Author Archives: Jay Butchko
Six Tips For Reaching A Property Settlement In A Divorce In Texas
Property division can be a highly contentious issue in a divorce. If litigation is required, a court will split a couple’s marital property under our state’s community property statute (Texas Family Code § 3.002). Though, as litigation can be time-consuming and costly, most divorcing couples strongly prefer to reach their own settlement. A settlement… Read More »
Four Things To Know About Parental Alienation In Texas
Nothing should come between you and your relationship with your kid(s). Certainly, you should not have to deal with a co-parent who is intentionally undermining that relationship. A person who knowingly and/or recklessly tries to turn a child against a parent may be responsible for parental alienation. There are remedies available for parental alienation… Read More »
How Is Child Custody Awarded After A Divorce In Houston, Texas?
For parents of young children, going through a divorce is especially complicated. There are many additional legal, emotional, and logistical issues that need to be worked out. You may be wondering: How is child custody determined in a divorce in Texas? The answer depends on a number of different factors that are specific to… Read More »
Can A Child’s College Expenses Be Part Of Child Support In Texas?
It is no secret that college is expensive. According to data from U.S. News and World Report, the average nationwide annual cost of tuition at public in-state school is $10,338. At private schools it is an astounding $36,185. Room, board, and textbook add even more costs. For many parents, planning for a child’s college… Read More »
Your Guide To Mistaken Paternity In Texas
Paternity is the basis of a father’s rights and duties in Texas. A man who does not have paternity cannot get child custody or child visitation. Along the same lines, a man who does not have paternity cannot be ordered to pay child support. Paternity may be established through: Marriage; Voluntary acknowledgment; or Genetic… Read More »
I Think My Ex Is In A New Relationship—Can I Stop Paying Spousal Maintenance?
Were you ordered to pay ongoing spousal maintenance (alimony) to your ex after a divorce in Galveston County? If your former partner gets remarried, then your duty to make further alimony payments (unless you are past due) is automatically terminated. However, your ex entering a new relationship is not sufficient to stop your own… Read More »
Do Parents Have To Take Parenting Classes To Finalize Their Divorce In Texas?
For parents of young kids, a divorce can be especially hard. Our state encourages parents to work together to collaboratively solutions to child custody and child time-sharing. This raises an important question: Are parenting classes required for parents getting a divorce in Texas? The short answer is that they are not mandatory for all… Read More »
What If I Am concerned The Other Parent Will Seek A Modification?
In Texas, the term “conservatorship” is used to describe the concept of child custody. Once a custody arrangement is in place, parents in Galveston County have a legal duty to abide by it. That being said, changes are possible. Under Texas law (Texas Family Code § 156.101), a court may modify “an order that… Read More »
What To Know About Child Support And Taxes
Tax time is quickly approaching. In 2022, all individuals must file their federal income tax return by April 18th (due to holiday/weekend). Of course, Texas is in the minority of U.S. jurisdictions that does not have a state income tax. For separated parents, taxes can be especially complicated. You may be wondering: How will… Read More »
Is There A Waiting Period For A Divorce In Texas?
Are you getting ready to get a divorce in Texas? If so, you probably have a lot of questions about how the legal process works. A question that many people ask: Is there a waiting period to get a divorce in Houston? The answer is ‘yes’—under Texas law there is a 60 day waiting… Read More »
