Integrity Law Group PLLC

Spousal Support Laws and Considerations

If you are going through a divorce in Texas, you may think about pursuing spousal support, commonly known as alimony. Or, you may worry that your spouse is going to make an unfair request for it. Alimony is not automatically awarded during the divorce process. In fact, state law specifically outlines when a person may receive alimony or be ordered to pay it. Below, our Houston family law attorney outlines what you need to know if you are concerned about spousal support.

Qualifying for Spousal Support

Either spouse in a divorce case can ask for alimony in Houston. However, Texas law outlines strict qualifications one must meet before receiving support. The first is that any dependent spouse pursuing support must show that they do not have enough property or resources to provide for their reasonable needs after a divorce. If one spouse meets this requirement, they must then also establish that at least one of the following scenarios exists:

  • The spouses have been married for a minimum of ten years, and the dependent spouse does not have the ability to earn an income that will provide for their basic needs.
  • The dependent spouse is unable to earn an income sufficient to support themselves due to a mental or physical disability.
  • The couple has a child together who requires personal supervision or substantial care due to a physical or mental disability. The dependent spouse must have custody of the child and cannot earn a sufficient income to meet their needs and those of their child because they must care for the child.
  • The spouse who will be ordered to pay alimony has a prior condition of family violence against the dependent spouse or their child. The spouse must have been convicted while the divorce was proceeding or within two years before the divorce papers were filed.

When the above scenarios do not exist, and a spouse in a long-term marriage claims that they cannot earn a sufficient income to meet their minimum needs, there is a presumption under the law that alimony is not warranted. The only exception to this is if the spouse can show that they have diligently tried to earn a sufficient income or to develop the skills required to do so, as the divorce was pending and the couple was separated.

In the event that a spouse pursues alimony due to a child’s disability, they are not required to have sole or even primary physical custody. For example, two parents may share custody of a disabled child, alternating weeks that the child spends with them. If one parent cannot find work to provide an income because they cannot find a job that would allow them to work only on alternate weeks, that spouse may have a case for alimony.

Determining whether you or your spouse is eligible for alimony is complex. Our Houston family law attorney can review the facts of your case to determine eligibility.

Factors Considered When Determining Alimony Amounts

After one spouse has proven they are eligible for alimony, the judge will then determine the duration and the amount of payments. When making the decision, the judge will consider many factors, including:

  • The ability of each spouse to provide for their reasonable needs, considering their finances post-divorce and after child support payments, if applicable
  • The duration of the marriage
  • The age, earning ability, employment history, and physical and emotional health of the dependent spouse
  • The education and employment skills of each spouse, as well as any contribution one spouse made to the training, education, or earning power of the other spouse
  • Any contribution one spouse made as a homemaker during the marriage
  • The amount of training available to help the dependent spouse become independent and the amount of time it will take for that spouse to receive the training or education they need
  • Whether either spouse concealed, wasted, destroyed, or otherwise disposed of marital property
  • The property either spouse brought into the marriage
  • Whether either spouse engaged in marital misconduct, including cruelty to the other spouse and adultery
  • Any history of domestic violence, including child sexual abuse and threats or attempts at violence

Limits on Spousal Support in Texas

While most other states in the country do not place a limit on the amount of spousal support one can receive, Texas does. Monthly alimony payments cannot exceed $5,000 or 20% of the paying spouse’s average monthly gross income. All sources of income are considered when determining a fair amount of support, but exceptions are made for the following:

  • Supplemental Security Income (SSI) benefits
  • Social Security retirement benefits
  • Workers’ compensation and disability benefits, including any disability related to military service 
  • Payments for a child’s foster care
  • Benefits obtained from public assistance programs, including Temporary Assistance for Needy Families
  • Return of principal or capital and accounts receivable

How Long Can a Spouse Receive Spousal Support in Texas?

A judge may order temporary support while a divorce case is proceeding. Temporary support is terminated once the divorce is final. After a divorce is finalized, state law limits the duration of alimony payments. The maximum duration for alimony depends on the length of the marriage and is as follows:

  • Five years: Alimony can be paid for no longer than five years if the couple was married for over 10 years but less than 20, or the marriage lasted for fewer than 10 years, and the dependent spouse qualifies based on domestic violence.
  • Seven years: Support payments cannot exceed seven years if the couple was married for 20 to 30 years.
  • Ten years: Support payments cannot exceed ten years if the couple has been married for 30 years or more.

