How Much Spousal Maintenance?

The standard the court uses in setting spousal maintenance is to provide for the minimum reasonable needs of the spouse eligible for alimony, considering employment or property received in the divorce or otherwise owned by that spouse that contributes to the minimum reasonable needs of him or her.

There is a limit on how much spousal maintenance can be awarded in a Woodlands divorce case. The monthly limit is the lesser of

1. 20 percent of the spouse’s average monthly gross income; or
2. $2,500;

Department of Veterans Affairs service-connected disability compensation, social security benefits and disability benefits, and workers’ compensation benefits are excluded from spousal maintenance.

How Long Can Spousal Maintenance Last?

Spousal maintenance is temporary and does not last forever. A court:

1. may not order maintenance that remains in effect for more than three years after the date of the order; and
2. shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to meet the spouse’s minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill, unless the ability of the spouse to provide for the spouse’s minimum reasonable needs through employment is substantially or totally diminished because of: (A) physical or mental disability; (B) duties as the custodian of an infant or young child; or (C) another compelling impediment to gainful employment.

When Does it End?

Spousal maintenance payments can end early if certain conditions arise. These conditions are:

1. the death of either party or on the remarriage of the person awarded maintenance payments.
2. After a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.

Related posts:

1. The Basics of Alimony in The Woodlands
2. Child Support and Disability Benefits

Alimony is not automatic once your marriage crosses the 10 year mark. There are several additional key criteria that must be established before a judge can order alimony. Specifically, the spouse seeking support must show that he or she lacks sufficient property to provide for his or her minimum reasonable needs and that he or she either:

1. is unable to support himself or herself after the divorce through appropriate employment because of an incapacitating physical or mental disability,
2. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home, or
3. clearly lacks earning ability in the labor market to provide for his or her minimum reasonable needs.

Pursuing alimony is an uphill battle. Even if you or your spouse passes the test described above there is a second test. The Texas Code has a statutory presumption against alimony based on a marriage of ten years or longer. In order to rebut this presumption, the requesting spouse must show

1. he or she has diligently sought suitable employment or
2. has diligently attempted to develop the necessary skills to become self-supporting during separation and during the pendency of the divorce suit.

The requirement of complying with the diligent job search or skills development is excused if the spouse seeking maintenance is prevented from seeking and holding employment or becoming self-supporting because he or she has an incapacitating physical or mental disability or is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary that the spouse not be employed outside the home.

Speak with a Woodlands Divorce Attorney today if you need help resolving an alimony issue in your Woodlands divorce.

About the Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. How Much Alimony for How Long?
2. Child Support for a Disabled Child

Many families have faced this issue before. The general rules is that if the child receives benefits as a result of the parent’s disability, then the parent should be eligible for a child support reduction. The amount of the reduction is equal to the value of benefits the children receive from the disability benefits program. If the child does not receive benefits as a result of the parent’s disability, then the disabled parent may not qualify for this reduction. In either case, your the Woodlands Divorce Attorney can explain to you the impact of disability on your divorce case.

The specific process the Conroe Divorce Court will follow if disability benefits and child support are contested issues in your Woodlands Divorce are:

1. First, the court will determine if the parent has a disability and if the parent is required to pay child support;
2. Second, the court will determine if the child receives benefits as a result of the parent’s disability;
3. Next, the court will apply the child support guidelines to determine the amount of child support that would be ordered under the child support guidelines regardless of the parent’s disability; and
4. Lastly, the court will subtract from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the parent’s disability.

Speak with a Woodlands Divorce Lawyer today if you need help figuring out the impact one parent’s disability will have on your divorce case.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. Child Support for a Disabled Child
2. Modifying a Child Support Order
3. Your Child Support and the Attorney General

The Collaborative Divorce process in The Woodlands and Montgomery County has several stages, but you might notice they are quite different from the stages of a contested divorce. The stages of a Collaborative Divorce are:

1. Determining your goals and interests;
2. Information gathering;
3. Development of settlement options to achieve your goals;
4. Evaluation of the options; and
5. Negotiation of the settlement.

Which Process Do You Prefer?

Collaborative Divorce is a valuable alternative if you want to avoid an unpredictable court fight with your ex-spouse. Speak with a Woodlands Collaborative Divorce Attorney today and learn about your options to achieve your goals.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Collaborative Divorce Agreement
2. What Is Collaborative Divorce?

