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At The Jimenez Law Firm, we understand how difficult it can be when you need legal help. You can reach out to us for help with your situation that has gotten complicated and there are no easy answers or solutions you can see getting through this difficult time. Were committed helping people like yourself. The Jimenez Law Firm has the legal staff that that can assist clients with Family Law, Divorce, Child custody and support, Modification of orders, Enforcement of orders, Family violence, Grandparents rights and Termination and adoptions.
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Termination of Parental Rights
Parental rights may be terminated for any number of reasons, such as a parent’s imprisonment or a history of child abuse. For more information about the termination of parental rights in Texas, please refer to the article below.
Termination of Parental Rights Texas
Texas courts take the voluntary or involuntary termination of parental rights cases very seriously. Whenever possible, the court prefers to keep families and parental rights intact. However, under certain circumstances, it may be necessary to end the parent-child relationship such as if the parent voluntarily terminates their rights or parents abandoned the child.
What happens when parental rights are terminated?
The Texas Family Code recognizes a parent as any person who is the child’s legal or natural mother or father. The legal parent could be a biological parent, stepparent, or adoptive parent. When a person’s parental rights are terminated, several things happen. The loss of parent’s rights mean the parent will:
No longer have any legal rights to a parent-child relationship.
Give up the right to any contact or visitation with the child – this may be different in adoption or voluntary termination cases.
Have no part in raising the child.
Be removed from the child’s birth certificate.
No longer have a right to contest an adoption.
No longer have an obligation to pay child support.
Whether voluntary or involuntary, the court must approve a petition to terminate a parent’s rights. Signing the affidavit alone is not enough. The court must first hear the petition and review the complaint against the parent(s) and consider the child’s welfare and best interest. They will review any evidence submitted to the court and may conduct their own investigation into the claims. If there is clear and convincing evidence that the parent is unfit and reasonable efforts to reunite the family have been unsuccessful – only then will the court terminate a parent’s rights.
Terminating Parental Rights
Who Can File for Termination of Parental Rights?
Either parent can file for termination. If you are not the child’s natural parent, you can file if you are:
The alleged father of the child
A foster parent
A prospective adoptive parent
A close relative
The guardian ad litem filing on behalf of the child.
A legal guardian of the child
A person with the court-ordered visitation of the child
A person who has had the total care, control, and possession of the child for at least six months.
The managing conservator of the child
A person living with the child and the child’s parent, guardian, or conservator.
The Department of Family and Protective Services
A licensed child-placement agency, such as for foster care or adoption services
Spousal Maintenance Problems for Texas Court
While a judge can order a spouse to pay spousal support, this does not always mean that they follow through. At some point after the divorce is final you may encounter issues with payment. Here are some of the issues you may face and what options you may have for addressing them.
Falling Behind on Spousal Maintenance Payments
If you have an order for support it is important that you make your payments on time and according to the conditions of the order. In Texas, an order for support is treated the same as child support. Failure to pay can result in serious consequences.
If Your Spouse Refuses to Pay
If your spouse stops paying spousal support and is unwilling to pay, you will need to file a motion to enforce with the court. The court will charge your spouse with contempt. This is a hefty charge. If your spouse is found to be in violation of the legal order it can result in wage garnishment or even jail time under the law.
Can I Modify My Support Order?
Spousal support orders are final and enforceable by law. Changes to your legal order are difficult to make and require special circumstances.
If you are unable to pay due to a major change in your financial situation, it is important to let the court know as soon as possible. Communicate these changes with your ex-spouse, your lawyer and continue paying what you are able to during this time. Doing so will help you avoid contempt charges.
Can Spousal Support End Early?
There are some circumstances that would end an order of support early. An order may end early if the recipient spouse dies. An order does not always end upon the death of the paying spouse. In some cases, the judge may order that the rest of the support order get paid from the deceased’s estate. An order for support may end early if the receiving spouse remarries or begins living with a partner who supports them financially.
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Divorce Lawyer - Attorney Divorce Near MeDivorce Lawyer - Attorney Family LawDivorce Lawyer - Attorney Fees For DUIDivorce LawyerDivorce Lawyer - Attorney Fees For Domestic ViolenceDivorce Lawyer - Attorney Family Law AttorneyA DWI Conviction Can Cause Devastating Consequences
Drivers face large fines, loss of driving privileges, or even jail time. The attorneys at The Jimenez Law Firm, P.C., understand the severity of a conviction and will explore every legal avenue to craft an effective defense unique to your situation. We will work to have your charge minimized as much as possible, but if trial litigation is necessary you’ll be represented by an experienced and aggressive defense team.
