Child support payments are often facilitated by the courts and a governmental agency through wage garnishments. Typically, a parent’s wages are only garnished if a parent is severely in arrears. Often a parent charged with paying child support may wonder how the process evolves from beginning to end. Here’s some information about how the wage garnishment process works and what to do in case there are mistakes.

Sec. 154.007.  ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME.  (a)  In a proceeding in which periodic payments of child support are ordered, modified, or enforced, the court or Title IV-D agency shall order that income be withheld from the disposable earnings of the obligor as provided by Chapter 158.

(b)  If the court does not order income withholding, an order for support must contain a provision for income withholding to ensure that withholding may be effected if a delinquency occurs.

(c)  A child support order must be construed to contain a withholding provision even if the provision has been omitted from the written order.

(d)  If the order was rendered or last modified before January 1, 1987, the order is presumed to contain a provision for income withholding procedures to take effect in the event a delinquency occurs without further amendment to the order or future action by the court.

Either parent can request a modification due to changed circumstances. Examples of circumstances which may necessitate a change in the child support order include:

1.  Changes in income
2. Unemployment
3. Medical expenses
4. Additional costs associated with raising the child as he or she grows

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT.  (a)  Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:

(1)  the marriage of the child;

(2)  the removal of the child’s disabilities for general purposes;

(3)  the death of  the child;

(4)  a finding by a court that the child:

(A)  is 18 years of age or older; and

(B)  has failed to comply with the enrollment or attendance requirements described by Section 154.002(a); or

(5)  if the child enlists in the armed forces of the United States, the date on which the child begins active service as defined by 10 U.S.C. Section 101.

(b)  Unless a nonparent or agency has been appointed conservator of the child under Chapter 153, the order for current child support, and any provision relating to conservatorship, possession, or access terminates on the marriage or remarriage of the obligor and obligee to each other.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 154.003.  MANNER OF PAYMENT.  The court may order that child support be paid by:

(1)  periodic payments;

(2)  a lump-sum payment;

(3)  an annuity purchase;

(4)  the setting aside of property to be administered for the support of the child as specified in the order;  or

(5)  any combination of periodic payments, lump-sum payments, annuity purchases, or setting aside of property.

Sec. 154.004.  PLACE OF PAYMENT.  (a)  The court shall order the payment of child support to the state disbursement unit as provided by Chapter 234.

(b)  In a Title IV-D case, the court or the Title IV-D agency shall order that income withheld for child support be paid to the state disbursement unit of this state or, if appropriate, to the state disbursement unit of another state.

(c)  This section does not apply to a child support order that:

(1)  was initially rendered by a court before January 1, 1994;  and

(2)  is not being enforced by the Title IV-D agency.

Sec. 154.005.  PAYMENTS OF SUPPORT OBLIGATION BY TRUST.  (a)  The court may order the trustees of a spendthrift or other trust to make disbursements for the support of a child to the extent the trustees are required to make payments to a beneficiary who is required to make child support payments as provided by this chapter.

(b)  If disbursement of the assets of the trust is discretionary, the court may order child support payments from the income of the trust but not from the principal.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 154.002.  CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.  (a)  The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:

(1)  enrolled:

(A)  under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;

(B)  under Section 130.008, Education Code, in courses for joint high school and junior college credit;  or

(C)  on a full-time basis in a private secondary school in a program leading toward a high school diploma;  and

(2)  complying with:

(A)  the minimum attendance requirements of Subchapter C, Chapter 25, Education Code;  or

(B)  the minimum attendance requirements imposed by the school in which the child is enrolled, if the child is enrolled in a private secondary school.

(b)  The request for a support order through high school graduation may be filed before or after the child’s 18th birthday.

(c)  The order for periodic support may provide that payments continue through the end of the month in which the child graduates.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

COURT-ORDERED CHILD SUPPORT

Sec. 154.001.  SUPPORT OF CHILD.  (a)  The court may order either or both parents to support a child in the manner specified by the order:

(1)  until the child is 18 years of age or until graduation from high school, whichever occurs later;

(2)  until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;

(3)  until the death of the child;  or

(4)  if the child is disabled as defined in this chapter, for an indefinite period.

(a-1)  The court may order each person who is financially able and whose parental rights have been terminated with respect to a child in substitute care for whom the department has been appointed managing conservator to support the child in the manner specified by the order:

(1)  until the earliest of:

(A)  the child’s adoption;

(B)  the child’s 18th birthday or graduation from  high school, whichever occurs later;

(C)  removal of the child’s disabilities of minority by court order, marriage, or other operation of law; or

(D)  the child’s death; or

(2)  if the child is disabled as defined in this chapter, for an indefinite period.