Unless limited by court order, each parent appointed as a conservator of a child has the following rights and duties during the time that the parent has possession of the child:

1. The duty of care, control, protection, and reasonable discipline of the child;
2. the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure;
3. the right to consent for the child to medical and dental care not involving an invasive procedure; and
4. the right to direct the moral and religious training of the child.

You will both have these rights and duties during possession unless additional restrictions are needed and included in your court orders. Speak with a Woodlands Divorce Lawyer today if you need help protecting your parental rights during or after your divorce.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. Parental Rights After Divorce
2. The Standard Possession Order Part 2
3. The Standard Possession Order Part 1

During your marriage you both had a voice in determining where you and your child would live. One of the changes that accompanies every divorce in Montgomery County is that only one parent will have the exclusive right to determine the primary residence of your child after your divorce is final. This has the potential to be very disruptive to maintaining a relationship with your child and is something you should discuss with your Woodlands Divorce Lawyer.

What If You Are Joint Managing Conservators?

The rule is the same. When the divorce court appoints joint managing conservators, the court must designate the conservator who has the exclusive right to determine the primary residence of the child and must either establish a geographic area within which the conservator shall maintain the child’s primary residence or specify that there are no geographic restrictions.

Speak with a Woodlands Divorce Lawyer if you have concerns about where your child will live after your divorce.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

No related posts.

If the possessory conservator resides more than 100 miles from the residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1) either regular weekend possession beginning on the first, third, and fifth Friday as provided under the terms applicable to parents who reside 100 miles or less apart or not more than one weekend per month of the possessory conservator’s choice beginning at 6 p.m. on the day school recesses for the weekend and ending at 6 p.m. on the day before school resumes after the weekend, provided that the possessory conservator gives the managing conservator 14 days’ written or telephonic notice preceding a designated weekend, and provided that the possessory conservator elects an option for this alternative period of possession by written notice given to the managing conservator within 90 days after the parties begin to reside more than 100 miles apart, as applicable;

(2) each year beginning on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation;

(3) if the possessory conservator:

(A) gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B) does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6 p.m. on June 15 and ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory conservator written notice by April 15 of each year the managing conservator shall have possession of the child on one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (3), provided that if a period of possession by the possessory conservator exceeds 30 days, the managing conservator may have possession of the child under the terms of this subdivision on two nonconsecutive weekends during that time period, and further provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(5) if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator may designate 21 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each, during which the possessory conservator may not have possession of the child, provided that the period or periods so designated do not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Is The Standard Order Right For You?

The Standard Possession Order is what it is, a standard order that may or may not be appropriate for your child and for you. It is not perfect, and in some cases it may be flat out wrong. Unfortunately many judges rely on the standard order when they are left to make a decision on visitation. If you want to keep this vital decision in your hands and not the hands of a judge that knows nothing about you then Collaborative Divorce may be an option for you. Speak with a Woodlands Divorce Attorney and start working towards your goals today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Spring, Montgomery, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Standard Possession Order Part 1
2. Parental Rights During Visitation
3. What Is A SAPCR?

When will your ex-spouse get to see your child?

These are very important questions for anybody going through divorce in Montgomery County, Texas. Whenever possible, your Woodlands Divorce Attorney will work to reach an agreement that you can be satisfied with. If your divorce attorney cannot negotiate an agreement with your ex-spouse then the final decision will likely be made by the divorce court judge. In those cases, the judge will be guided by the Standard Possession Order that lawmakers put in place as presumptively in the best interest of your child (whom they know nothing about).

For Parents Who Reside 100 Miles or Less Apart

(a)  If the possessory conservator resides 100 miles or less from the primary residence of the child, the possessory conservator shall have the right to possession of the child as follows:

(1)  on weekends throughout the year beginning at 6 p.m. on the first, third, and fifth Friday of each month and ending at 6 p.m. on the following Sunday except that, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, the weekend periods of possession specified by this subdivision that occur during the regular school term shall begin at the time the child’s school is regularly dismissed and end at 6 p.m. on the following Sunday; and

(2)  on Thursdays of each week during the regular school term beginning at 6 p.m. and ending at 8 p.m., or, at the possessory conservator’s election made before or at the time of the rendition of the original or modification order, and as specified in the original or modification order, beginning at the time the child’s school is regularly dismissed and ending at the time the child’s school resumes, unless the court finds that visitation under this subdivision is not in the best interest of the child.

