Texas Petiton for Divorce with Minor Children
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FAQ
If you have a contested child custody case, you may spend anywhere from $5,000 up on your divorce, depending on the issues involved.
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Texas child support laws provide the following Guideline calculations: one child= 20% of Net Monthly Income (discussed further below); two children = 25% of Net Monthly Income; three children = 30% of Net Monthly Income; four children = 35% of Net Monthly Income; five children = 40% of Net Monthly Income; and six
Under the Texas Family Code no divorce with children is absolutely required to include child support.In an uncontested divorce with children the spouses may agree not to include child support in the divorce for various reasons.
Whether you are separated and have not filed for divorce or you were never married to the other parent, you can still get child support.Texas courts cannot compel a father to pay child support until paternity is established.
Parents can sometimes agree that paying no child support is needed. However, there are reasons why child support is ordered.If both parents have 100% faith that the other parent will do their necessary part to support the child a judge may consider no support being ordered.
The only way to permanently "waive" child support is to have your parental rights terminated, which will, in your circumstances, require the fathers consent. Otherwise, he can always come back and ask the court to modify your orders...
It's incredibly rare that a 50/50 agreement doesn't involve child support in Texas because both parents rarely earn the same income.If you're the higher earner, the court will say something like, Breadwinner, your child support is set at X amount based on your income.
In Texas divorce cases, it does not matter who files first. In other words, it does not make a big difference who is the "petitioner" (i.e. the person who files first) or who is the "respondent" (i.e. the person who responds to the divorce petition).