DWI: Driving while intoxicated, or more commonly referred to as DWI, is gauged by measuring a driver’s blood-alcohol content (BAC). If the driver’s BAC is .08 or higher, he or she is considered intoxicated. If the driver refuses to breath into a Breathalyzer, that person faces a mandatory revocation of his or her driver’s license for one year.
DUI: DUI, or driving under the influence, is different from DWI. DUI does not require intoxication, like DWI does, but rather it refers to any detectable amount of alcohol.
DWI/DUI Arrest Lawyers
In many situations, a first offense can be handled relatively quickly. There are still consequences, but it might be possible to get an occupational license or enroll in a diversion program depending on your county and circumstances. It is important to contact an attorney who can properly defend you. Whether that defense hinges on the legality of the initial stop or the validity of the Breathalyzer results, we will build the strongest defense possible in your situation.
Contact Our Firm
If you have questions regarding DUI or DWI defense, contact The Jimenez Law Firm, P.C., by calling or by completing the contact form on this website. We offer consultations and accept most major credit cards for the payment of services.
Divorce Lawyer Files
Divorce Lawyer Files
Understanding Spousal Maintenance
There are many factors that play into a spousal maintenance order. The judge will consider these factors when deciding what type of support you will receive and for how long. Understanding these factors can help you prepare to support your petition or argue for a more favorable payment schedule.
What Factors Does the Court Consider for those seeking maintenance?
A judge will consider the following basis factors:
The financial resources available to the spouses after the distribution of marital property.
Each spouse’s level of education and employable skills
Time needed to finish a degree and/or training needed to find gainful employment.
A spouse’s access to such training and how likely they are to complete it within a certain timeframe.
The age and health of each spouse.
The length of the marriage, marriages lasting 20 or more years may qualify for a longer-term payment schedule.
If support is necessary to maintain a similar pre-divorce standard of living.
If there is a history of abuse.
Any other special circumstances that might be grounds for support.
A spouse may choose to pay this support in a lump sum (if they are able to) or as monthly payments.
What are the Texas court requirements to receive spousal maintenance?
There are some rules you must follow to be in compliance with your order for support:
Spousal maintenance payments are payable only by cash transfer or a check.
Payments in the form of assets or paying off a spouse’s debts will not count toward your order for support.
The payment schedule must be in the divorce decree or other written agreement.
Payments must continue until the recipient remarries, dies, or the term of the agreement expires.
Payments occurring before the divorce is final will not count toward your order for support.
Support payments cannot begin while both spouses still live in the same home.
Payments cannot begin in the same year that you file a joint federal income tax return.
When does Spousal Maintenance End?
Unless agreed on in a valid legal contract, the judge will determine how long spousal maintenance in Texas will continue. The judge bases this on several factors:
The length of the marriage
How long it will take for the recipient to become self-sustaining
The age and health of the recipient
Spousal support lasts for the shortest reasonable amount of time that allows the receiving spouse to become self-sustaining. For example, temporary support lasts only until the divorce is final. However, permanent support may continue until the recipient dies or remarries.
Depending on the type of support, there are some definite limits to how long payments will continue. In a marriage lasting less than 10 years that ended due to family violence, the maximum duration is no more than 5 years. In a marriage of 30 or more years spousal support can continue for no more than 10 years. With a disabled spouse or a spouse caring for a disabled child of the marriage, payments will continue as long as the spouse is eligible.
Spousal Support and Taxes
Spousal maintenance payments are tax deductible for the payer. These payments are taxable as income to the recipient.
Spousal Support in Texas
Understanding Spousal Support and Maintenance
Learn what it takes to qualify for spousal support / maintenance (alimony), and what you will need to prove to the court to receive spousal support.
Types of Spousal Support and Maintenance in Texas
If you are going through a divorce, you may have questions about ‘alimony’, or spousal support. Spousal support helps to offset the financial issues a non- or lower-wage-earning spouse may face after divorce. These payments are separate from the marital property, child support, or other payments. Below are the different types of spousal support or spousal maintenance.
