Since April 15th is approaching I thought it might be a good idea to address a common family law/tax question. The question is as follows: post-divorce which party is entitled to take the dependency exemption for the children, the person paying child support or the person receiving child support. People are frequently confused about this, in no small part because most divorce decrees are silent on the issue. Continue reading →
Child support modification is addressed in Texas Family Code Section 156.401 through Section 156.409. Whether you are the payor who is seeking a reduction or the payee seeking an increase, the standard is the same. There are two possible avenues to seek a modification: Continue reading →
A Financial Information Statement is a court-required document for nearly all temporary orders hearings and final trials in Texas divorce cases. Here is a sample Financial Information Statement so you have an idea of what they look like. The names and details used are all fictional, although the facts used are relatively typical of the issues dealt with in a Texas divorce. The sample document is based on a husband who expects to move out of the residence and pay child support. In a real case both sides prepare and submit a Financial Information Statement to the court prior to a temporary orders hearing. Continue reading →
I sometimes get asked by a divorced mom whether she is required to let her ex-husband have his visitation with the children if he is not currently paying his child support. The reasoning behind the question is that if he is not following the court order, then why should I?
Two Separate Issues Under the Texas Family Code
The answer is that yes, you must follow the court order and allow the father to exercise his visitation regardless of Continue reading →
Please note that the clients and lawyers referenced in the video and transcript are purely hypothetical and not based on actual people. If you prefer reading to watching, please see the transcript below: Continue reading →
This video goes through the process of calculating child support in a typical Texas case. If you prefer, you can read the transcript below: Continue reading →