Michelle May O'Neil's Answers

Porperty after date of filing divorce

Community property includes all property gathered by either spouse during the marriage. Under Texas law, you are married until the divorce is declared finalized by the judge. So, anything that you acquire even after you have filed for divorce will be community property. A divorce judge through a request for temporary orders may, in some circumstances, provide temporary child support and/or spousal support until the divorce is final. Good luck!

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My net income is down this year with the recession. How do they determine what income to use for child support in Texas?

Child support in Texas is a mathematical formula based mainly on your income. The state guidelines apply a set percentage based on the number of children you have (20% for one child, 25% for two children, etc) to your net resources. Net resources isn't exactly the net you see on your paycheck, but a net calculated on factors set out in the Texas Family Code. Because child support is a backwards-looking calculation, the courts usually look at the last two years of income. If there has been a...

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My husband pays $1500 a month to his ex for his two kids. We just had a baby is there anyway to get his support reduced?

If the new child wasn't considered when the previous child support figure was set, he may be entitled to a reduction of the percentage applied to the net resources under the TExas child support guidelines. He could apply to the court for a reduction based on decrease in income and based on the new baby. If he doesn't know how to do this on his own and cannot afford a private attorney, he could request the Attorney General's office to conduct a review of his obligation.

My husband owed 10K in child support. He has paid over 10,000.00 but they demand he keep paying. What can we do?

It sounds like your husband was in arrears and has been repaying past due child support. Likely that the arrearage has been accruing interest all of these years, which can be substantial. You can request the Attorney General to do a review to determine what he's paid and what he still owes.

Is it possible in Tx to receive protected child support before a legal divorce has been decreed?

Child support can be established separate from a divorce. An original suit affecting the parent child relationship can be filed for that purpose without having to ask for divorce. The Attorney General will help her establish child support without charging her a fee. She can also contact Legal Aid for assistance if she qualifies on income.

My wife and I are both very young. Went through a lot of financial stress leading to a no fault divorce.Can the judge say no?

In Texas, a divorce may be granted, even over the objection of one spouse, just because one spouse wants out. You can request marital counseling and the judge may order both parties to attend one session. But, unless you both agree to attend further counseling, usually a judge cannot force counseling where it is not wanted.

In Texas, does "joint tenancy" property purchased prior to marriage become "community property" after marriage?

Short answer... no. Long answer... property purchased before marriage is the separate property of the spouse. Property can't magically become characerized as something it's not. If you purchased the house before marriage together, then you own it half-and-half as separate property (or according to whatever percentage you may have specified at the time you bought it).

In Texas, married for 3 y, husband purchased home 1 y before marriage, wife pays every bill, he left residence,who gets the hous

Who gets the house in a divorce will be determined by whether the house is characterized as community property or separate property. Separate property, as defined by the Texas Constitution, is that property that a spouse obtained before marriage or through gift or inheritance. The inception of title rule says that, with real property, the characterization as community versus separate is determined when the spouse had title in his or her name. So, if the husband had title to the house before...

Commingled property Vs community Property vs personal property in Texas

You definately need to consult a family law attorney regarding your situation to help you sort out your property. The divisible property upon divorce is only what was created during the marriage, so with a short term marriage that amount should be small to start with. Then you can ask the judge to adjust based on various equitable factors, such as the situation you describe.

Can a father sign over his rights to avoid paying child support?

Before an order terminating a parents rights may be granted, the judge must find such an order to be in the child's best interest. In my experience, most judges do not find a termination of parental rights to be in a child's best interest in such a circumstance unless there is another man standing willing to adopt and support the child.