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Supervised Visitation in Texas – Part 1

Wednesday, March 3rd, 2010

Former spouses often use informal visitation arrangements as an opportunity to assault, harass, stalk, and emotional abuse their children and former partners.  In addition, some parents will use their children as a means to hurt the other parent by denying access to the child(ren) even though such access has been ordered by the court, i.e. failing to be at home during scheduled visitation periods, failing to bring the child(ren) to a scheduled location for the other parent to exercise their court ordered visitation, faking illness, etc.

Supervised visitation takes place between the non-custodial parent and his or her child(ren) in the presence of a third party who observes the visit to ensure the child’s physical and emotional safety.  Though sometimes reasonably and successfully ordered, visits voluntarily supervised by friends and family in their homes can be fraught with danger for the child and parent, as well as the monitor, especially in cases of domestic violence.  Family members may trust the parent whose visits are being supervised and therefore may not take proper or sufficient measures to assure the child(ren) are watched or monitored at all times during the visit. 

Consequently, when supervision is indicated, possession/visitation supervised by a neutral third party with the capacity to enforce effective safety measures is normally ordered and enforced by the courts.  The expenses of such supervision are often excessive and may in themselves create a detriment to possession by a parent.  Such agencies may also provide reports and recommendations to the court based on the success or failure of the supervised visits.  Such recommendations assist the courts in making informed decisions regarding supervision and whether continued supervision in the best interest of the child(ren).

If supervised visitation is requested, some type of compelling reason and evidence, based on the circumstances surrounding the child(ren) must normally be established.  Such evidence may include denial of access, drug addiction, mental or physical abuse, neglect, or severe mental illness of a parent.  The following is a potential list of acts and/or circumstances that may be considered contrary to a child’s best interest.

• Violence or physical endangerment – A noncustodial parent may be denied visitation rights if the parent has abused the child or threatened physical violence.
• Emotional harm – Where sufficient proof is offered of potential emotional harm or that standard visitation has detrimentally affected a child’s welfare, supervised visitation may be ordered.
• Child’s wishes – A court may consider the child’s wishes as to visitation.  The weight given to a child’s preference is dependent on the child’s age, emotional stability, maturity and motives.
• Abduction – There must be a showing that there is a strong imminent probability of abduction to limit visitation on this basis.
• Substance abuse – A parent who abuses drugs or alcohol may be ordered to supervised visitation restrictions if the conduct endangers the child or if the parent uses abusive language and/or mistreats the child.
• Mental illness –Mental incapacity may be a reason for supervised visitation only if it is determined by the court that there is a reasonable potential for harm to the child due to such mental illness.
• Sexual behavior – Courts rarely deny visitation solely on the basis of a non-marital heterosexual relationship.  Courts will, however, cancel overnight visitation by a child with a parent because of the parent’s cohabitation on a showing of an adverse and material negative impact on the child.
• Incarceration – Visitations due to incarceration may be suspended only on a showing that such visits are detrimental to the child.

To have more of your questions answered on supervised visitation in Texas, or for answers to any other Texas child custody concerns you may have, call  Dallas Divorce attorney Mark Nacol of the Nacol Law Firm P.C.

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Texas and Federal Confidentiality Laws – Use Caution with Your Texas Divorce

Monday, February 15th, 2010

There are many legal and proper ways to obtain proof of a spouse’s infidelity.  Take care to avoid tactics used to obtain private information that may violate federal and Texas confidentiality laws and a spouse’s right to privacy.  You may be tempted by others to obtain proof of a partner’s infidelity by various inappropriate and/or illegal methods.  Reading emails, recording telephone calls, installing spyware or geographical tracking devices or even setting up hidden cameras are just a few methods a spouse may be offered when entertaining the thought of catching a cheating spouse.  However, such actions may expose both parties and their attorney to civil liability and possible criminal penalties.  Under Texas law, it is a crime to install a geographical tracking device on a vehicle owned by another person.  When emotions are running high, it is imperative that you seek proper counsel as to the proper legal action to be taken when establishing facts.