(b)  The court may order either or both parents to make periodic payments for the support of a child in a proceeding in which the Department of Protective and Regulatory Services is named temporary managing conservator.  In a proceeding in which the Department of Protective and Regulatory Services is named permanent managing conservator of a child whose parents’ rights have not been terminated, the court shall order each parent that is financially able to make periodic payments for the support of the child.

(c)  In a Title IV-D case, if neither parent has physical possession or conservatorship of the child, the court may render an order providing that a nonparent or agency having physical possession may receive, hold, or disburse child support payments for the benefit of the child.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 8.001.  DEFINITIONS.  In this chapter:

(1)  “Maintenance” means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.

(2)  “Notice of application for a writ of withholding” means the document delivered to an obligor and filed with the court as required by this chapter for the nonjudicial determination of arrears and initiation of withholding for spousal maintenance.

(3)  “Obligee” means a person entitled to receive payments under the terms of an order for spousal maintenance.

(4)  “Obligor” means a person required to make periodic payments under the terms of an order for spousal maintenance.

(5)  “Writ of withholding” means the document issued by the clerk of a court and delivered to an employer, directing that earnings be withheld for payment of spousal maintenance as provided by this chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

SUBCHAPTER B. COURT-ORDERED MAINTENANCE

Sec. 8.051.  ELIGIBILITY FOR MAINTENANCE; COURT ORDER.  In a suit for dissolution of a marriage or in a proceeding for maintenance in a court with personal jurisdiction over both former spouses following the dissolution of their marriage by a court that lacked personal jurisdiction over an absent spouse, the court may order maintenance for either spouse only if:

(1)  the spouse from 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 the 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.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.05, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 304, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 8.002 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 914, Sec. 1, eff. September 1, 2005.

Sec. 8.052.  FACTORS IN DETERMINING MAINTENANCE.  A court that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors, including:

(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 education 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 spouses, 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.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.003 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Sec. 8.053.  PRESUMPTION.  (a)  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.

(b)  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; or

(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.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.004 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 914, Sec. 2, eff. September 1, 2005.

Sec. 8.054.  DURATION OF MAINTENANCE ORDER.  (a)  Except as provided by 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.

(b)  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.  The court may order periodic review of its order, on the request of either party or on its own motion, to determine whether the disability continues to render the spouse unable to support himself or herself through appropriate employment.  The continuation of spousal maintenance under these circumstances is subject to a motion to modify as provided by Section 8.057.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.005 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 914, Sec. 3, eff. September 1, 2005.

Sec. 8.055.  AMOUNT OF MAINTENANCE.  (a)  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.

(b)  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 obligee, considering employment or property received in the dissolution of the marriage or otherwise owned by the obligee that contributes to the minimum reasonable needs of the obligee.

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

(d)  For purposes of this chapter, “gross income” means resources as defined in Sections 154.062(b) and (c), disregarding any deductions listed in Section 154.062(d) and disregarding those benefits excluded under Subsection (c) of this section.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.006 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1138, Sec. 1, eff. Sept. 1, 2003.

Sec. 8.056.  TERMINATION.  (a)  The obligation to pay future maintenance terminates on the death of either party or on the remarriage of the obligee.

(b)  After a hearing, the court shall terminate the maintenance order if the obligee cohabits with another person in a permanent place of abode on a continuing, conjugal basis.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.007 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Sec. 8.057.  MODIFICATION OF MAINTENANCE ORDER.  (a)  The amount of maintenance specified in a court order or the portion of a decree that provides for the support of a former spouse may be reduced by the filing of a motion in the court that originally rendered the order.  A party affected by the order or the portion of the decree to be modified may file the motion.

(b)  Notice of a motion to modify maintenance and the response, if any, are governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.  Notice must be given by service of citation, and a response must be in the form of an answer due on or before 10 a.m. of the first Monday after 20 days after the date of service.  A court shall set a hearing on the motion in the manner provided by Rule 245, Texas Rules of Civil Procedure.

(c)  After a hearing, the court may modify an original or modified order or portion of a decree providing for maintenance on a proper showing of a material and substantial change in circumstances of either party.  The court shall apply the modification only to payment accruing after the filing of the motion to modify.

(d)  A loss of employment or circumstances that render a former spouse unable to support himself or herself through appropriate employment by reason of incapacitating physical or mental disability that occur after the divorce or annulment are not grounds for the institution of spousal maintenance for the benefit of the former spouse.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.008 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001

Sec. 8.058.  MAINTENANCE ARREARAGES.  A spousal maintenance payment not timely made constitutes an arrearage.

Added by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.
Sec. 8.059.  ENFORCEMENT OF MAINTENANCE ORDER.  (a)  The court may enforce by contempt the court’s maintenance order or an agreement for the payment of maintenance voluntarily entered into between the parties and approved by the court.

