Child Support in Texas: So Many Questions!

Every week, it seems that several people ask me what they ought to be paying in child support, or how to change the amount of child support in their case. Child support is one of the most hotly contested matters in many Texas divorces, and often remains a bone of contention until the child is no longer eligible for child support.

In a series of topics in this blog, we’ll go over some of the most frequently asked questions about child support in Texas. The answers will be generic; you should always consult a family lawyer about the facts concerning your specific situation before making any decisions about setting, modifying or enforcing child support in your case.

By:  Cynthia W. Veidt, cindy@lpvlaw.com

What is the Alternative to Joint Managing Conservatorship (JMCs) in Texas?

In Texas, when parents are not appointed as “joint managing conservators” or “JMCs” for their children, one parent is appointed as the “sole managing conservatory” or “SMC” – this is the parent who receives the exclusive rights to make decisions about medical care, mental health care, and educational decisions, as well as the exclusive right to determine the child’s primary residence.  See Tex. Family Code § 153.132.

The other parent is appointed as “possessory conservator” or “PC”.  This parent has a much more limited ability to make decisions about the child’s welfare and upbringing.  See Tex. Family Code § 153.192.

However, even in situations where one parent is an “SMC,” and the other parent is a “PC,” the court will enter a standard possession order under which each parent has very similar periods of possession/custodial time, unless the courts finds a compelling reason to limit the PC’s periods of possession in the child’s best interest.  Texas’ public policy (as enacted in our statutes) encourages frequent contact between a child and each parent in order to permit the child to develop a close and continuing relationship with that parent.  See Tex. Family Code § 153.251(b).

Article by Cynthia W. Veidt, Attorney

What is the Texas Standard “Weekend Possession” Schedule in Texas?

Texas has adopted statutes which set out guidelines for a “Standard Possession Schedule” of a child by each parent.  A typical possession order determines which parent has the right to possess the child on a particular weekend.

In general, under Texas guidelines, a possessory conservator who resides 100 miles or less from the other conservator (with whom the child primarily resides) can do the following:

- have possession on weekends throughout the year beginning at 6:00 p.m. on the first, third, and fifth Friday of each month and ending at 6:00 p.m. on the following Sunday; and

- have possession on Thursdays of each week during the regular school term beginning at 6:00 p.m. and ending at 8:00 p.m., as long as the court finds that visitation in the best interest of the child.

In cases where the parents reside over 100 miles apart, the possessory conservator can either:

- have the same weekend possession schedule as a parent who lives within 100 miles, or

- can designate one weekend (which could begin on the second or fourth Friday) per month, so long as s/he does so at least 14 days in advance.  This provides the possessory parent a little more flexibility, but somewhat less possession time. 

Also, when residing more than 100 miles apart, the possessory parent no longer receives an overnight visit during the week (usually on Thursdays), but instead is entitled to have possession of the child during every spring break vacation.

By:  Cynthia W. Veidt and Erin Zeiss.

What is the best interest of the child in Texas?

During a family matter in Texas Courts, when there are children involved, judges time and time again go by the statute where "the best interest" of the child is what matters. The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child. Tex. Fam. Code Ann. § 153.002

What does this means? For the most part, Courts take in consideration many factors, in order to arrive at what Courts deem "the best interest" for the children. Many times, this is easier said than done.

Can Court get the wrong factors when deciding the "best interest?" They could and some times they do. That is why you need a lawyers that will fight for yours and your children rights.

Our San Antonio Lawyers are here to help you with your family matter. We can help you with a divorce, child custody, child support, adoptions, CPS cases, and many more areas of law. You need a lawyer that understand your position and perhaps has been there before.

Come and see us, and you will know why you should have our law firm help you with your legal needs. We are San Antonio Family Attorneys that can help you with your legal needs.

When you cannot afford an attorney in Texas, but need a divorce, Cheap Texas Divorce can help you!

Need a lawyer in San Antonio?

Our San Antonio Lawyers are here to help you when you need legal help! Because of the size of our law firm, we can provide each client a personalized service and we treat our clients like family. We are not here to only settle your case, we are here to help.
Since we handle most areas of law for the San Antonio community, we can provide our clients with great results as well as the ability to hear our clients concerns.  When you have a legal need, our law firm is here to provide you the protection that you deserve.

