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Ramos Law Group Blog

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.

How Do I Change My Child’s Name In Texas?

Posted by Mary E. Ramos | Divorce, General

If you desire to change your child’s last name, there are procedural steps that must be followed. In Texas a parent must petition a court to legally change a child’s name. This petition must include the present name and residence of the child, the reason the name change is requested, the full name requested for the child, whether the child is subject to continuing exclusive jurisdiction of a court, and whether the child is subject to the registration requirements under Chapter 62 of the Code of Criminal Procedure.

If I Decide To Divorce, Do I Have To Share My Lottery Winnings With My Spouse?

Posted by Mary E. Ramos | Divorce

In Texas, income created during the marriage is considered community property. Community property must be shared with one’s spouse during a divorce. Gambling winnings gained during the marriage are considered community property even if the gambling was funded by one spouse’s separate property. In other words, even if a lottery ticket is purchased with one spouse’s separate money, the winnings must be shared with the other spouse. Additionally, interest payments received during the course of a marriage are also considered community property.

Get Help With Parental Alienation Syndrome – PAS

Posted by Mary E. Ramos | Child Custody, Divorce, Parental Alienation Syndrome, Visitation and Access

Parental Alienation Syndrome (PAS) is the deliberate attempt by a parent to destroy the relationship between their children and the other parent. The alienating parent’s goal is to destroy the children’s bond with the other parent and establish themself as “the best parent.” Parental Alienation Syndrome does not occur over night. It is a systematic process which ultimately results in the destruction of a child’s relationship with the other parent. PAS is frequently observed in hotly contested child custody cases and it is important that parents and attorneys are vigilant as to the symptoms of PAS.

What Are The Requirements For Above Guideline Child Support?

Posted by Mary E. Ramos | Child Support, Divorce

Texas child support obligations are calculated using a percentage of your net resources, that percentage being based on how many children one has an obligation to support. Unless there are additional circumstances, as outlined below, a court cannot order a party to pay above Texas Guideline child support amounts as dictated by the Texas Family Code. There are special circumstances where a court will order a party to pay child support obligations above the guideline amount. Texas Family Code §154.123 states the court shall consider the following factors when deciding if guideline child support is applicable:

Should I Agree To Pay Above Guideline Child Support?

Posted by Mary E. Ramos | Child Support

This is NOT advisable for several reasons. First, the ordering containing a child support obligation could ostensibly be in effect for many years, depending on the age of the child when it is first submitted to the court. Second, costs of living increase, people have more children, jobs are lost, two incomes become one; there are a variety of events that could cause a party to regret agreeing to pay a higher amount of child support than guideline amount. Third, there are penalties associated with failure to pay child support obligations; a person does not want to set themselves up for criminal or punitive sanctions for failure to pay if they could have avoided it by paying the guideline amount.

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