DIVORCE
• Is there a waiting period for divorce?
The court may not grant a divorce before the 60th day after the date the suit was filed. A waiting period is not required before a court may grant an annulment or declare a marriage void. Tex. Fam. Code S6.702
• What are the filing fees and/or court costs for a divorce?
Filing fees and court costs vary depending on the county in which the suit is filed, but the cost for filing a divorce generally ranges from $250-$300.
Unless the other spouse agrees to sign a Waiver stating that it is not necessary for them to be officially served with the divorce petition, service will be an additional cost.
Again, the cost of service varies depending on who the process server is, where the other spouse is located, and the method of service, but the cost of service generally ranges from $50-$100.
• How long will a divorce take?
The length of time it takes to obtain a divorce depends greatly on the interactions of the parties involved and their ability to agree on the terms of the divorce. The fastest a divorce can be completed, with both parties working together amicably and coming to an agreement on all terms, is approximately 61 days from the date of filing the petition.
• What if my spouse and I agree on the terms of the divorce?
It is very beneficial to both parties involved if they are able to work together and come to an agreement on all of the terms of the divorce. If this is the case, then they can enter into an Agreed Final Decree of Divorce and save stress, time, and money in amicably ending the relationship.
• What if I can’t find an answer to my question here?
If you have a question that you cannot find an answer to here, we encourage you to take advantage of our free phone/e-mail consultation. You can call us at (512) 990-3135 or e-mail info@clarklawyers.net.
CHILD SUPPORT
OBLIGOR (the parent paying child support)
• Should I send my support payments directly to my child’s other parent?
The court shall order the payment of child support to the state disbursement unit. Tex. Fam. Code S154.004.
Child support payments should be paid to the Texas State Disbursement Unit (TxSDU). Payments made directly to the custodial parent may not be credited by the court toward the child support owed. Making payments to the TxSDU protects the parties from any disputes regarding payment.
• How can I have my child support payments reduced?
If your circumstances warrant a reduction in your child support payments, Clark & Clark can help you to get the payments lowered by the court.
Some instances that may qualify you for a lower payment amount are a reduction in your net income, the birth or adoption of additional children, extraordinary personal expenses (i.e. medical expenses), etc.
• What if I lost my job?
Generally, a parent has the moral and legal obligation to provide support for his/her child(ren) regardless of employment status. If you lose your job, you should seek immediate and comparable employment. During the time that you are unemployed, you are still required to make any court ordered child support payments. If your unemployment persists for a long period of time, through no fault of your own, you may qualify to have your child support payments reduced. If you get a job that pays you less than your previous employer, you may be able to have your child support payments reduced.
If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor. Tex. Fam. Code S154.066
• What if I can’t afford my child support payments?
If you have experienced a material and substantial change in your circumstances, you may be able to have your child support payments reduced. If your situation warrants a reduction, we can help you to get the payments lowered by the court.
Again, intentional unemployment or underemployment (meaning you are earning less than your potential - i.e. a doctor working at a retail store) may not warrant a reduction in child support.
• What if I can’t find an answer to my question here?
If you have a question that you cannot find an answer to here, we encourage you to take advantage of our free telephone or e-mail consultations. You can call Clark & Clark at (512) 990-3135 or e-mail us at info@clarklawyers.net.
OBLIGEE (the parent receiving child support)
• What if I’m not receiving child support?
If you feel that you are entitled to child support payments, you should seek a court order to that effect. Clark & Clark can represent you in establishing custody, child support, and visitation.
If you already have a court order establishing child support and you are still not receiving payments, then you may need to enforce that order against the obligor. We can represent you in requesting that a judge enforce your order against the obligor in a court of law.
• Can I have child support payments deducted from the other parent’s paycheck?
You may be able to get a Wage Withholding Order under which child support payments can be deducted from the obligor's pay check. Clark & Clark is able to represent you in such a matter, call (512) 990-3135 or e-mail info@clarklawyers.net.
• What if the child support payments are too low?
