Family Law

DIVORCE

Ending a marriage is never an easy decision. Not only do you need to think about ending your marriage and what is best for you, it is also important to consider how your decision affects your entire family. A variety of issues impact your divorce, including finances and support, where you will live, and the impact on your children. Aric J. Garza Law PLLC understands how difficult the divorce process can be, both practically and emotionally, and we work with each client individually to determine the best way he or she can address their goals during this difficult process of ending their marriage.

Divorce is Complicated. Chances are the moment you began speaking openly about your divorce with friends and family, you were inundated with advice and information. Though they mean well, most people have a limited understanding of how the family law court system works in Texas, not to mention how different laws are from state to state and the frequency with which those laws change. This is why it is so important to hire a family law attorney who understands all aspects of Texas family law.

One of the biggest surprises about ending a marriage is how complicated the legal process can be. Most people understand that ending a marriage is a tough emotional decision, but few are prepared for the detailed nature and complexity of the legal process. Since ending a marriage is about undoing a relationship that was sanctioned by law, spouses must pay special attention to what the law requires to end that relationship. Even on the best emotional terms, navigating the Texas family law court system requires the support of an experienced family law attorney.

Divorce Involves Sensitive Issues. Every family is different and everyone seeking a divorce is faced with issues that are unique to their circumstances. Finding an attorney who understands the sensitive nature of these issues is essential. Never is this truer than when divorce affects children. Your children are precious and must be protected during this difficult process. Whether you and your spouse want to work together to create an arrangement that is satisfactory to everyone involved or whether you are faced with complicated issues such as property division, spousal maintenance, or allocation of parental responsibilities, you need a family law attorney on your side who understands your priorities.

There are no short cuts when it comes to what is best for your family. Whether you and your soon-to-be-former spouse are open to a collaborative divorce or high conflict exists, an experienced attorney is your greatest asset during this challenging transition.

CONSERVATORSHIP

You have many things to consider when faced with divorce or ending a relationship, but nothing is more important than your children. As a parent, your first priority must be to protect your children and do what is in your children’s best interests. Unfortunately, no matter what you do, your children are affected by the end of your marriage or relationship. Your job is to make the transition as easy as possible for them. You need an experienced family law attorney who can help you achieve this. In Texas, child custody is referred to as conservatorship. This addresses the amount of time children spend with each parent, and takes into account which parent and to what extent each makes important decisions in the child’s life. Conservatorship is determined either by a parent-designed “parenting plan” or by the court when the parents are unable to come to terms on an agreement.

If you are going through a divorce, conservatorship will be determined as part of the dissolution proceedings. If you have never been married, but have children together, then a petition for conservatorship will need to be filed. A determination of parental responsibilities can be determined on a temporary basis through final orders.

Putting Your Child’s Best Interest First. Experienced family law attorneys understand how important it is to protect your children during the process of dissolving a marriage or ending a relationship. We understand that this protection begins from the moment a petition for dissolution of marriage or a petition for conservatorship is filed.

Whether your goal is to make the transition easy on your child and maintain a cooperative parenting relationship with your soon-to-be ex, or you have concerns about your child’s safety and you want him or her protected from your spouse, we do whatever it takes to support you and your child.

Your Attorney Works as an Advocate for Your Child. Not only is your family law attorney your advocate, he or she is also an advocate for your child. Experienced attorneys understand your priorities and make them their own. Issues pertaining to where your child will live, how much time they will spend with each parent and which parent will make major decisions regarding your child can be very sensitive and unless you have someone in your corner, you cannot be certain the court will make the best decision for you and your child.

What Do You Do When Things Change? Life takes many twists and turns, and if you are divorced or separated with children, these changes can affect your life as a parent. Modifying a parenting plan to accommodate life changes is possible, but it requires legal expertise. Just as you did during your divorce or separation, you must navigate the complicated legal system when modifying a parenting plan. You need the experience of a family law attorney.

CHILD SUPPORT

Child support is one of the most contentious issues to arise during a divorce or separation. In Texas, child support laws are complex and confusing, and are based on a number of factors.

Like many states, Texas has a system in place used to calculate child support. The amount is generally determined in part by the gross monthly income of parent who has the child support obligation. The preliminary amount is calculated using the Texas child support guidelines promulgated by the Office of the Texas Attorney General. The resulting child support obligation is considered to be a rebuttable presumption. This means unless good cause exists, the court will not deviate from these guidelines.

Other factors included in the child support calculation are health insurance premiums, extraordinary medical expenses and work or education-related daycare costs. These costs must be taken into account and included in the Texas child support guidelines when determining child support payments. It is important to work with an experienced family law attorney who understands all aspects of the Texas child support guidelines. You need an attorney who works to ensure favorable results for you on these issues and sees that a final order is drafted that minimizes future conflict and confusion.

Despite having a system in place, there might be extenuating circumstances or issues that arise throughout the case that results in a dispute between the parents. A family law attorney experienced with child support issues and fully aware of how the legal system governs child support can help.

Modifying Child Support. There are instances in which a modification can be made to an existing child support arrangement or order. When either spouse has a significant change in income, the child’s parenting time is changed substantially, or other costs change the current child support order should be reviewed to determine whether a modification is warranted. Regardless of whether you receive or provide child support, you need the support of an attorney to educate you regarding a potential modification of child support.

Are you in the midst of a dissolution of marriage or allocation of parental responsibilities action? Are you concerned decisions about child support could cause strife during the process? We can help. Aric J. Garza Law PLLC advises clients regarding child support arrangements and modifications. We understand that the well-being of your children is your most important priority during this process. We also know how difficult it can be for parents to work out a child support agreement that is fair and acceptable to everyone involved.

If you have decided to pursue a dissolution of marriage or your spouse has requested a divorce, you need legal representation. Aric J. Garza Law PLLC understands how complicated divorce can be and they know that issues regarding maintenance can often be highly contentious. If you would like to schedule a consultation or you are ready to discuss the details of your divorce, contact Aric J. Garza Law PLLC today.