Come and see us, and you will knwo the difference from the moment that you walk through our doors. Your initial consultation is ALWAYS FREE! You can call us at (210) 979-9777.

How to Change Your Name in Texas

Most name changes occur when an individual either gets married or divorced; however, for various reasons, people may desire a name change at other points in their lives. In Texas, it is possible to change your name in a separate proceeding. The process to change an adult’s name is different than that to change a child’s name and this article will only address the procedure to change an adult’s name. Please visit our blog again later to for information on how to change a child’s name.

For an adult, to change your name you must follow the correct procedure and meet all requirements. The person seeking a name change must first file a petition in the district court in their county of residence. The petition must include very specific personal information such as your date of birth, social security number and a set of fingerprints. This personal information is required because the court must find that the person seeking the name change is not seeking it to avoid legal problems such as criminal convictions or evading debts. After the petition has been filed, the person seeking the name change will need to appear before the judge and give testimony regarding the personal information in the petition. At that time, if the judge finds no problems, he will sign an order changing your name.

After an order changing the name has been signed by the judge, that person should notify the appropriate governmental agencies such as the Social Security Agency and Department of Motor Vehicles to obtain a new social security card and driver’s license. You should also notify relevant private organizations such as credit card companies, banks, employers, and insurance providers. If any agencies or companies require proof of the name change, a certificate can be obtained from the district court clerk.
Blog by Sarah F. Berry http://www.carylippincott.com/Attorney_SarahBerry.php

Need a divorce, come see us!

Our lawyers have been helping people going through divorce in San Antonio and in Bexar County. We understand that divorce is a difficult time, and you need some one to care about your legal needs.

The Baez Law Firm has experienced attorneys that will fight for your rights and the rights of your children in court. Let our experience guide you through this difficult time in your life. Many times our attorneys advise clients that divorce is not the only option. This is why we say, we will treat you with respect and dignity.

To us, you are not a number, you are almost family. The divorce is between spouses, never between the children, so we let our clients know that. We care about your legal needs. When you are facing a divorce in San Antonio, come and see us!

Need a family lawyer, come and see us!

Our San Antonio Lawyers have been helping people in Bexar County with their family law issues. We do this because, we care about your legal needs! When you are facing family issues in your family, you need advice and counsel.

For most of us, our family members will try to give us that advise, but most of the time, it’s not the best legal one. Families will look after one another, sometimes without knowing the legal consequences. Although family advice is crucial, legal advice its indispensible.

So, when your need a family lawyer, come and see us at The Baez Law Firm, P.C. Let our lawyers fight for your rights! Let us advise you on the best course of action on your case. We have helped thousands of families’ resolve their legal issues, including reconciliation between spouses.

We are not only divorce lawyers, we are lawyers that care about families and values. We care about your legal needs!

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The Baez Law Firm is a general practice law firm that cares about your legal needs. Since we handle most areas of law, our clients benefit from a variety of services in one place. We call this, the one stop shop for legal services.

Help us select our logo! We believe that the more people help us with our selection, the more impact will be made across Texas. Please select from choices one, two or three.

Our lawyers can help you with your criminal case, family case, personal injury case including malpractice, police brutality or auto accident. We handle appeals, litigation and bankruptcy in general . Come see us, and let us help you with your legal needs.

Need a divorce, come see us

Our firm has been helping families going through divorces in Texas. Our attorney take your case seriously, and will treat you with respect and dignity. We understand that you are going through a tough situation, and you don't need any more stress in your life.

We believe that, every person has a constitutional right to legal representation, specially during a divorce. Because the law is so particular in Texas, a good family law attorney is needed for your family matter, regardless of the comprehension that a person has of the law.

During this time, our attorney will evaluate your case, and tell you the best possible solution to your legal problems that are involved during divorce proceedings. Always remember this, you and your spouse are divorcing each other, but you are never divorcing your children.

Come see us, and you will know the difference from the moment that you walk through our doors. Your initial consultation is always free. Our lawyers are top rated in San Antonio.

We are here for you

Our law firm has been helping the injured, the innocent, the victim and the one's with the most needs. We help victims of accidents, victims of police brutality, victims of negligence and many more victims in San Antonio.