(b)  The following provisions govern possession of the child for vacations and certain specific holidays and supersede conflicting weekend or Thursday periods of possession.  The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

(1)  the possessory conservator shall have possession in even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school’s spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in odd-numbered years;

(2)  if a possessory conservator:

(A)  gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 days beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, to be exercised in not more than two separate periods of at least seven consecutive days each; or

(B)  does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 30 consecutive days beginning at 6 p.m. on July 1 and ending at 6 p.m. on July 31;

(3)  if the managing conservator gives the possessory conservator written notice by April 15 of each year, the managing conservator shall have possession of the child on any one weekend beginning Friday at 6 p.m. and ending at 6 p.m. on the following Sunday during one period of possession by the possessory conservator under Subdivision (2), provided that the managing conservator picks up the child from the possessory conservator and returns the child to that same place; and

(4)  if the managing conservator gives the possessory conservator written notice by April 15 of each year or gives the possessory conservator 14 days’ written notice on or after April 16 of each year, the managing conservator may designate one weekend beginning not earlier than the day after the child’s school is dismissed for the summer vacation and ending not later than seven days before school resumes at the end of the summer vacation, during which an otherwise scheduled weekend period of possession by the possessory conservator will not take place, provided that the weekend designated does not interfere with the possessory conservator’s period or periods of extended summer possession or with Father’s Day if the possessory conservator is the father of the child.

Is The Standard Order Right For You?

The Standard Possession Order is what it is, a standard order that may or may not be appropriate for your child and for you. It is not perfect, and in some cases it may be flat out wrong. Unfortunately many judges rely on the standard order when they are left to make a decision on visitation. If you want to keep this vital decision in your hands and not the hands of a judge that knows nothing about you then Collaborative Divorce may be an option for you. Speak with a Woodlands Divorce Attorney and start working towards your goals today.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Spring, Montgomery, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. The Standard Possession Order Part 2
2. Alcoholism and Child Conservatorship
3. Parental Rights During Visitation

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 whether payments received as part of a structured settlement annuity are considered in the calculation of “net resources” for child support. The divorce court in this case excluded payments received from an annuity created from the proceeds of a personal injury settlement by creating a distinction between an annuity and a settlement annuity. Let’s see if they were correct.

The legal definition of resources we live with in Montgomery County includes:

all other income actually being received, including … annuities….

In addition to the definition of “resources”, the following items are not included as resources:

(1) return of principal or capital….

In this case, an annuity was purchased to pay out a settlement from a lawsuit over a span of years. The issue is whether the amounts received by the father, constituted a return of principal, which is not a resource, or whether it constitutes income that would be included as a resource.

The Attorney General relied on the simple use of the word “annuity” to claim the entire amount of every payment should be included as a resource. The father claimed no part of any payment should be included because the annuity in a structured settlement case represents a return of principal.

Correctly, the appeals court identified the critical components to an annuity, including a personal injury structured settlement annuity. In an annuity such as this one, there is a portion of each payment the represents a return of principal and a portion of each payment that represents interest. Since both sides to this case did not address this issue in the original divorce court the appeals court could not make a more detailed ruling.

Don’t make the same mistake they did and end up wasting time and money on an appeal and re-litigation in divorce court. Your Woodlands Divorce Attorney can analyze the annuity in your case to determine how much may be included as a income resource and how much may be excluded as a return of principal.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

2009-TX-0706.713

IN THE INTEREST OF A.A.G.

Related posts:

1. Child Support for a Disabled Child
2. How Much Child Support Will You Pay or Receive?
3. Your Child Support and the Attorney General

Texas law provides that each parent appointed as a conservator of a child has certain rights. Each parent has these rights unless they are limited by a court order. Specifically, a parent appointed as a conservator of a child has at all times the right:

(1) to receive information from any other conservator of the child concerning the health, education, and welfare of the child;

(2) to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child;

(3) of access to medical, dental, psychological, and educational records of the child;

(4) to consult with a physician, dentist, or psychologist of the child;

(5) to consult with school officials concerning the child’s welfare and educational status, including school activities;

(6) to attend school activities;

(7) to be designated on the child’s records as a person to be notified in case of an emergency;

(8) to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child; and

(9) to manage the estate of the child to the extent the estate has been created by the parent or the parent’s family.

This is only the starting point. Each family is different and the allocation of parental rights that may be appropriate for one family is not appropriate for another family. Speak with a Woodlands Divorce Attorney today if you need help with parental rights in your Montgomery County divorce.

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.

Related posts:

1. Parental Rights During Visitation
2. The Standard Possession Order Part 2
3. The Standard Possession Order Part 1