The Difference
Family Law & Divorce
Frequently Asked Questions
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What are the factors a court considers when determining spousal support?The overriding principle is the needs of the recipient party balanced with the ability of the other spouse's ability to pay. There is no exhaustive list for a judge to use, but they should consider the financial situation of both spouses, the contribution of each spouse to the marriage (including whether or not one party sacrificed their career to raise children), the age, employment history, education, health and earning capacity of the spouse requesting support, spousal violence, and any fault in the break-up of the marriage.
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How much is child support if it is ordered?Texas uses a specific formula to determine the amount of child support. It is based on a parent's gross income and the number of children that the parent has. The possession schedule has no bearing on child support, nor does the recipient spouse's income. That is because child support is the right of the child and not the other parent. It is important to remember that the formula is merely a guideline.
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What is the difference between a contested and an uncontested case?Contested cases mean that the spouses cannot agree on something (or sometimes, on anything). Depending on how contentious the case is, this might require a formal exchange of documents, multiple hearings, and attempts at mediation before the case can be finalized. An uncontested divorce means the couple has agreed on everything, from the division of their property to children’s issues. These divorce cases are usually disposed of quickly.
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