Both federal and state wiretapping laws apply to divorcing spouses.  A spouse may sue the other spouse or their agents for invasion of privacy.  Federal law regulates electronic surveillance of conversations and access to emails, faxes and voicemail.  The law imposes civil and criminal sanctions for intentional interceptions of electronic communications.  However, accessing email after it has been transmitted, i.e. downloading a text from your telephone or email from the hard drive of a family computer, is not an offense under the Federal Act.  Texas has laws that also prohibit the interception of communications.  Under such laws, counsel may also be held liable if they disclose information received from the intercepted communications provided by their clients.

Federal and Texas laws both allow recording of telephone calls and other electronic communications with the consent of at least one party to the communication.  Under the one-party consent statutes, a spouse may record conversations in which he or she is participating.  This has been extended to include parental recording of a child’s conversations with a third party, including the other parent.  The parent can consent to the recording on behalf of the child so long as the parent has a good faith objective and a reasonable belief that it is in the best interest of the child, even if the child is unaware of the recording.

It is important that a spouse take great care in their means and methods of gathering information.  Information obtained by illegal means can expose one, even if he or she is a spouse, to civil liabilities and possible criminal prosecution.  Texas recognizes that every person has a certain right to privacy.  Such right is violated if a person intentionally intrudes upon the private affairs of another by offensive means.  Accessing stored email or secretly recording a spouse can be a violation of a spouse’s right to privacy.  If a suit is filed, the damaged spouse may recover monetary damages, including punitive damages.

For answers to your questions on gathering information for your Texas Divorce, contact Dallas Divorce attorney Mark Nacol with the Nacol Law Firm, P.C.

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Tax Year 2009 - Divorce and Dependent Exemption Tax Deduction Changes

Saturday, January 16th, 2010

2009 tax year and forward, the Child Dependent Exemption Tax Deduction rules related to divorce have been amended by the Internal Revenue Service.

The changes to the 2009 tax code are as follows:

1. The custodial parent, for 2009 & forward, is the one with whom the child resides the greater number of nights during the year, regardless of the divorce decree terms.

2. You must obtain IRS Form 8332 (Release of Claim to Exemption for Child of Divorce or Divorced Parents) to claim the exemption if you are the non-custodial parent. The divorce agreement or court order will not be used to substitute for IRS Form 8332.

3. The custodial parent can unilaterally revoke the release of a child exemption for calendar years 2009 & forward, even if the release was made prior to 2009.

The parent claiming a dependency exemption on the child/children is the only parent eligible for the following tax benefits:

  • Dependent Exemption Deduction
  • Child Tax Credit
  • Child and Dependent Care Credit
  • Education Credit or Education Expense Deductions
  • Earned Income Credit
  • Head of Household Filing Status

With all the new changes, all non-custodial parents who plan to take a dependency exemption should obtain IRS Form 8332 for 2009 & forward tax years. A divorce agreement or court order cannot be substituted!

In any future settlement agreements that include a provision for a non- custodial parent to take a dependency deduction for one or more children in one or more future tax years, have the custodial parent complete IRS Form 8332 when executing the settlement agreement. Sometimes it is very difficult to get ex-spouses to sign off on papers at a later date!

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Mental Illness and the Child Custody Case

Wednesday, November 25th, 2009

According to the National Institute of Mental Health, an estimated 26.2 percent of Americans age 18 and older – about one in four adults – suffer from a diagnosable mental disorder in a given year. This figure translates to 57.7 million people. Many people suffer from more than one mental disorder at a given time. Nearly half (45 percent) of those with mental disorder meet criteria for two or more disorders, with severity strongly related to co-morbidity. Mental illnesses are biologically based brain disorders. A diagnosed mental illness in a custody case may not only affect the eventual outcome of the case, but may also determine how counsel prepares his or her particular case strategy.

There are degrees of severity and levels of functioning with all mental disorders, and in the context of a contested custody case an extreme position can be easier for an attorney to handle. The fact finder is evaluating each parent’s ability to meet the child’s needs and the parties’ particular parenting abilities. A psychiatric diagnosis is not in and of itself a measuring tool. The specific acts of each parent must be examined in detail.

