Going through a divorce or a custody battle is emotionally draining and can be an extremely difficult time in anyone’s life. There are many factors in determining the division of property as well as determining who the custodial parent will be.
Divorce
When a marriage ends, whether it was your choice or not, your rights, relationships, and responsibilities will be determined by the facts of your divorce. Child custody issues and high-asset property division will usually add complexity to the divorce on top of the already complicated matter.
During a divorce, all property and debt accrued during the marriage will be divided as the court seems just and fair which is usually 50/50. Sometimes, a court may award a higher percentage if the court finds that a spouse was at fault for the divorce.
Many people tend to focus on the assets and ignore the debt when inquiring about the divorce process. However, it is crucial to address the community debt. Failure to do so may result in one person taking all of the debt and getting only half of the asset. For instance, if your mortgage is in your name only, and your spouse is awarded the house, you may be stuck with the mortgage once your divorce becomes finalized. That means your credit will be ruined when your ex-spouse decides to stop paying the mortgage and a divorce decree will not protect you.
At the Midani Law firm, we make sure that our client’s interests are protected. We go through our client’s financial status to ensure that our client is not taken advantage of by the legal process.
At The Midani Law firm, we work closely with our clients to ensure that our clients understand the legal process. We work with our clients to strategically achieve the desired outcome.
Child Custody
There are several layers to Child Custody issues but as a general rule of thumb, the court considers what is in the best interest of the child. The court considers the child’s living condition with one parent versus the other. This includes but is not limited to the child’s emotional connection with the parent, the parent’s work schedule, whether the child has to move, and other factors that may influence the child’s emotional, physical, and psychological wellbeing.
While it has been common for women to be awarded the custodial parent, there have been many cases where the men have been awarded custody. Regardless of gender, it all comes down to the best interest of the child.
SAPCR
We strongly recommend filing a SAPCR for those who are not married but living together with a child. It is important to have a court order recognizing the parent child relationship because without a court ordered visitation schedule, one parent can run off with the child and not be held criminally liable. It is easier to receive help from law enforcement if there is a court ordered visitation schedule that gives one parent superior right to the child over the other. The court ordered visitation schedule can prevent one parent from withholding the child from the other.
Child Support
Child support is regulated by the Family Code in Texas. Generally, child support is determined by the non-custodial parent’s income. Child support may increase or decrease depending on the child’s health insurance and on the visitation schedule of the non-custodial parent.
While there are guidelines to determine child support, the parents can mutually agree to an amount they seem fit. There are cases where neither parents pay child support but there may be certain requirements depending on the County and Court.