Our Family Law Attorney in Houston Can Help with Alimony Disputes

When trying to obtain alimony or defend against unfair requests, our Houston family law attorney at Integrity Law Group, PLLC, can help. We can also provide the legal advice you need when trying to enforce or modify alimony payments and on all other matters related to your case. Call us today at (832) 521-4201 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Navigating Divorce: Tips for an Amicable Separation

Ending your marriage is hard enough. The last thing you want to think about is a long and bitter battle in the courtroom to uphold your rights. Fortunately, the vast majority of divorce cases settle outside of court. While it may not seem possible now, you can even get an amicable divorce through negotiation and without any serious legal battles. Below, our Houston family law attorney explains how to do it.

Acknowledge Your Emotions

Getting an amicable divorce does not mean always pretending everything is fine. Divorce is one of the most difficult things you will ever go through. You are bound to feel many emotions during the process. Do not ignore these emotions. Instead, acknowledge them and address them. Get help from family members, friends, or a therapist to help you through this extremely difficult time.

Gather All of Your Financial Information

Divorce is not just an emotional process. It is also a financial process. One of the best ways to prepare for it is to collect all of your financial documents. These include your previous tax returns, investment account information, retirement account information, bank account statements, and more. The more information you can gather the more you can show you are being transparent and trying to ensure the distribution of assets and debts is equitable.

Create a Fair Parenting Plan

If you and your spouse have children together, you will need to create a plan regarding custody and visitation. This plan will dictate when you spend time with your child and how much time you spend with them. There are a number of different elements to include in your plan, such as where your child will spend weekdays, weekends, holidays, and special occasions. It is critical that you cooperate and communicate with your spouse to devise a plan that is beneficial for everyone, keeping your child’s best interests a priority at all times.

Consider Mediation

Texas law does not require that you attempt mediation to resolve your disputes during divorce. Family law judges do have the discretion, though, to order couples to try mediation before bringing their case to court. During mediation, you and your spouse will meet with a neutral, third-party mediator. The mediator will not make any decisions in your case. They are only there to foster communication and compromise between you and your spouse so you can reach an agreement about the different terms of the case.

Even when it is not court-ordered, mediation has many benefits. These include:

  • Obtains an amicable divorce through cooperation and open communication,
  • Allows couples to maintain control over the process and make decisions for themselves, instead of a judge making all final decisions,
  • Faster and more cost-effective than litigation,
  • Reduce conflict and the emotional toll on both children and spouses,
  • Confidentiality,
  • Allows for customized solutions that meet the needs of the family, and
  • Allows for positive post-divorce communication and co-parenting.

Mediators do not provide legal advice. It is always recommended that you work with a Houston family law attorney who will ensure your rights are protected and that any proposed settlement is fair.

Consider a Collaborative Divorce

Collaborative divorce is a process that also occurs outside of the courtroom. This approach involves attorneys, therapists, financial experts, child development professionals, and other consultants. Collaborative divorce involves negotiation and is results-driven. This means that if you cannot negotiate a fair settlement, your lawyer cannot continue working on your case if it enters litigation. This provides motivation for both the divorcing couple and the attorneys to reach an agreement.

Approach Property Division Fairly

Everyone has heard a story about how one spouse fought over an item that does not have a lot of sentimental or financial value just to spite their spouse. This only delays the process and increases the cost of divorce. During the property division process, it is critical that you remain fair and reasonable. While it is important to consider any sentimental attachments you have to certain possessions, it is also just as important to remain open to compromise.

Remain Reasonable About Alimony

If you feel as though you will need spousal support post-divorce, it is important that you are reasonable with your request. Work with an attorney who can help you determine how much you will need, whether your spouse can afford to pay it, and how you will eventually support yourself. If your spouse asks you to pay alimony, also remain reasonable. Try to consider their situation, compromise, and reach an agreement that is mutually acceptable.

Encourage Open Communication with Your Children

Again, divorce is extremely hard on children. Tell your children together, if possible, and reassure them that you will try to ensure their schedules and routines are as uninterrupted as possible. Reassure them that you both still love your children very much and that the divorce is not anyone’s fault. Never speak badly about your spouse to your children, even post-divorce. This is very harmful to a child’s mental health and, in the long run, will likely damage the relationship you have with them.

Addressing Shared Debts

For a smooth transition, it is critical that you address the shared debts and financial obligations of you and your spouse. Draft a plan outlining how you will manage and divide debts such as loans, mortgages, and credit card balances. Having a clearly outlined plan will ensure there are no disputes in the future regarding these debts.