The amount of child support can be set by agreement of the parents or by a judge. In Texas, there are guidelines that establish the minimum child support due, depending on factors such as the net income of the obligor and the number of children the obligor has. Once the child support amount is set by a court, there are restrictions as to when and why the payment amount should be altered.
• What if my child’s other parent has received a pay increase and/or promotion?
A pay increase and/or promotion may be grounds for having the child support amount adjusted upward. If you would like to pursue a child support increase, contact Clark & Clark at (512) 990-3135 or info@clarklawyers.net.
• What if my child’s other parent was fired or quit work?
If the actual income of the obligor is significantly less than what the obligor could earn because of intentional unemployment or underemployment, the court may apply the support guidelines to the earning potential of the obligor. Tex. Fam. Code S154.066
If the obligor lost his/her job, then the obligor should seek immediate and comparable employment. A court order to pay child support can only be altered by a court of law. The unemployed obligor still has the moral and legal obligation to support his/her child(ren).
The obligor may be able to have the child support lowered by the court if, through no fault of his/her own, the obligor is unable to find employment that pays at the same rate of his/her previous job.
If the obligor is attempting to have the child support payments lowered and you do not feel that it is proper, Clark & Clark may be able to represent you in contesting the modification of child support.
• What if I can’t find an answer to my question here?
If you have a question that you cannot find an answer to here, we encourage you to take advantage of our free telephone or e-mail consultations. You can call Clark & Clark at (512) 990-3135 or e-mail us at info@clarklawyers.net.
VISITATION
CUSTODIAL PARENT (designates the child’s primary residence)
• What if my child’s other parent won’t visit?
Unfortunately, there are parents who do not make visits with their child(ren) a priority; however, a court cannot force a parent to visit with his/her child(ren). This is probably best in that you would not want your child(ren) left in the care of someone who, apparently, does not want to visit with them.
• What if the other parent keeps the child(ren) beyond the visitation period?
If the right to possession of a child is governed by a court order, the court in a habeas corpus proceeding involving the right to possession of the child shall compel return of the child to the relator (person seeking the return of the child) only if the court finds that the relator is entitled to possession under the order. Tex. Fam. Code S157.372
If you feel that the other parent has kept your child(ren) beyond his/her court ordered time and you wish to have the child(ren) returned to you, contact Clark & Clark at (512) 990-3135 or info@clarklawyers.net.
• What if the other parent never picks up our child(ren) on time?
If a parent does want to visit, but is always late in picking up the child(ren) or is always changing the days that he/she will come, then you do have options in order to ensure that your schedule is not at the whim of the other parent. You may have the option to strictly enforce the days and times that the visiting parent must pick up the child(ren) to be in compliance with the court order governing visitation. If the other parent is late, then you may have the option of denying access and making other plans with the child(ren).
• The other parent is not paying child support. Can I deny him/her visitation?
The part of the order requiring the obligor to pay child support and the part of the order allowing the obligor to visit with the child(ren) deal with two separate issues that are not contingent on one another. If the obligor is not paying the ordered child support, you should pursue that matter in court through an enforcement action.
• What if I can’t find an answer to my question here?
If you have a question that you cannot find an answer to here, we encourage you to take advantage of our free telephone or e-mail consultations. You can call Clark & Clark at (512) 990-3135 or e-mail us at info@clarklawyers.net.
NON-CUSTODIAL PARENT (does not designate the child’s primary residence)
• I am being denied visitation by the other parent. What can I do?
First, if you do not already have a court order specifying your rights of possession and access, you should get one. Clark & Clark may be able to represent you in trying to establish a visitation schedule.
If you already have a court order designating your periods of possession and access and the other parent is denying you visitation, then you can pursue your visitation rights in court. Clark & Clark can help you in an action to enforce your visits. Call us at (512) 990-3135 or e-mail info@clarklawyers.net.
• What if I can’t find an answer to my question here?
If you have a question that you cannot find an answer to here, we encourage you to take advantage of our free telephone or e-mail consultations. You can call Clark & Clark at (512) 990-3135 or e-mail us at info@clarklawyers.net.