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Author Archives: Mary E. Ramos

Is there common law marriage in Texas?

Posted by Mary E. Ramos | Divorce, General

Texas recognizes an informal marriage, or what is often called a common law marriage, in very limited circumstances. Simply living together, sharing a residence, or even having children together is not enough to create to a common law marriage, regardless of how long you have been a couple. Several specific factors must be met in order to create an informal marriage under the Texas Family Code: 1.      A man and a woman, neither of whom are married to anyone else and who are over the age of eighteen,

Have you been the victim of domestic violence during your divorce?

Posted by Mary E. Ramos | Domestic Violence, Protective Orders

Divorce is a time of extreme emotions for many people, and, unfortunately, domestic violence sometimes occurs immediately before or after a divorce filed. No amount of stress can ever justify violence, and if violence has occurred in your home you need to take actions to protect yourself, and your children. The divorce process is long and stressful, and if domestic violence has occurred once, it may happen again. The most important thing to do if you are ever the victim of domestic violence is to call the police.

Texas Family Court Records Online

Posted by Mary E. Ramos | Client Area, Divorce

Records of family law proceedings are available online in many Texas counties. Divorces are usually a matter of public record and many Texas counties are working to make such records more easily accessible to the general population. The information available online varies by county, but generally case details such as the style of the case and the names of the parties are available. Many counties also provide information regarding court costs, hearing dates, lists of all pleadings, names of attorneys involved, and even images of some court documents, like original petitions for divorce or temporary orders signed by the judge.

Effective 9/1/2013 Texas Child Support Cap Increase From $7,500 to $8,550

Posted by Mary E. Ramos | Child Support

On September 1, 2013 Texas law changed in respect to child support guidelines. In Texas, the legislature promulgates a series of guidelines to help determine the appropriate amount of child support that should be paid by the child support obligor. While the guidelines are not absolute and it is possible to receive above guideline child support, the guidelines do form the basis of most child support determinations in Texas.

Guideline Child Support Doesn’t Make Sense For My family. What Other Factors Does The Court Consider?

Posted by Mary E. Ramos | Child Support

Texas has specific guidelines related to the amount of child support that should be paid each month. The guidelines consider the income of the obligor, or the person paying child support, and the amount of children to be supported. While the amount child support is ordered is based off of these guidelines in most cases, child support can be increased or decreased from the guideline amount depending on a series of factors listed in Texas Family Code §154.123. The Court must consider all relevant factors when deviating from child support. These factors include:

The Laws About Retroactive Child Support in Texas

Posted by Mary E. Ramos | Child Support

Texas Courts may order what is known as ‘retroactive child support.’ This means that in addition to requiring a parent to pay child support going forward, a parent may be ordered to pay back child support for previous times when that parent was not helping to support the child. In order for a court to order retroactive child support, the court must first find that no previous order regarding child support was in place, or that the previous order in place was terminated prior to the time frame for which back child support is requested. If someone is ordered to pay child support and fails to do so, those missed payments are known as arrears, not retroactive child support, and a different process is in place for collecting back payments.

What Happens After Divorce Mediation In Texas?

Posted by Mary E. Ramos | Divorce, Mediation

In Texas, many cases are settled during mediation. A mediation agreement is a binding agreement signed by all parties and their attorneys that resolves all of the issues in case. Once an agreement is reached, the most difficult part of the case is over, but there are still several steps that need to be taken to finalize the agreement. First, the mediator files the agreement with the court. In most cases, the agreement is filed within twenty-four hours. In many courts, especially in cases involving child custody, one party must “prove up” the mediated settlement agreement in front of the judge.

Just Divorced? What Next? Post-Divorce Checklist!

Posted by Mary E. Ramos | Divorce

You are now divorced! What next? First and foremost, after your divorce has been finalized, several steps remain to be completed. The list below will help you sort through the many outstanding issues that may need to be addressed shortly after entering your final orders. Post Divorce Checklist: 1. Ensure that all documents related to the division of property are filed with the Court, including a qualified domestic relations order or special warranty deed.

What Happens When We Go To Court To finalize An Adoption In Texas?

Posted by Mary E. Ramos | Adoption

Finalizing an adoption in Texas is one of the few joyous occasions in a family law courtroom. Most of the family law judges in Harris County require a pretrial hearing prior to the final trial to ensure that all requirements have met and that the parents don’t show up the day of the adoption hearing only to be sent home disappointed. Once the pretrial hearing has been held and all necessary requirements have been completed, including a social study and background check of the adoptive parents, then all necessary parties will appear before the judge to finalize the adoption.

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