Work With a Family Law Attorney in Houston for an Amicable Divorce

Regardless of how you choose to formally end your marriage, you need sound legal advice. It is essential that you work with a Houston family law attorney who can provide it. At Integrity Law Group, PLLC, our experienced attorney can advise you of your legal rights and obligations and negotiate with your spouse’s lawyer to ensure you receive the full and fair settlement you are entitled to. Call us today at (832) 280-9197 or fill out our online form to schedule a consultation and get the legal help you need.

Understanding Child Custody Laws: A Parent’s Guide

Whether you are getting a divorce or have a paternity issue, you will have to resolve the matter of child custody. In Texas, child custody is known as ‘conservatorship,’ although many people simply refer to it as ‘custody.’ Below, our Houston family law attorney outlines the different types of custody, how the process works, and what you can expect as an outcome.

Different Types of Child Custody in Texas

There are two main types of custody in Texas. These are legal custody and physical custody. Legal custody gives one or both parents the right to make decisions regarding the child and their day-to-day life. When a parent has legal custody, they can make decisions about the child’s medical treatments, the education the child receives, the religion they are raised in, and other activities.

Physical custody refers to when a parent spends time with the child. In the majority of cases, both parents are awarded joint custody, meaning they will each spend approximately the same amount of time with the child. In the rarest of cases, the courts may completely deny one parent visitation or any access to the child at all. In these instances, it is usually due to domestic violence and abuse. 

Sole custody, which refers to a situation in which one parent lives with the child and makes decisions for them, typically requires the other parent to terminate their rights. This is extremely rare. It is also very difficult to prove that one parent deserves sole custody and the other does not deserve their parental rights.

The courts are much more likely to award joint custody when the parents can show that they are willing to work together in the best interests of the child. Additionally, when the parent who does not have primary custody can continue to live close to the child, they will likely be awarded more time with the child than one who moves further away from their child.

The Best Interests of the Child

In Texas, as in all other states, all child custody decisions are made based on what is in the best interests of the child. The factors that impact the best interests of the child are as follows:

  • The age and health of the child,
  • The age and health of the parents,
  • Whether the parents or the child has special needs,
  • The home environment each parent can provide the child with,
  • The relationship between the child and their siblings or other family members,
  • The preference of the child, depending on their age and maturity,
  • Any history of domestic violence,
  • Where the parent lives and works and how it impacts the amount of time they spend with the child,
  • The educational needs of the child,
  • The level of involvement each child has in their child’s life, and
  • Any other factor deemed relevant by the court.

How Does the Child Custody Process Work in Texas?

Child custody disputes in Texas begin when one parent files a petition for conservatorship with the court. The person who files must officially serve the other parent with the petition. The parent who is served then has 20 days to submit an answer to the court. If the parent who is served with the petition does not intend to contest the terms within the petition, they can waive the need for service.

If a child custody case is uncontested, both parents will agree on a custody schedule and parenting plan. When the parents cannot reach an agreement, it becomes a contested case, and more formal intervention is necessary. The court will likely begin a disputed child custody case by sending it to mediation. During mediation, the two parents and their lawyers will meet with a neutral third-party mediator. Mediators do not provide legal advice or make decisions. They only try to foster communication and compromise so the parents can ultimately reach an agreement.

When parents can agree, either before or after mediation, they will need to draft a parenting plan and submit it to the court. If the plan reflects the best interests of the child, and is fair to both parents, the court will approve the plan. To ensure this happens and that the process moves along as quickly as possible, it is important to work with a Houston family law attorney who can help you create your plan.

There are times when the parents cannot agree and mediation is unsuccessful. In these cases, the issue will have to be resolved in court, where a judge will make all final decisions.

How to Modify Child Custody Orders in Texas

Even when parents agree on a parenting plan, a judge will issue an order that makes the plan final and legally binding. However, just as with everything else in life, your circumstances may change at some point in the future. When this happens, you may want to change your child custody schedule. You can do this, but you cannot do it on your own.

To modify a child custody order, you must petition the court. This essentially means that you are asking the court for permission to change the order. When petitioning the court, you must present clear evidence showing why a change is necessary and argue your case. If you are successful with your case, the judge will modify the order, and the change will become legal.

Without petitioning the court, it is critical to keep custody arrangements the same. If you make changes on your own, you will be in violation of the custody order, and this carries serious penalties. These include high fines, being held in contempt of court, and even jail time. 

Our Family Law Attorney in Houston Can Help With Your Custody Matter

Whether you have an initial custody issue or you need to modify an order, our Houston family law attorney at Integrity Law Group, PLLC, can help. Our experienced attorney can help you draft a plan, petition for a modification, and ensure you receive the best possible outcome. Call us now at (832) 280-8874 or fill out our online form to schedule a consultation and to get more information.