We have expert attorneys that will fight for your rights in Court. We have represented injured people throughout Texas, specially in San Antonio, when the insurance companies do not want to deal with you. Don't face them alone, we are here to help you.

Whether your need is auto accident, a divorce, bankruptcy or criminal defense, our San Antonio lawyers and attorneys care about your legal needs. Visit our websites: www.thebaezlawfirm.com www.san-antonio-lawyer-attorney.com www.sanantoniopersonalinjurytriallawyers.com or call (210) 979-9777 BECAUSE "We care about your legal needs!"

Recent Famly Law Change: No Written Designation by Child

The Texas Legislature made many revisions to the Texas Family Code during the 81st Legislative Session. Formerly, children age 12 and older could file a written designation stating which parent he or she would prefer to live with. While this preference was not binding on the court, the judge would consider it among other factors. Under the recent changes to the Family Code, if the child wishes to express a preference, the child must speak to the judge in chambers rather than submitting a written designation.

Are you a legal assistant, we need you

The Baez Law Firm, P.C. is looking for a new legal assistant. We prefer have an assistant that knows about family law, but any other areas would help as well.

If you think that you got what it takes to work with a high pace, general practice law firm, send us your resume, references along with a letter of intent.

Applicants with litigation experience are a plus. If you have dealt with discovery, motions, pre trial and trial, your chances are very good.

Come see us, to see if you got what it takes.

San Antonio auto accident lawyers and attorneys

The Baez Law Firm, P.C. is a general practice law firm that handles auto accidents and personal injury for our clients. Our attorneys have helped thousands of people in Texas with their injuries and have recovered what the clients deserved for their settlement.

Insurance companies have lawyers handling their case, and so should you. If you have been injured by an accident, please contact us. You have a limited time to act, or the insurance company will start penalizing you for your delay.

We handle other areas of law as well. Areas such as family law, business law, consumer law, criminal law, appeals. Come see us, and you will know the difference from the moment that you walk through our doors. Your initial consultation is always free.

Accused of a crime, come see us

Our law firm has been helping the wrongfully accused in Bexar County, San Antonio and in Texas. We believe that every person deserves a fair chance, including in the criminal courts. The State is going to have a platoon of qualify attorneys handling their cases as prosecutors and so should you.

Our law firm is well known for letting juries know that, people are innocent until proven guilty, and not the other way around. Our trial attorneys will insure that your case is presented fair and with dignity to the jury.

Our lawyers handle jury trials in State and in Federal Court. Let our experience count for you, and let our attorneys take your case to trial and to victory. We handle each case personally by a qualify attorney, and we will give you the personal attention that you deserve.

The Baez Law Firm, P.C. is a general practice law firm in Texas that handles criminal law, family law, business law, personal injury, consumer law, appeals, bankruptcy and many more areas of law. Come see us, and you will know the difference from the moment that you walk into the door. Your initial consultation is free.

Visit us at our website www.TheBaezLawFirm.com or call (210) 979-9777, we care about your legal needs!

Visit our websites

The Baez Law Firm, P.C. has several websites available for our clients. These websites were created to help our client understand legal issues, get the latest legal news, and for the benefit of our community. Our staff search and keep track of the latest information for our clients.

As a service to our community, we provide free legal advise to people all over the nation. See us at AVVO, Law Guru, LinkedIn, Twitter, Blogg#1, Blogg#2. We talk about issues that other are not willing to tackle. And we always keep our clients informed about their cases.

We are a general practice law firm capable of handling any legal matter. Our lawyers, will handle your case with dignity and respect. Come see us, and you will know the difference from the moment you walk into our doors, your initial consultation is always free.

Austin Divorce Lawyer Tips about Common Law Marriage.

Many people believe that they can become married by virtue of only living together. "I have lived with my boy/girl friend for the last 12 years, do we have to get a divorce?" Although the answer to this question is relatively simple, there are some complications that you should keep in mind.

A common law marriage (or "Informal Marriage" as it is called in Texas) can be established in two ways:

(1) By the actual signing of a "Declaration of Marriage" under Texas Family Code, Section 2.402 -- by signing the Declaration, the law will treat the parties as having been married for all purposes; or,

(2) By creating an Informal Marriage under Texas Family Code, Section 2.401 (a) (2).