(b)  On the suit to enforce by an obligee, the court may render judgment against a defaulting party for the amount of arrearages after notice by service of citation, answer, if any, and a hearing finding that the defaulting party has failed or refused to carry out the terms of the order.  The judgment may be enforced by any means available for the enforcement of judgment for debts.

(c)  It is an affirmative defense to an allegation of contempt of court or the violation of a condition of probation requiring payment of court-ordered maintenance that the obligor:

(1)  lacked the ability to provide maintenance in the amount ordered;

(2)  lacked property that could be sold, mortgaged, or otherwise pledged to raise the funds needed;

(3)  attempted unsuccessfully to borrow the needed funds;  and

(4)  did not know of a source from which the money could have been borrowed or otherwise legally obtained.

(d)  The issue of the existence of an affirmative defense does not arise unless evidence is admitted supporting the defense.  If the issue of the existence of an affirmative defense arises, an obligor must prove the affirmative defense by a preponderance of the evidence.

(e)  A court may enforce an order for spousal maintenance under this chapter by ordering garnishment of the obligor’s wages or by any other means available under this section.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.009 and amended by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Sec. 8.060.  PUTATIVE SPOUSE.  In a suit to declare a marriage void, a putative spouse who did not have knowledge of an existing impediment to a valid marriage may be awarded maintenance if otherwise qualified to receive maintenance under this chapter.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.010 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001.

Sec. 8.061.  UNMARRIED COHABITANTS.  An order for maintenance is not authorized between unmarried cohabitants under any circumstances.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Renumbered from Sec. 8.011 by Acts 2001, 77th Leg., ch. 807, Sec. 1, eff. Sept. 1, 2001

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 7.002.  DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL CIRCUMSTANCES.  (a)  In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage:

(1)  property that was acquired by either spouse while domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled in this state at the time of the acquisition;  or

(2)  property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.

(b)  In a decree of divorce or annulment, the court shall award to a spouse the following real and personal property, wherever situated, as the separate property of the spouse:

(1)  property that was acquired by the spouse while domiciled in another state and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition;  or

(2)  property that was acquired by the spouse in exchange for real or personal property and that would have been the spouse’s separate property if the spouse had been domiciled in this state at the time of acquisition.

(c)  In a decree of divorce or annulment, the court shall confirm the following as the separate property of a spouse if partitioned or exchanged by written agreement of the spouses:

(1)  income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received on or after January 1 of the year in which the suit for dissolution of marriage was filed;  or

(2)  income and earnings from the spouses’ property, wages, salaries, and other forms of compensation received in another year during which the spouses were married for any part of the year.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.  Amended by Acts 1999, 76th Leg., ch. 692, Sec. 4, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 838, Sec. 4, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 230, Sec. 4, eff. Sept. 1, 2003.

Sec. 7.003.  DISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER PLANS.  In a decree of divorce or annulment, the court shall determine the rights of both spouses in a pension, retirement plan, annuity, individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant, regardless of whether the person is self-employed, in the nature of compensation or savings.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 7.004.  DISPOSITION OF RIGHTS IN INSURANCE.  In a decree of divorce or annulment, the court shall specifically divide or award the rights of each spouse in an insurance policy.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 7.005.  INSURANCE COVERAGE NOT SPECIFICALLY AWARDED.  (a)  If in a decree of divorce or annulment the court does not specifically award all of the rights of the spouses in an insurance policy other than life insurance in effect at the time the decree is rendered, the policy remains in effect until the policy expires according to the policy’s own terms.

(b)  The proceeds of a valid claim under the policy are payable as follows:

(1)  if the interest in the property insured was awarded solely to one former spouse by the decree, to that former spouse;

(2)  if an interest in the property insured was awarded to each former spouse, to those former spouses in proportion to the interests awarded;  or

(3)  if the insurance coverage is directly related to the person of one of the former spouses, to that former spouse.

(c)  The failure of either former spouse to change the endorsement on the policy to reflect the distribution of proceeds established by this section does not relieve the insurer of liability to pay the proceeds or any other obligation on the policy.

(d)  This section does not affect the right of a former spouse to assert an ownership interest in an undivided life insurance policy, as provided by Subchapter D, Chapter 9.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 7.006.  AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT.  (a)  To promote amicable settlement of disputes in a suit for divorce or annulment, the spouses may enter into a written agreement concerning the division of the property and the liabilities of the spouses and maintenance of either spouse.  The agreement may be revised or repudiated before rendition of the divorce or annulment unless the agreement is binding under another rule of law.

(b)  If the court finds that the terms of the written agreement in a divorce or annulment are just and right, those terms are binding on the court.  If the court approves the agreement, the court may set forth the agreement in full or incorporate the agreement by reference in the final decree.