The Benefits of Having a Prenuptial Agreement: Protecting Your Future Together

It is a stat no one wants to think about, particularly when they are planning a wedding, but approximately half of all marriages end in divorce. A prenuptial agreement is a legal contract between two people who intend to wed. Also called prenups, these contracts settle many important issues. Through a prenup, you can outline who owned certain property before the marriage, how marital property will be divided, and more. 

While you may not want to raise the topic of a prenup as you plan your wedding, these legal contracts have many benefits. Below, our Houston family law attorney outlines what these are.

Avoid a Complex Divorce

Not all divorces have to be messy legal battles. When there are feelings of frustration and hard feelings, or the two spouses are very contentious towards each other, a divorce can become much more complicated. Add financial issues to these feelings of resentment, and a divorce case can become explosive. A prenuptial agreement can help you avoid all of this. With most financial issues outlined in the prenup, many of them are already resolved and your divorce can simply follow what the document stipulates.

Young Couples Can Benefit From a Prenup

 It is a common misconception that prenuptial agreements are best utilized by older couples. Today, many younger people are marrying later in life than their parents and grandparents did. When a person marries in their late 20s, early 30s, or even later, they have typically already amassed a significant amount of wealth and assets. A prenup can protect your existing investments and assets, including business ownership, inheritance rights, and other sources of wealth.

Older Couples Also Benefit

Anyone getting married can benefit from a prenuptial agreement, including older couples. When older couples wed, it is often their second or third marriage. Unfortunately, the divorce rate for these marriages is much higher than that of first marriages. A prenuptial agreement can make the divorce process much easier if the marriage does not work out. Additionally, older couples have also had more time to accumulate wealth, and a prenup can protect it.

Determine the Division of Marital Assets

The division of marital assets is one of the most complex issues during divorce. A prenup can outline how you will divide them in the event your marriage does not work out. For example, if you are a business owner and plan on operating it after you get married, a portion of the company will be considered a marital asset if you get a divorce. A prenup can stipulate that you retain all rights to the business after the marriage and that your spouse does not have a claim to any portion of it.

Resolve Spousal Maintenance Issues

A Houston family law attorney will tell you that you cannot include any provisions pertaining to child support in a prenuptial agreement. This is because the child has a right to support, and parents cannot waive that right on their behalf. However, a prenuptial agreement can resolve issues regarding spousal maintenance, commonly referred to as alimony. 

This is of particular importance when one spouse is planning to leave the workforce to maintain the home and take care of the children. Due to the fact that the stay-at-home spouse may have a reduced earning capacity post-divorce, a prenup can provide them with the spousal support they need.

Protect Against Your Spouse’s Debt

One of the main purposes of a prenuptial agreement is to determine how assets will be divided during divorce. However, these contracts can also protect you from being liable for your spouse’s debt. On average, American households carry approximately $140,000 in debt. If your soon-to-be spouse carries a lot of debt, or they will in the future, a prenup can protect you from it. For example, if you know your spouse is going to go to school during the marriage and will use student loans, a prenup can ensure you will not have to pay that debt post-divorce.

Clarify Financial Expectations

When drafting a prenup, you and your partner will have to disclose financial information, such as the assets and debt you currently have. While this process may not sound very romantic, that is not the case. In fact, a prenup can foster open communication and help you and your partner have a better understanding of the other’s obligations, financial goals, and responsibilities. If you can address these financial issues before the wedding, it can help you reduce misunderstandings and conflicts about money during the marriage.

Protecting Beneficiaries

It is not uncommon today for people to have children from another relationship when they marry. In these instances, a prenup can be especially valuable. A prenuptial agreement can define how assets will be distributed in the event of divorce or death, and provide for each of your beneficiaries, including children from a previous relationship. This can provide both of you with peace of mind and help you avoid future disagreements about financial support or inheritances.

Making the Marriage About the Relationship

If you have a great deal more wealth than your partner, a prenuptial agreement can make sure your property and assets are protected. It will also give you the peace of mind that your partner is marrying you for love, and not for what you own.

Providing an Easy Way Out

It is a sad but true fact that many people remain in unhappy marriages because they do not think they can financially support themselves. Or, one spouse may have become accustomed to a certain standard of living during the marriage and do not want to give that up. A prenuptial agreement can give both parties the confidence to leave a marriage in the event it ever becomes unhealthy.

Our Family Law Attorney in Houston Can Draft Your Agreement

A prenup can provide you with a great deal of protection, but they must be drafted properly in order for them to be enforced. At Integrity Law Group, PLLC, our Houston family law attorney can draft a contract that will protect your best interests now and in the future. Call us today at (832) 263-1828, or fill out our online form to schedule a consultation and learn more.

