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Do I Have to Pay Child Support If I Quit My Job?
Child support is a legal obligation imposed by courts to make sure children’s needs are met after divorce. The provisions of a child support order are based on certain factors, like the child’s developmental and educational needs and the financial situation of each parent.
Circumstances change, however, and employment changes happen all the time. When parents lose or quit their jobs, they understandably want to know if they can reduce or stop their child support payments. This is called child support modification and it must be approved by a judge, so any requests for modification should be brought by a Texas child support modification attorney.
It is not easy to get a judge to modify a child support order, however. Courts are reluctant to make changes, particularly within the first couple of years following a divorce. This article will explore whether you still have to pay child support if you quit your job.
Can I Legally Separate From My Spouse in Texas?
Divorce is a big decision that changes the lives of everyone involved. Some couples, therefore, prefer to separate from each other rather than commit to dissolving the marriage. In many states, these couples can enter into a legal separation, which is like divorce. Spouses who are legally separated live apart for a minimum amount of time and work out legal arrangements like child custody and child support. If a couple files for legal separation, a judge may issue a judgment recognizing their new marital status.
Legal separation, however, is not an option in Texas. Couples are of course free to separate from each other if they want to, but the only marital statuses recognized in the Lone Star State are married, divorced, or widowed.
However, couples who do not want to take the big step of getting a divorce have an alternative option available to them. If they wish, they can hire a Texas separation agreement attorney to draft a separation agreement.
3 Reasons to Avoid a DIY Divorce in Texas
Divorces in Texas can be lengthy and expensive. This is especially true in the case of a contested divorce, where the parties disagree on some or all issues. Some spouses, therefore, try to manage the divorce process on their own rather than pay attorney fees. They feel confident that they can represent themselves instead of being represented by a Texas divorce lawyer. What can an attorney do, they ask, that Google cannot?
As it turns out, a lot. It is true that you are not required to have legal counsel and you can fill out forms online. However, there are significant reasons why a do-it-yourself divorce is not ideal, and this article will discuss three of them.
A DIY Divorce Can Be More Expensive in the Long Run
A Google search can only take you so far. There are legal nuances that a divorce attorney can spot that are mostly learned from experience. Missing these nuances can lead to mistakes, which can end up being very costly in a divorce because:
Can I Open a Separate Bank Account in a Texas Divorce?
A major part of the divorce process is dividing marital assets, or what Texas law calls community property. This is property that belongs to both spouses jointly. The general rule is that any asset that was acquired by either spouse during the marriage — with some exceptions — is community property and should be divided between both parties.
The procedure for dividing these assets is complex. It is also taken very seriously by courts because spouses sometimes try to hide money from their spouses during this process.
Opening a separate bank account during a Texas divorce is not illegal, but it can mean certain things when it comes to dividing assets. Consult a Texas attorney about whether the time is right for you to open a separate bank account.
When Can I Start Separating My Assets?
You do not need to wait for the court to begin separating your and your spouse’s assets. However, it should be done together with your spouse. If you do it without your spouse’s consent or knowledge, he or she may think you are trying to steal community property. In that case, he or she can ask the court to issue a temporary restraining order on the assets until everything has a chance to be divided. This means that your bank accounts would likely be frozen.
What Child Custody Schedule Should I Have in Texas?
Parents who get divorced in Texas need to follow a schedule for sharing physical custody, or possession, of their child. This schedule can either be decided by the parents or a judge. In either case, the court will issue a possession order that contains the schedule terms.
Choosing a possession schedule is a key component of the divorce process and affects everyone involved. The wrong timetable can foster resentment, cause distress to the child, and make it harder for the parties to adjust to a post-divorce life. It is important, therefore, to consult a child custody attorney regarding which schedule to choose.
Which Schedule Should I Choose?
A court will allow any custody arrangement as long as it is in the best interest of the child. If you and your spouse can agree on a schedule, you will need to submit it to the court. If the court approves, the judge will issue a possession order making your schedule legally binding.
Is Mediation the Right Move for My Texas Divorce?
Ending a marriage requires planning. Couples who get divorced need to tie up their loose ends before parting ways. There are assets to divide, payments to make, and children to raise. If divorcing parties agree on everything, it is called an uncontested divorce.