One important factor to consider is a request for psychological testing or the appointment of a counselor or psychiatrist to evaluate the parties. If the party with the mental illness has not admitted they have an illness, the results of court-ordered evaluations may force the issue and may also provide additional evidence to support a modification of temporary orders.

Counsel may want to recommend to the court that the child attend therapy. You may suggest the use of the therapist, psychiatrist, or psychologist of the person with the mental disorder for recommendations to the court of the parent’s visitation with the child.

Counsel may also want to consider a temporary injunction in addition to the standard temporary injunction for the preservation of property and protection of the parties and the children. Some issues to consider are preventing the use of alcohol within 24 hours of possession of the children; preventing the mentally ill party from operating a motor vehicle while taking medications, and preventing the parties from making disparaging remarks regarding the other party.

It is important that counsel identify and define the particular drugs the mentally ill patient is taking. Counsel should request a HIPPA Release (specifically related to mental health disclosures) allowing access to medical and prescription drug records of the mentally ill party. Research should then be performed as to the effects of each drug on the mentally ill person.

It may be necessary to have an Amicus Attorney appointed to represent the interests of the children. The Amicus Attorney has a powerful role in the contested custody case and can assist in gaining information on the mentally ill party. All parties should cooperate fully with the Amicus Attorney for the best interest of the children. It is important to make yourself available to the Amicus Attorney and to be pro-active in setting up appointments. It is important that counsel instruct you as to what to say and what not to say to the Amicus Attorney. It is also critical that counsel respond to any discovery propounded by an Amicus Attorney timely.

Be sure to educate yourself about the particular mental disorder you are dealing with. Make sure your experts have experience in handling the particular mental disorder in questions. Counsel should use the testimony of experts to offer aid and/or educate the judge and/or jury so they have a clear understanding of the mental illness and its foreseeable consequences to the spouse and/or family members.

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ADOPTION IN TEXAS - Who May Adopt and Be Adopted.

Tuesday, November 3rd, 2009

(a)  Subject to the requirements for standing to sue under Chapter 102 of the Texas Family Code, an adult may petition to adopt a child who may be adopted.
(b)  A child residing in Texas may be adopted if:

(1)  the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2)  the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child’s former stepparent, and the nonterminated parent consents to the adoption; or
(4)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child’s former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

(c)  If an affidavit of relinquishment of parental rights contains a consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.

Prerequisite to Filing Petition for Adoption
Texas Family Code Sec. 162.002 states:
(a)  If a petitioner is married, both spouses must join in the petition for adoption.

(b)  A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:

(1)  a verified allegation that there has been compliance with Subchapter B ; or
(2)  if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.

Pre-adoptive and Post-placement Social Studies
In a suit for adoption, pre-adoptive and post-placement social studies  must be conducted as provided in Chapter 107 of the Texas Family Code.

Preferential Setting
The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the social study has been filed and the criminal history for the person seeking to adopt the child has been obtained.
Preparation of Health, Social, Educational, and Genetic History Report 

(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  Before placing a child for adoption, the Department of Protective and Regulatory Services, a licensed child-placing agency, or the child’s parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.

(c)  The report shall include a history of physical, sexual, or emotional abuse suffered by the child, if any.

(d)  If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child’s parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.

(e)  The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child. The copy of the report shall be edited to protect the identity of birth parents and their families.

(f)  The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed. The supplemental information shall be retained for as long as the original report is required to be retained.

Contents of Health, Social, Educational, and Genetic History Report
(a)  The health history of the child must include information about:

(1)  the child’s health status at the time of placement;
(2)  the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information;
(3)  a record of immunizations for the child; and
(4)  the available results of medical, psychological, psychiatric, and dental examinations of the child.

(b)  The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child’s siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

(c)  The educational history of the child must include, to the extent known, information about:

(1)  the enrollment and performance of the child in educational institutions;
(2)  results of educational testing and standardized tests for the child; and
(3)  special educational needs, if any, of the child.

