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When Can Child Support Be Modified Following a Texas Divorce?
A divorce will involve multiple different types of financial issues, and child support is one of the key areas that will need to be addressed. These payments will ensure that a parent will be able to provide for children’s needs going forward. However, the amount of child support that is set at the time of a divorce may need to be adjusted at a later date if parents or children experience changes in their lives. Parents who are looking to make changes to these financial obligations will need to understand when child support modifications can be made and the process that will be followed when addressing these requests.
Situations Where Child Support Modifications May Be Warranted
There are a few different types of cases where a parent may ask to modify child support. Modifications may be made if:
- At least three years have passed since the child support order was established, and calculating child support under the state guidelines based on the parties’ current circumstances would result in a difference of at least 20% or $100 from the amount that is currently being paid.
Frequently Asked Questions About Spousal Support in Texas Divorce Cases
Spouses who are going through the divorce process will need to address multiple different types of legal and financial issues. The laws surrounding divorce can be complicated, but by working with an experienced attorney, a person can gain a full understanding of their rights and obligations, and they can determine the best ways to achieve their goals. Spousal support, which is commonly known as alimony and referred to as spousal maintenance in Texas law, is one issue that spouses will often have questions about. These questions may include:
When Is a Person Eligible to Receive Spousal Support?
Typically, a spouse will only be able to receive maintenance if they do not own enough assets, including marital property awarded to them during their divorce and separate property owned independently of the other spouse, to reasonably provide for their minimal ongoing needs. If this is the case, spousal support may be awarded in the following situations:
Updated: The Risks of Selling Assets Prior to Divorce Without Your Spouse's Approval
UPDATE: To avoid financial issues during divorce, spouses should take care when making any major decisions about money or property, including entering into any major transactions. To ensure that marital property can be fairly divided between spouses, the parties should fully disclose all relevant financial information related to their marital assets, as well as all forms of separate property. Spouses should not sell, give away, destroy, or otherwise dispose of any physical items, financial assets, or other forms of marital property. If a spouse does so, they could face consequences as described below.
Unfortunately, when a person commits fraud against their spouse, this may lead to the loss of assets, limiting the financial resources that are available during the property division process. To prevent this, a spouse may ask the court to issue a temporary financial restraining order. This type of court order will prevent both spouses from making any major financial transactions or taking any actions that could cause financial harm to their former partner. Spouses will be permitted to make regular expenditures to cover the costs of daily life, and as they work through the divorce process, they can ensure that the majority of their marital assets will not be affected, allowing them to reach a settlement that is fair and equitable for both parties. If you believe that a temporary restraining order is needed in your divorce, or if you need to address other complex property issues, an Austin divorce lawyer can provide you with legal help and representation.
How Can a Protective Order Protect the Safety of Family Members?
There are many different types of situations where a person may fear for the safety of themselves, their children, or other family members or people who live in their home. Whether a person in a family has been the victim of domestic abuse, or conflict between divorcing spouses has escalated to the point of physical violence, those who are in danger of harm can take action to address this issue and prevent a person from abusing, injuring, or threatening them. People in Texas who are in this type of situation will need to understand their options for receiving a protective order that will help keep them and their family safe.
Types of Protective Orders
Those who are in need of immediate protection can file a petition in court for a temporary protective order, which is also known as an “ex parte order.” If a judge believes, based on the information contained in an application for an ex parte order, that there is a clear and present danger that a person will commit family violence, they may issue a temporary protective order without holding a hearing. This order may prohibit a person from taking specific actions, such as committing domestic abuse, contacting the petitioner or their family members, or entering a shared residence. Temporary protective orders can remain in effect for 20 days, and they can be extended for additional 20-day periods if necessary.
How Can I Address Wasted or Dissipated Assets During My Divorce?
The breakdown of a marriage will often involve strong emotions and heated disputes between spouses, and this can sometimes lead people to behave inappropriately. In some cases, a spouse will waste money or act in ways that result in the loss of marital assets. This is known as the dissipation of marital assets, and it can take a variety of forms. A spouse may make large purchases solely for their own benefit, or they may spend money while having an affair. In some cases, spouses may even purposely destroy property or otherwise waste money or assets in an attempt to harm their spouse. These actions can affect the division of marital property during the divorce process, and complex property litigation may be needed to address this issue.
Fraud on the Community
Asset dissipation is a form of fraud against the “community” of a couple’s marriage, although it will usually not result in criminal charges. In some cases, dissipation may constitute actual fraud if a person acted dishonestly with the purpose of depriving their spouse of the use of marital assets. However, in most cases, dissipation is considered “constructive fraud on the community,” meaning that a person used, gave away, or otherwise disposed of marital assets without their spouse’s consent.
