The Difference
Family Law & Divorce
Frequently Asked Questions
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What is the difference between joint custody and sole custody?In Texas, joint managing conservatorship is the default position of the courts. Usually, it is in the best interest of the child to have both parents equally involved in their lives. Joint managing conservatorship means both parents will have joint rights and duties as it relates to the children although some rights may be given exclusively to one parent (education and medical for example). Sole custody means that only one parent will get the exclusive right to make most decisions for the children but the other parent will still have visitation rights. In order to get sole managing conservatorship, a party must demonstrate that it will not be in the best interest of the child to have joint custody. Usually, this involves showing the court that there has been some abuse or neglect by a parent.
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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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When is a party entitled to receive spousal support?In Texas, courts are generally reluctant to award spousal support. A party will only receive court-ordered spousal support if the marriage has lasted ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or the other spouse has committed family violence; or the requesting spouse has an incapacitating disability that arose during marriage; or a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.
The Dieye Firm Difference
We take the time to listen to you to fully understand your particular Divorce or Family Law case. Then, we work together to craft and execute on a unique solution tailored to meet your desired outcome.
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