(d)  The genetic history of the child must include a description of the child’s parents by birth and their parents, any other child born to either of the child’s parents, and extended family members and must include, to the extent the information is available, information about:

(1)  their health and medical history, including any genetic diseases and disorders;
(2)  their health status at the time of placement;
(3)  the cause of and their age at death;
(4)  their height, weight, and eye and hair color;
(5)  their nationality and ethnic background;
(6)  their general levels of educational and professional achievements, if any;
(7)  their religious backgrounds, if any;
(8)  any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;
(9)  any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code; and
(10) any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

Filing of Health, Social, Educational, and Genetic History Report
(a)  This section does not apply to an adoption by the child’s:

(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption; or
(3)  stepparent.

(b)  A petition for adoption may not be granted until the following documents have been filed:

          (1)  a copy of the health, social, educational, and genetic history report signed by the child’s adoptive
           parents; and
          (2)  if the report is required to be submitted to the bureau of vital statistics under Section 162.006(e), a
           certificate from the bureau acknowledging receipt of the report.

(c)  A court having jurisdiction of a suit affecting the parent-child relationship may by order waive the making and filing of a report under this section if the child’s biological parents cannot be located and their absence results in insufficient information being available to compile the report.

Criminal History Report Required
(a)  In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person’s own criminal history record information. The court shall accept under this section a person’s criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.

(b)  A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

Residence with Petitioner.
(a)  The court may not grant an adoption until the child has resided with the petitioner for not less than six months.
(b)  On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.
Consent Required
(a)  Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.
(b)  If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.
(c)  A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child’s best interest.
Revocation of Consent
At any time before an order granting the adoption of the child is rendered, a consent required by Section 162.010 may be revoked by filing a signed revocation.
Attendance at Hearing Required
(a)  If the joint petitioners are husband and wife and it would be unduly difficult for one of the petitioners to appear at the hearing, the court may waive the attendance of that petitioner if the other spouse is present.
(b)  A child to be adopted who is 12 years of age or older shall attend the hearing. The court may waive this requirement in the best interest of the child.
Sec. 162.015.  RACE OR ETHNICITY. 
(a)  In determining the best interest of the child, the court may not deny or delay the adoption or otherwise discriminate on the basis of race or ethnicity of the child or the prospective adoptive parents.
(b)  This section does not apply to a person, entity, tribe, organization, or child custody proceeding subject to the Indian Child Welfare Act of 1978
Adoption Order
(a)  If a petition requesting termination has been joined with a petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered. The court must make separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.
(b)  If the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child, the court shall grant the adoption.
(c)  The name of the child may be changed in the order if requested.
Effect of Adoption
(a)  An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes.
(b)  An adopted child is entitled to inherit from and through the child’s adoptive parents as though the child were the biological child of the parents.
(c)  The terms “child,” “descendant,” “issue,” and other terms indicating the relationship of parent and child include an adopted child unless the context or express language clearly indicates otherwise.
(d)  Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable possession of or access to a grandchild, as provided in Chapter 153.

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Texas Spousal Support - Post Divorce Maintenance

Monday, November 2nd, 2009

Under Section 8.051 of the Texas Family Code, a court shall order maintenance for either spouse only if:

1. the spouse for whom maintenance is requested was convicted of or received deferred adjudication for a criminal offense that also constitutes an act of family violence under Title 4 and the offense occurred:
a. within two years before the date on which a suit for dissolution of marriage is filed; or
b. while the suit is pending; or
2. the duration of the marriage was 10 years or longer, the spouse seeking maintenance lacks sufficient property, including property distributed to the spouse under this code, to provide for the spouse’s minimum reasonable needs, as limited by Section 8.054, and the spouse seeking maintenance:
a. is unable to support himself or herself through appropriate employment because of an incapacitating physical or mental disability;
b. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home; or
c. clearly lacks earning ability in the labor market adequate to provide support for the spouse’s minimum reasonable needs, as limited by Section 8.054.

