You have to prove your case. At the end of the day no matter how many horrible accusations are traded between you and your ex it is your Woodlands Divorce Attorney’s job to prove your case with the evidence. If a certain piece of evidence is not legally admissible then it cannot be used to prove your case or used against you. Hearsay evidence is generally not allowed, even in a Woodlands divorce case and even if the evidence is offered by the Attorney General. In a recent child support case a trial court allowed hearsay evidence from the Attorney General’s office, but did not exclude it under a narrow exception to the hearsay rules. Let’s take a closer look at what happened.

The Arguments on Appeal

The father in this was is A.J. A.J. argues that the trial court admitted inadmissible hearsay to prove his 2004–2007 earnings for the purpose of calculating child support. The Attorney General argues that Hardy can testify on the basis of hearsay sources because she qualifies as an expert per the Texas Rules of Evidence.

The Court’s Analysis

The trial court found where the parties have adequately complied with their discovery obligations, experts can generally testify regarding their opinions and give the reasons they hold their opinions without prior disclosure of facts or underlying data, unless the court orders otherwise. Trial courts are Read more…

Child support is a critical issue in many Woodlands divorce cases. We previously discussed how the child support guidelines function in a situation where the parent paying child support has net resources below $7,500 per month. If you have more than $7,500 per month in net resources then your Woodlands Divorce Attorney must analyze additional facts to determine how much child support you may pay or receive. Call us at (832) 426-3913 today if you need help with your child support issue.

The Family Code

1. If the obligor’s net resources exceed $7,500, the court shall presumptively apply the percentage guidelines to the portion of the obligor’s net resources that does not exceed that amount. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
2. The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor’s net resources provided by Section154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.

How Does it Work?

The court must first determine Read more…

The Child Support Guidelines are a starting point. They reflect what the divorce court presumes to be in the best interests of your children. However, like many presumptions in the law, your Woodlands  Divorce Attorney can help you attempt to rebut the presumption if it is appropriate that you receive more or pay less child support than what the guidelines provide for.

What Will the Court Consider?

Once your Woodlands Divorce Attorney is able to successfully rebut the presumption that the standard guidelines should apply the court should consider Read more…

A household where one or sometimes both parents are disabled faces many challenges. Trying to make ends meet on a modest income is never easy. After a divorce in Montgomery County, Texas there may be a new monthly expense, child support. How does a parent receiving disability benefits afford child support? How does your child get the support it needs if one parent is unable to work and receiving disability benefits?

Many families have faced this issue before. The general rules is that if the child Read more…

Resources.

Before even trying to figure out what a parent can pay as child support in Montgomery County your Woodlands Divorce Attorney must establish the parent’s resources. There are many different resources that the Conroe divorce court considers when awarding child support. Today we are going to look at one specific type of asset – the structured settlement annuity.

Structured settlement annuities are used to settle personal injury claims. In many ways they behave like a normal annuity that you might buy from a bank, but is it a resource for child support?

Should the entire payment be included as a resource?

Should none of the payment be included as a resource?

Should part of the payment be included as a resource?

The appeals court recently ruled on a case where they had to decide Read more…

Circumstances change as years go by, and if you are responsible for paying child support or are entitled to received child support you have the opportunity to modify the existing child support order in certain circumstances.

The divorce court may modify a child support order, including an order for health-care coverage, if

1. the circumstances of the child or a person affected by the order have Read more…

A child support order in Montgomery County usually ends when the child reaches the age of 18. Families caring for a disabled child face special challenges and the law allows for child support to continue past the age of 18 in the case of a disabled child. In fact, a court can order child support indefinitely.

Does your child have to be in an institution?

No, a court can issue a support order regardless of if your child is at home or in a facility.

What is required to obtain child support for a disabled child?

Your divorce attorney in The Woodlands must prove to the court that your child requires substantial care and personal supervision because of a mental or physical disability and will not be capable of Read more…