Under the second scenario, the Informal Marriage is created by: (a) forming an agreement that the parties are to be married, (b) by living together (or "co-habitating"), and (c) by holding themselves out to the public as being married. It also bears noting that the parties must have been "unmarried" at the time of their agreement. If they were actually married, then the second marriage would be void under Texas Family Code, Section 6.202. Interestingly, you could overcome the impediment to marriage by actually ending the prior marriage(s) and then continue living together as husband and wife (and continue holding yourselves out as being married), then the marriage would be essentially ratified under Texas Family Code, Section 6.202(b). It is also important to note that in order to have the requisite consent to marriage, the persons forming the agreement to be married must be over the age of eighteen (18).

As a result, clearly you cannot become married only by living together. This is true, even if you have a child or children together. More is required. So, the answer the question: "Should we file for a Divorce if we have just lived together?" is probably "no." You should also be aware that Texas law provides for a cut-off period for establishing the common-law or informal marriage. After you have stopped living together, your "spouse" will have two years within which to "establish" the "Informal Marriage." Texas Family Code, Section 2.401(b). Significantly, this provision applies in other contexts other than just a Divorce -- perhaps, say a Probate or Administration of an Estate, too, for example.

Many people believe that after the two years is up, there is no need to get a divorce (even if they were common-law married). In my opinion, this is a bad idea. A rebuttable presumption is just that -- rebuttable. Let me give you an example that maybe you haven't thought about. You start living together with your boyfriend and at some point agree to be married, you (or he) start telling others that you are married. The law now treats you as being married. Let's take it a step further and say that you decide to separate and not get a Divorce. What happens if you have significant property? What happens if you die? You may have an incentive for the other person to file a divorce action, a challenge to your probate, or show up at an administration of your estate later on. The rebuttable presumption is nice, but this it not the same an an actual "adjudication," or court decision that is much more difficult to overcome later. To complicate matters, if you are deceased, you are not there to tell your version of events.

As a result, if you are common law married (or if there is, perhaps, any possible argument that you could be), and you decide to stop living together, it may be best to actually get a divorce. This is especially true if you either: (a) plan to get remarried -- you don't ever want to be accused of "Bigamy," under Texas Penal Code, Section 25.01, or (b) you have significant property, inheritance, life insurance, etc., and don't want to be a target for a vengeful former spouse.

Taking the law into your own hands can be very dangerous, if you have questions about how any of this works, you should seek the advice of an experienced divorce lawyer or Texas Family Law Attorney.

Why use our firm

The Baez Law Firm, P.C. has been helping San Antonina's for years. We do not participate in the hype of television, although we have several commercials on TV, we simply help people with their legal needs.

When you have been injured by another person negligence, you need to have a legal team that will take care of you. You need a law firm that will treat you, not as a number, but as a person. Our clients come from all facets of life, yet, they have one thing in common, they need legal help.

Although our law firm handles auto accidents and all personal injury cases, we also have attorneys that specialize in family law, business law, criminal law, bankruptcy, appeals and many more areas of law.

For the most part, insurance companies will be friendly with you, when you suffer as a consequence of their insurer's negligence, but do not be mislead. They are not your friends they are there to protect their investors and stockholder's bottom line, not yours. We are here for that.

Representing yourself in a Divorce Case.

Personally, I would not attempt an engine overhaul in order to get my car back on the road. I might be able to read a book and get all the parts back together. I might be able to figure out how the valves, springs and all the other parts go back together, but it is likely that there will be mistakes. Sometimes reading the manual is not enough. There is a base of engine mechanics and theory that I am missing. So when it comes time to turn the key, will the engine turn over or will the car blow up?

Just as with the engine overhaul example, most pro se litigants (or those who choose to represent themselves) do not have a base of legal knowledge to know when something is missing, when something is incorrect, or when your rights are not protected. Rather than speaking in generalities or analogies, let me give you an example.

Part of the art of practicing law is to make something that appears to be innocuous but that is greatly slanted toward the attorney's client. Sometimes the danger is in what is not said, versus what is said. Here are two examples of things that can be left out of a Divorce Decree that can have a devastating effect on the rights of the unaware.