Will I Be Responsible for My Ex-Spouse’s Tax Debts After My Divorce?
A high net worth divorce will involve a wide variety of financial issues that will need to be addressed, but tax-related matters are one area that can sometimes be overlooked. Those who have complex finances may have tax liabilities, and in many cases, one spouse may be unaware of the debts owed to the IRS. It is important to address these issues during the divorce process, and divorcing spouses should also understand their options if the IRS attempts to collect the taxes owed.
Tax Liabilities and Innocent Spouse Relief
When a married couple files taxes jointly, both parties will be liable for any taxes owed, including in cases where the IRS conducts a tax audit and determines that the parties have tax liabilities due to errors on a joint tax return. Even if a divorce decree or judgment states that one spouse will be solely or primarily responsible for paying tax debts, the IRS can disregard these orders and attempt to collect the amount owed from either or both spouses.
How Can I Protect Family Wealth During My Divorce?
During a high net worth divorce, spouses will not only want to make sure their own financial interests will be protected, but they may need to take steps to ensure that other family members are not negatively affected by the end of their marriage. Those who come from wealthy families will want to make sure their family’s assets will not be lost during divorce proceedings. Spouses who have acquired significant assets during their marriage may want to ensure that certain assets will be preserved and passed on to their children or other family members. Business owners, executives, and those with large incomes may need to determine how to divide their marital assets in a way that will allow family businesses to remain in operation while making sure they and their families will have the resources they need in the years to come.
Will the COVID-19 Pandemic Affect Child Custody Issues in My Divorce?
The COVID-19 crisis has affected everyone in the United States, and while vaccines are currently being made available, the pandemic will likely continue to affect people and families throughout 2021 and beyond. Because of this, parents will want to make sure they are following the proper measures to protect themselves, their children, and other loved ones. If you are a parent who is currently going through a divorce, you may have already had to address a variety of complex child custody issues, and COVID-19 may have complicated these matters even further. Fortunately, by working with an experienced attorney, you can take steps to protect your parental rights and ensure that your children can remain safe and healthy.
Child Custody for Those Affected by COVID-19
Many families are able to avoid COVID-19 infections by following social distancing guidelines, staying home whenever possible, wearing masks when in public, and making sure all family members wash their hands regularly. However, there are some cases where family members may need to take additional precautions due to increased risks of infection. For example, if a parent works in the healthcare field and is regularly exposed to those who have been infected, they may need to take additional measures to ensure that they do not inadvertently spread the virus to their children.
How Are Pension Benefits Handled During a High Net Worth Divorce?
A high asset divorce will involve a variety of complicated financial issues, and complex property litigation may be needed to determine how assets and debts will be divided between the parties. While spouses will often focus on issues related to physical property, real estate, investments, valuables, and financial accounts, they will also want to address their retirement benefits. In addition to dividing the balances of retirement accounts such as 401(k)s or IRAs, spouses will also want to understand their rights regarding pension benefits earned by either spouse during their marriage.
Dividing Pension Benefits Between Divorcing Spouses
Pensions are different from other types of retirement assets since their actual value will usually not be known at the time of a couple’s divorce. Pensions are known as “defined benefit plans,” and the benefits that a person will receive are based on factors such as the number of years a person worked in a position that earned pension benefits and the salary they received at the time of retirement. The amount that a person paid into a pension fund will usually not be directly related to the amount of benefits they receive, so the current balance of a pension account will not be relevant during a couple’s divorce.
How Can I Make Sure My Prenuptial Agreement Will Be Enforceable?
When getting married, couples will need to be aware of a variety of issues that may affect them both immediately and in the future. While planning for the possibility of divorce will likely not be their top priority, it can be a good idea to consider this issue, especially if one or both spouses are entering the marriage with significant assets. A prenuptial agreement can provide spouses with protection, ensuring that they will be able to maintain ownership of certain assets if their marriage ends while also addressing other issues that may play a role in a potential divorce. However, couples will want to be sure their prenup will be legally valid and that its terms can be enforced if they do decide to get a divorce.
When Can a Prenup Be Invalidated
A prenuptial agreement must be signed by both parties before getting married, and it will take effect after the couple becomes legally married. A prenup will usually be enforceable if it is in writing and signed by both parties. However, under Texas law, a prenuptial agreement may be unenforceable in the following situations:
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