Securing Your Financial Future: Strategies for Protecting Your Assets During Divorce

You did not get married thinking it was going to end in divorce. Sadly, the divorce rate in the country shows that divorce is all too common. Ending your marriage will bring with it mental, psychological, and emotional hardships. Still, there are also many financial matters you must consider, as well. Our family lawyers know how to protect your property from divorce proceedings, even if your case seems extremely complex. Below are just a few ways to protect your assets during divorce.

Identify Separate and Community Property

If you know that divorce is inevitable, you should start creating a complete list of property owned by you, your spouse, or jointly. Separate property includes assets either of you owned before the marriage, while community property is considered jointly owned by both parties. Common examples of community property include:

  • Vehicles
  • Shared investment accounts
  • Bank accounts
  • The marital home
  • Retirement accounts
  • Real estate, such as an investment property
  • Personal property, including furniture
  • Equity or proceeds from a business
  • Pensions
  • Cryptocurrency

Remember that when creating a list of inventory, you must include all debts and liabilities, as well.

Determine the Value of Your Assets

After you have written a comprehensive inventory of your separate and marital assets, you then need to determine the value of the property. When resolving property division issues, a judge will consider the income level of each spouse before and after the marriage, as well as the amount of separate and community property owned by the couple. To obtain the most accurate valuation, it is important to speak to a professional.

Open Separate Accounts

As soon as you know you are getting a divorce, you should also open separate accounts. Open a separate bank account, apply for a credit card that is in your name only, and separate your personal property as much as possible. If you have a joint bank account or credit card with your spouse, try to remove your name from it as soon as possible. Gather the financial documents for all separate and joint accounts and transactions, as your attorney and judge will want to review them.

Consider Tax Implications

Taxes are commonly overlooked in divorce cases, but they are one of the most important things to consider. While the tax law on alimony changed several years ago, there are other implications to think about. 

For example, the tax law regarding retirement accounts still applies, and so when dividing this property, you must know how it will affect you. You do not want to agree to accept a taxable retirement account while your spouse receives one that will not be impacted by taxes. It is best to work with an asset protection lawyer who can advise on the tax implications of dividing certain types of property.

Change Your Will

State law will automatically revoke your spouse as a beneficiary in your will after you get a divorce. Still, it is important to review your last will and testament to revoke your spouse on your own and to confirm that all previous versions of your will are invalid. You may also want to change certain terms so your children or other trusted individuals receive what your spouse once would have. Of course, if you have a joint will with your spouse, you need to ensure you have one of your own after divorce.

Use a Trust to Protect Assets

A trust is a legal document that can also protect assets during a divorce. To shield the trust assets from being subject to division, the document must be drafted prior to the marriage. Still, any assets placed within it at that point can be classified as separate, and you can retain them after your divorce is final.

There are many different types of trusts that can protect your assets during divorce. A Domestic Asset Protection Trust (DAPT) is an irrevocable trust that can provide the protection you need. Some individuals choose to open an offshore trust, as this provides the highest level of protection. You should always speak to an asset protection lawyer who can advise on the best trust to use for your situation.

Draft a Prenuptial or Postnuptial Agreement

Most couples should have a prenuptial agreement prior to getting married. A prenuptial agreement mainly outlines financial provisions in the event you get divorced. A prenup can outline which property is considered separate and therefore protected from being divided during divorce. A prenup can also stipulate terms surrounding alimony and how income will be used during the marriage.

A postnuptial agreement can include all of the same terms as a prenuptial agreement. The only difference between the two is that a postnuptial agreement is drafted after the marriage. There are many reasons couples draft postnuptial agreements. For example, you may start a business after you get married. To prevent it from being divided during a divorce, you can draft a postnuptial agreement that classifies it as separate property.

Keep Inheritances Separate

Under Texas law, inheritances and gifts are generally considered separate property and, therefore, will not be divided during the divorce process. There is a large caveat to the law, though. If you commingle the inheritance with marital property, it will no longer be considered separate. For example, you may place your inheritance in a joint bank account you hold with your spouse. There would then be no way to determine which funds are from the inheritance and which are marital property. The entire account would be divided according to the state’s community property laws.

Our Family Lawyers in Houston Can Protect Your Assets

At Integrity Law Group, PLLC, our Houston family lawyers have the knowledge about real estate and business law to protect what is most important to you in the event that you get a divorce. Call us now at (832) 280-9576, contact us online, or email us to schedule a consultation with one of our skilled attorneys and to learn more about how we can assist with your case.

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