Answers To Frequently Asked Questions About Texas Family Law
Clients often have many questions when they first seek the help of an attorney. You may find it helpful to peruse the answers to the most common questions the Law Office of Sheri Bryce Dye receives below and then contact the firm with questions unique to your situation.
How is child support determined in a Texas divorce?
While not true in all cases, the calculation roughly works as follows. If only one child needs support, the noncustodial parent will be asked to pay 20% of their monthly net resources (based on an average). For each additional child that needs support, the monthly contribution increases by 5%. For six or more kids, the noncustodial parent will pay at least 40% of their monthly net resources.
When can a grandparent assume conservatorship of their grandchild?
Generally, a grandparent can petition for conservatorship if they have been the primary caretaker of a child for six months or more (with allowances for some nonconsecutive stretches of time). Attorney Sheri Bryce Dye covers this in greater detail on the Grandparents’ Rights page.
How does a military divorce differ from a civilian divorce?
The legal processes are the same, and there isn’t technically a separate type of divorce for military couples. However, military divorces typically involve unique legal and logistical issues, such as dealing with deployment, residency requirements (for families who have just been reassigned to a new base) and division of military pensions and other benefits, just to name a few. For these reasons, it is a good idea to work with an attorney experienced in military divorce.
Can I expect to collect spousal maintenance (alimony) after my Texas divorce?
Spousal maintenance is not automatically awarded during divorce, nor is it always paid to one gender. Spouses can agree to maintenance on their own, but if one spouse is petitioning for it, they must show that they qualify for it. This typically involves demonstrating the inability to meet one’s reasonable minimum needs due to mental or physical incapacity or due to caring for a child who requires exceptional levels of care because of physical or mental disability.
If the marriage lasted more than 10 years and the petitioning spouse can demonstrate an inability to meet their minimum basic needs, they may qualify for spousal maintenance. All cases are decided individually, however.
What would be the benefits of mediating my divorce?
Mediation involves resolving differences in your divorce around the negotiating table instead of in the courtroom with the help of a neutral third-party mediator as well as input from your respective attorneys. While not true in all cases, mediation tends to be faster and less expensive than litigation. It also tends to be far less acrimonious and gives spouses more control over the outcome of their cases (compared to letting a judge decide).
What should I do if I receive a letter from child protective services (CPS)?
These communications must be taken seriously and require quick responses. It is wise to reach out to an experienced family law attorney, have them review the communication and explain your options on how to proceed. Sheri has significant experience with CPS. If you receive a letter, she can provide the guidance you need.
Get Answers To Your Own Questions
The Law Office of Sheri Bryce Dye serves clients in and around San Antonio. To discuss your own questions with a skilled family law attorney, call the firm at 210-761-5241 or fill out the online contact form.