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October 2014 Archives

How long do maintenance payments last?

The Texas Family Code contains specific provisions relating to spousal maintenance, including the reasons for which it can be ordered and limitations upon its duration. If an eligible spouse is awarded alimony payments by the court, then the length of time that the payments will continued is determined by the law.

Important concerns for noncustodial parents in Texas

Although a parent may not have the primary care and custody of a child, there are important rights to consider. The philosophy of the Office of the Attorney General is that children are better able to thrive when they are afforded the support and love of both of their parents. While the custodial parent typically makes decisions about day-to-day care and living issues, a noncustodial parent is afforded in most cases the legal right to information about a child's location and to spend time with that child.

Texas standard possession orders

In the view of Texas courts handling family law matters, allowing a child to develop and maintain good relationships with both parents is considered to be in the child's best interests in most circumstances. When divorcing parents are unable to agree on visitation matters, a judge will grant the noncustodial parent those rights according to a standard possession schedule established by the legislature.

Texas child support orders

In Texas, courts consider a number of factors when determining the appropriate amount of child support to be ordered. Generally, the custodial parent is normally owed child support payments from the non-custodial parent.

Parenting plans and child custody in Texas

Parents in Texas may benefit from learning more about the laws concerning parenting plans and child custody, as described by the State Bar of Texas. A parenting plan consists of child support, rights to custody, a visitation schedule and other matters involving the child in an effort to minimize disputes. Parenting plans became a required part of the state's final divorce decree in the year 2005. Courts presiding over a divorce proceeding also have the authority to provide adjudication regarding custody rights after the dissolution of the marriage.

What can the courts do to prevent parental child abduction?

Many Texas couples may find it difficult to negotiate a child custody agreement during a divorce. In some cases, one parent may decide to abduct the child and take him or her out of the state or even the country if the case is not going the way that he or she planned or if he or she wishes to hurt the other parent. If there is a risk of international abduction, the court has the authority to reduce the risk by putting certain preventative measures into place.

Child support codes in Texas

Parents in Texas may benefit from reviewing the state's family code provisions regarding court-ordered child support. According to state law, one or both parents may be ordered to pay child support until the child either graduates high school or turns 18 years of age. Child support may also be terminated if the child is emancipated through marriage or if their death occurs. If the child suffers from a disability, child support may last indefinitely.

Missing girl found in Mexico after 12-year disappearance

A Texas girl who was kidnapped by her mother in April 2002 was located in Mexico on Sept. 30. Two years before her disappearance, the girl's parents had finalized a divorce settlement in which the girl's father was granted full child custody. The girl's mother was reportedly spending a weekend with her 4-year-old daughter when the two of them went missing.

Eligibility for spousal maintenance in Texas

Residents in Texas may benefit from reviewing the state's legislation governing spousal maintenance. The General Provisions under Texas Family Code describe maintenance as an award from the dissolution of marriage that consists of periodic compensation from one spouse's future income to support the other spouse. The party entitled to receive the maintenance payment is referred to as the obligee, while the person making the payments is known as obligor.