If divorcing spouses disagree on any issues, however, it is called a contested divorce. In that case, a Texas judge will most likely order the couple to resolve their differences in mediation. Mediation is a great way to settle these issues out of court.
However, mediation is not relevant for all cases. This article will discuss what mediation is and when it might not be suitable. If you have any questions about mediation, make sure to consult with a qualified Texas attorney.
What is Mediation?
Mediation is a form of alternative dispute resolution, which means it is a way to resolve an argument without having to go to court. When a couple attends mediation, they meet with a mediator who tries to guide them toward a resolution on each issue.
How Do I Know If My Ex Violated Our Visitation Order?
Child visitation rights are taken very seriously in Texas. This is not only to protect parents’ rights but because Texas law believes it is in a child's best interest to have time with both parents.
When two parents get divorced in Texas, they need to agree on custody and visitation arrangements, which are detailed in a document called a “possession order” in Texas.
If parents cannot create a visitation order themselves, it may be decided for them by a court. In both cases, the court will issue the final visitation order, which is a court order that makes the rights and responsibilities of each parent legally binding. (You can use the terms “parenting plan,” “visitation order,” and “possession order” - they all mean the same thing). In some counties, there are domestic relations offices that enforce visitation.
If you believe a visitation order has been violated, contact a qualified Texas family lawyer so you can understand your options.
4 Tips for Talking to Your Children About Your Texas Divorce
Divorce can be difficult for anyone to experience. It can certainly be hard for the spouses, as they are dealing with the breakup of a committed relationship while also needing to negotiate the terms. It can also be difficult for their children who might feel they had no say in the matter even though it affects their lives too. This article will offer some tips for navigating how to talk about this transition with your children. If you have more specific questions, a skilled San Antonio, TX divorce attorney can offer further guidance.
Tip 1: Be Honest and Transparent
When speaking with your children about your divorce, it is crucial that you are as honest and transparent as you can be. Of course, you need to take into account what is age-appropriate for them. Children can tell when something is being hidden from them. Be honest but sensitive about what this will mean for your family - that you will no longer be one family unit but will live separately, but that you and their other parent love them and are committed to doing whatever you both can to make this transition as smooth as possible for everyone. Make sure they know that this is not their fault and that they are as loved as ever.
What Is an Uncontested Divorce in Texas?
Every divorce is unique just the same as every marriage is unique and every person is unique. Although it is common to think about a couple going through a divorce as two people who cannot stand each other and seek to punish each other through their court proceedings, some couples simply do not fit that description. Some people can have what is called an uncontested divorce, and this article will explain what that means. For more information better tailored to you and your specific situation, you should speak with a knowledgeable San Antonio, TX divorce lawyer who can offer invaluable guidance.
How Does Uncontested Divorce Work?
Any couple that gets a divorce needs to ultimately reach a settlement that they can both accept. The settlement includes issues related to property division, asset division, alimony, child custody, child support, and more. Under certain circumstances, a couple can have what is known as an uncontested divorce, which means they have managed to resolve all the issues necessary for their divorce settlement and the court need not intervene.
When Should You Contest a Divorce?
Agreeing on the terms of the divorce itself can be just as difficult as the decision to split up. If you need a contested divorce, you do not have to go through the process alone. A Texas lawyer can be on your side through each step. There are several reasons you may consider a contested divorce.
You Have Complex Financial Assets or Debts
Maintaining finances can be one of divorce's messiest and most contentious parts. When you have complicated assets like businesses, significant investments, or debts, calculating the value and deciding who gets what is rarely straightforward. If you and your spouse cannot agree on major assets or liabilities, the matter may need to go before a judge.
Contested divorces tend to make the most sense financially when:
From our office in San Antonio, we provide legal help to clients throughout Central Texas, including Converse, Seguin, Selma, Windcrest, Schertz, Live Oak, New Braunfels, Alamo Heights, Balcones Heights, Castle Hills, Hollywood Park, Shavano Park, Leon Valley, Helotes, Boerne, Bexar County, Comal County, Kendall County, Guadalupe County and Medina County.
Results listed are not a guarantee or indication of future case results.
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