moved out of the marital home. The wife had hoped to reconcile and suggested counseling, which the husband refused. In June, she suspected he was having an affair, but really had no evidence at this point. The wife filed for divorce in August. In September, after finding another woman's underthings in the master bedroom of the marital home, the woman hired an investigator to gather proof of the husband's infidelity. Although the wife had already moved out and filed for divorce before she was able to obtain evidence that her husband was cheating, the court ruled that the husband was at fault for the breakup of the marriage.  The marital estate was worth $1.6 million. The wife received over $1.3 million and the husband received a little over $300,000. If you have discovered your spouse has been cheating and you are considering a divorce, contact an experience Austin family law attorney to make sure you receive the divorce settlement that you deserve.
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