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Blog of David Heiman - Family Law Attorney - Divorce Lawyer

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Introduction

Folks who marry young often do not own much property beyond personal effects and, perhaps, some furniture and a motor vehicle of some sort. Throw in some idealistic notions about the assured permanency of their marriage, and you typically get a couple having little to no interest in preparing a Prenuptial Agreement to spell out their respective rights when their marriage ends (as all do, either by death or divorce). But, when that couple has been together long enough to have weathered some of life’s storms together, and perhaps accumulated some property, that couple may then want to do some planning for “what if’s.” A specific kind of Texas Marital Property Agreement, called a “Partition or Exchange Agreement,” can be entered into by that married couple, so as to provide certainty as to what will happen to them when their marriage ends (again, either by death or divorce). That is what we will be discussing today. 

As we recently discussed (here), it is only under specific circumstances that a Texas court may award spousal support to a party at the end of a Texas divorce case. If those circumstances do not exist, then the court is unable to make that award. Today, we will look at a related issue: a Texas court’s ability to award Temporary Spousal Support.

When a divorce seems likely, we often are asked about whether one spouse might be required to make support payments for the other spouse. Although, some folks call such support payments “alimony,” Texas does not have an actual alimony system. Instead, Texas law provides for “Spousal Support.” While all of the differences between alimony and spousal support are beyond the scope of this piece, suffice it to say that spousal support is a considerably more limited support system than is traditional alimony. 

So, you have a Child Support Order that you believe is no longer right for you, and you want to know if it can be changed. How can you tell?

The Texas Family Code provides that your Child Support Order may be modified if:

  • It has been three or more years since the order was established or last modified and the monthly amount of the child support ordered differs by either 20 percent or $100 from the amount that would be awarded according to the Child Support Guidelines;

We live in an age of do-it-yourselfers. Many folks paint their own homes, prepare their own taxes, and, work on their cars; all by themselves. This makes sense when the task or project to be accomplished can be done as competently by a non-professional, as by a professional. Some divorce cases fit that profile, and others do not. Let’s see when it makes sense to do your own divorce, and when it doesn’t.

About Us

The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. We have been proudly serving clients, primarily in Denton County, for over 25 years.

Office Hours

Monday-Friday 8:30 am to 5:00 pm
Saturday Appointments Available

Contact Info

Lewisville Office
405 State Highway 121 Byp Ste A250
Lewisville, TX 75067

  (469) 948-4764

 

Frisco Office
2770 Main Street
Frisco, TX 75033

  (214) 269-9601

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