Section 8.052 of the Texas Family Code states that a court shall determine the nature, amount, duration, and manner of periodic spousal maintenance payments by considering all relevant factors, including the following:

1. the financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse’s ability to meet the spouse’s needs independently;
2. the educational and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training;
3. the duration of the marriage;
4. the age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance;
5. the ability of the spouse from whom maintenance is requested to meet that spouse’s personal needs and to provide periodic child support payments, if applicable, while meeting the personal needs of the spouse seeking maintenance;
6. acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common;
7. the comparative financial resources of the spouse, including medical, retirement, insurance, or other benefits, and the separate property of each spouse;
8. the contribution by one spouse to the education, training, or increased earning power of the other spouse;
9. the property brought to the marriage by either spouse;
10. the contribution of a spouse as homemaker;
11. marital misconduct of the spouse seeking maintenance; and
12. the efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code.

Section 8.053 states that except as provided by Subsection (b), it is presumed that maintenance under Section 8.051(2) is not warranted unless the spouse seeking maintenance has exercised diligence in:

1. seeking suitable employment; or
2. developing the necessary skills to become self-supporting during a period of separation and during the time the suit for dissolution of the marriage is pending.

This section does not apply to a spouse who is not able to satisfy the presumption in Subsection (a) because the spouse:

1. has an incapacitating physical or mental disability;
2. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because a physical or mental disability makes it necessary, taking into consideration the needs of the child, that the spouse not be employed outside the home.

Except as provided in subsection (b), a court:

1. may not order maintenance that remains in effect for more than three years after the date of the order; and
2. shall limit the duration of a maintenance order to the shortest reasonable period that allows the spouse seeking maintenance to meet the spouse’s minimum reasonable needs by obtaining appropriate employment or developing an appropriate skill, unless the ability of the spouse to provide for the spouse’s minimum reasonable needs through employment is substantially or totally diminished because of:
a. physical or mental disability;
b. duties as the custodian of an infant or young child; or
c. another compelling impediment to gainful employment.

If a spouse seeking maintenance is unable to support himself or herself through appropriate employment because the spouse has an incapacitating physical or mental disability or because the spouse is the Custodian of a child of the marriage of any age who has a physical or mental disability, the court may order maintenance for as long as the disability continues. 

A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:

1. $2,500; or
2. 20 percent of the spouse’s average monthly gross income.

The court shall set the amount that an obligor is required to pay in a maintenance order to provide for the minimum reasonable needs of the oblige, considering employment or property received in the dissolution of the marriage or otherwise owned by the oblige that contributes to the minimum reasonable needs of the oblige. 

Department of Veterans Affairs service-connected disability compensation, social security benefits and disability benefits, and workers’ compensation benefits are excluded from maintenance.

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Texas Child Support Guidelines

Wednesday, October 28th, 2009

Under the Texas Family Code §154.125 the guidelines for child support are as follows:

 

(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.

 

(a-1)  The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation.  The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.  The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.  For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.

 

(a-2)  The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.  This subsection expires September 1, 2014.

 

(b)        if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order: 

 

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

 

1 child              20% of Obligor’s Net Resources

2 children          25% of Obligor’s Net Resources

3 children          30% of Obligor’s Net Resources

4 children          35% of Obligor’s Net Resources

5 children          40% of Obligor’s Net Resources

         6+ children        Not less than the amount for 5 children

 

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower.  For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.  See the chart below.

 

Multiple Family Adjusted Guidelines

(% of Net Resources)

Net Monthly Resources X Percentage Below = Monthly Child Support Obligation

 

 

Number of other children for whom the obligor has a duty of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

 

Net resources are determined by deducting the following from the obligor’s income:

 

1.             Social Security Taxes;

2.             Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;

3.             State Income Tax;

4.             Union Dues (if such deductions are being withheld); and

5.             Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).

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Parent Alienation

Monday, October 19th, 2009

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What is Separate Property and Community Property in Texas?

Monday, October 19th, 2009

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The Protective Order

Saturday, September 19th, 2009

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