1) Most divorce decrees are drafted so as to foster a continued relationship between parent and child. As a result, attorneys will advocate for the placement of a geographical restriction in the Decree. Most judges will order a geographical restriction if there is a request as long as it is not unduly restrictive. A commonly used restriction, is that the custodial parent is restricted to their county of residence and "any county adjoining" that county. This type of restriction allows for reasonable movement, but prevents the custodial parent from leaving the State -- or even country -- with the child. As a result, even though it looks reasonable for the custodial parent to have the right to choose the primary residence, it would be view by most non-custodial parents as unreasonable for the custodial parent to move to the other side of the world. However, if there is no geographical restriction, this is just what could happen.

2) Most divorce decrees have a "Standard Visitation Schedule," or similar schedule. There is a reason for this. The Standard Visitation Schedule says that the schedule is what happens when the parents cannot "mutually agree in advance." This means that the schedule itself (i.e. - the first, third and fifth weekends) is only when the parents cannot agree. Sometimes an attorney (or a party) will omit the visitation schedule from the Divorce Decree in favor of a "feel-good" provision that the non-custodial parent will have visitation whenever the parties "mutually agree." Although this sounds good, this provision is basically worthless. So what happens when the parents disagree? Nothing happens. The visits only occur when the custodial parent wants them to happen. So if the custodial parent thinks the non-custodial parent does not need to visit, then no visit occurs.

As a result, if you are a non-custodial parent, and your Divorce Decree omits a possession schedule and has no geographical restriction, your spouse could move to any part of the world and completely deny you visitation. You would need to then sue to try to get the Court to order your spouse to move back. My point is this -- sometimes you read these legal documents and they appear to be fair; however, appearances can be deceiving. Get an experienced family law attorney and be sure.

Mediation in a Texas Divorce or Family Law Case.

Mediation is a non-binding Alternative Dispute Resolution procedure for the settlement of disputes. "Non-binding" means that you control the outcome and are not required to settle your case. Although there is a trained mediator who "facilitates" the proceedings, there is no Judge (or Arbitrator) making a decision or imposing his or her will upon you. The mediator is neutral and will remain impartial in the proceedings, meaning that they do not "sides." You retain control as to whether, and, if so, under what terms, the case settles. The matters discussed at the mediation are confidential, so you cannot generally subpoena the mediator to testify and you cannot use what one party says (or doesn't say) at the mediation against them in Court. In a typical mediation, if the parties are not able to settle their case, then the parties still have the ability to go to the Judge for a decision.

Mediation has been a very successful method for resolving disputes in divorce and other family law cases (which could include paternity cases, modifications, enforcement actions, grandparent rights cases, and child custody cases). The only proviso is that the parties (and their attorneys) must genuinely intend to put forth a good-faith effort to settle their disputes. Most mediators also do not take mediation cases when there have been allegations of domestic violence during the relationship. In most divorce and family cases, the reality is that the parties know each other very well and -- despite what is commonly said during these highly charged cases -- have the ability to resolve their disputes peacefully and fairly. The legal proceedings are no different. Additionally, when there are children involved, the parties will have to deal with one another for many years after the legal case ends. Therefore, the amicable settlement of the dispute is very important.

Another realistic observation that can be made from sucessful mediations is that the parties are much more likely to comply with a settlement that is reached by agreement, than with a Court's order that is arbitrarily imposed upon a party.

Most of the time, the mediator will begin the proceedings in one room with all of the parties (although in some highly-contentious case, the parties stay apart the entire mediation). In the joint session, the mediator will lay out the ground rules and then allow each party (or their attorneys) to make a position statement. Although each mediator may handle things slightly differently, most attorney-based mediation models then separate the parties out into different "caucus" rooms. It is at this point that the mediator will meet with each side separately to learn more about the case from the perspective of each party. Once the mediator has a relatively good grasp of the case from each side, he or she will keep going from room to room in an effort to settle or "compromise" the case. A compromise is just that -- not the ideal outcome, but something that can be lived with in an effort to settle the dispute. If an agreement cannot be reached then at some point, the mediator may declare an "impasse."

If, however, an agreement is reached, then the Texas mediator will reduce all of the agreements to writing so that there is no confusion about what deal was struck. If all of the issues in the case are dealt with at the mediation, then usually the parties will be able to obtain Judgment based upon the written settlement agreement.