(c)  If the court finds that the terms of the written agreement in a divorce or annulment are not just and right, the court may request the spouses to submit a revised agreement or may set the case for a contested hearing.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 7.007.  DISPOSITION OF CLAIM FOR REIMBURSEMENT.  In a decree of divorce or annulment, the court shall determine the rights of both spouses in a claim for reimbursement as provided by Subchapter E, Chapter 3, and shall apply equitable principles to:

(1)  determine whether to recognize the claim after taking into account all the relative circumstances of the spouses; and

(2)  order a division of the claim for reimbursement, if appropriate, in a manner that the court considers just and right, having due regard for the rights of each party and any children of the marriage.

Added by Acts 2001, 77th Leg., ch. 838, Sec. 5, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 768, Sec. 7, eff. September 1, 2009.

Sec. 7.008.  CONSIDERATION OF TAXES.  In ordering the division of the estate of the parties to a suit for dissolution of a marriage, the court may consider:

(1)  whether a specific asset will be subject to taxation; and

(2)  if the asset will be subject to taxation, when the tax will be required to be paid.

Added by Acts 2005, 79th Leg., Ch. 168, Sec. 1, eff. September 1, 2005.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name.

The court may not deny a change of name solely to keep the last name of family members the same.

A change of name does not release a person from liability incurred by the person under a previous name or defeat a right the person held under a previous name.

A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

Sec. 6.801.  REMARRIAGE.  (a)  Except as otherwise provided by this subchapter, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.

(b)  The former spouses may marry each other at any time.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Sec. 6.802.  WAIVER OF PROHIBITION AGAINST REMARRIAGE.  For good cause shown the court may waive the prohibition against remarriage provided by this subchapter as to either or both spouses if a record of the proceedings is made and preserved or if findings of fact and conclusions of law are filed by the court

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company

After the Divorce Papers are Filed

Once a petition has been served to the Respondent, the spouse who has been served has to respond within an allotted period in answer to the petition. At this point, the respondent is given the opportunity to deny or even disagree with any claims made in the petition. Responses are generally limited to either admission or denial of allegations. The Respondent may also file a cross-petition, making their own allegations known. What follows next depends upon the complexity of the divorce or whether each party sees eye to eye on the terms. Often, couples with young children, debts, assets and property proceed with a contested divorce primarily because they can’t come to agreeable terms. If on the other hand, the couple is in agreement on most issues, the proceedings will continue uncontested. To learn where you stand, I am only a phone call away. Free Consultation

Now that you’ve gone through the divorce proceedings and handled all the emotional upheaval, you are probably ready for it all to be over, but unfortunately, there’s still the divorce waiting period. Waiting for a divorce to be finalized is almost as draining on the nerves as the process itself. Although, you want it to be over, regrettably, a divorce does not become final until a mandatory waiting period has passed. Waiting periods vary from state to state but on average, there is up to a six-month waiting period after the initial divorce petition has been filed and served. Some state laws can go as high as up to a year or more if some of the divorce issues have not been resolved. Contact me today, San Antonio divorce attorney Arthur G. Augustine and find out about the waiting period in your area.

The Divorce Waiting Period in Texas

Because the length of time for the divorce to be final is different in every state, the length of time it will take for your divorce to become final depends on where you live. And since changes often occur in the legal arena, it is important to check with a Board Certified San Antonio divorce attorney to gain insight into any changes in your state regarding divorce-waiting periods, particularly because changes could potentially affect the process. Before taking any action, or filing for divorce, it’s best to get answers from a San Antonio divorce lawyer.

Sec. 6.702.  WAITING PERIOD.  (a)  Except as provided by Subsection (c), the court may not grant a divorce before the 60th day after the date the suit was filed.  A decree rendered in violation of this subsection is not subject to collateral attack.

(b)  A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally.

(c)  A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that:

(1)  the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner’s household; or

(2)  the petitioner has an active protective order under Title 4 or an active magistrate’s order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage.

Waiting Period Effects on Children

In some states, there is consideration of extending divorce waiting periods particularly for those individuals with children. Obviously, when a couple is immersed in divorce proceedings, they don’t always take into account the effects on children, which is why it’s so important to speak with an impartial San Antonio divorce attorney. Far too often divorces are granted before child custody, child visitation and child support issues are resolved. Contact me, I am a San Antonio divorce lawyer. I will always steer you in the right direction.

3107 Broadway Street, San Antonio, TX 78209-6718 (210) 338-8225  ?  Lawyer | Divorce Lawyers | Family Attorney | Child Custody Attorney | Child Support Lawyer | Justia | Attorney | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch | Attorney Marketing| SEO Company