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
- 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…
Voluntary underemployment is a big issue in some divorces. Occasionally, one party to the divorce may try to lower their child support obligation by reducing their income. This is because in most cases the divorce court presumes the child support guidelines are proper. If you suspect your spouse has reduced their income intentionally to reduce child support or other court ordered payments you may be dealing with a case of voluntary underemployment.
Proving voluntary underemployment is important because it allows the family court to deviate from Read more…
Child support payments are often a critical issue in divorce cases filed in the Conroe or Houston Family Law Courts. The parent with custody wants the support payments high enough to help with the costs of raising the child(ren) and the parent without custody wants to be sure the payments are being used for the child(ren). Fortunately, Texas Law provides a starting point for determining child support amounts for cases in Houston and Conroe.
The table below shows the amounts the Court initially considers fair. One critical element your Conroe Divorce Lawyer will work on is determining the Obligor’s Read more…
The Attorney General has some enforcement authority to pursue assets to satisfy child support obligations. Sometimes they go too far.
In The Interest of R.C.T. 2009-TX-0408.559 gives us an example of when a Texas Attorney General goes too far to collect assets for child support. In the case, the husband and wife agreed to a figure of $9,024 that the husband owed in retroactive child support. The Court also approved an agreement for the husband to repay the retroactive support by monthly installments of $150. The Attorney General was not satisfied with this resolution.
The Attorney General did not want to wait for monthly installments of $150. After the Court approved the order, the Attorney General Read more…