Temporary Support or maintenance
The court may order you or your spouse to pay temporary support or spousal maintenance. The court may order this type of spousal maintenance when a couple separates while the divorce is pending. This type of spousal maintenance ends when the divorce becomes final.
Short Term and Rehabilitative spousal maintenance
Short Term and Rehabilitative Maintenance are terms often used interchangeably. At separation, a spouse may identify that they need time to find employment and become self-sustaining. This spousal maintenance lasts until a certain date when the recipient should no longer need the help.
Permanent Support
Sometimes in Texas an order of support does not have a specified end date. This is what the court refers to as permanent support. This type of support continues until the death of the payor or recipient, or if the recipient remarries.
Who Can Receive Spousal Support or Spousal Maintenance
In Texas, the court will not prevent a spouse from choosing to pay spousal maintenance either on their own or as part of a prenuptial or postnuptial agreement.
However, if your spouse does not offer to pay, you will need to petition the court. To be eligible you must prove that you are unable to support your reasonable needs and:
Your inability is due to physical or mental disability;
Your inability is due to being the custodian of a child of the marriage who requires exceptional care due to physical or mental disability;
Your marriage lasted 10 or more years.
You may also be eligible for spousal support payments if the paying spouse was convicted or received deferred adjudication for an act of family violence committed:
During the marriage but no more than 2 years before filing for divorce; or
While the divorce is pending.
You will also need to prove you are working hard to become self-sustaining. This may include looking for a job or going back to school. You might take a certification or training course to update your resume.
Preparing for Divorce
If you have determined that divorce is the solution you are looking for, it can be helpful to the proceedings if you begin compiling paperwork. These documents can be bank records, police reports, photos of abuse, contracts and any information regarding property and assets. Often times, during a divorce proceeding, these things may be lost or destroyed. It is important that you preserve as much favorable information as you possibly can. Some of these documents and photos may be admissible in a court of law. These items can prove to be extremely persuasive during negotiation and litigation. Our legal team strongly suggests visiting our firm prior to filing for divorce. This will give our team an opportunity to decide the best overall strategy for your specific case.
What to Expect During the Divorce Process Like every legal matter, each divorce is different and presents many complex issues that will only come to light once we engage in a consultation at our office.
However, most often the process will commence as follows once we are retained. Our legal professionals will draft a customized petition for divorce, temporary restraining order and order setting temporary hearing. A temporary hearing will be conducted with fourteen days of filing the petition for divorce, temporary restraining order and order setting temporary hearing. Prior to the temporary hearing we will attempt to negotiate with either the opposing party or opposing counsel. If we are able to reach an agreement, we will attend a short hearing and prepare the required court order. If, however, the negotiations are unsuccessful, we will then prepare for a contested temporary hearing. At this time you and the attorneys will work as a team to ensure that all necessary witnesses and documents are presented as evidence. At the conclusion of this hearing the court will determine the issues of temporary conservatorship, visitation, child support, medical insurance and exclusive use and possession of property. These orders will remain in effect for a minimum of 60 days since this is the minimum length a party must wait to obtain a divorce in Texas.
Once the 60 days have lapsed, we will once again attempt to negotiate a final settlement with the opposing party. At this time, if your divorce is uncontested, we can have a simple hearing and announce our agreement to the court. If any matter remains contested our lawyers will prepare for litigation.
Post Divorce Proceedings
Modification of Orders: Even after a divorce is finalized, we might have to help clients modify the judgment orders relating to child support, spousal support or visitation.
Enforcement of orders: Once a judgment is made, the judge’s orders must be followed. If orders regarding child support, spousal support or visitation are not followed, the violator can be subjected to contempt proceedings. The punishment for contempt actions can include a fine of up to $500.00 per violation and / or confinement in jail for up to six months per violation. Our dedicated team of attorneys takes honor in the judicial system and litigates enforcement matters with passion. On the other hand, if you find yourself the subject of an enforcement matter, we look to the enforceability of the prior order and obtain the best possible resolution.
Contact Our Firm
If you have questions regarding divorce, contact The Jimenez Law Firm, P.C., by calling or by completing the contact form on this website. We offer consultations and accept most major credit cards for the payment of services.
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Flower Mound, Lewisville and Midland-Odessa Divorce Attorneys
When it becomes clear that divorce is the only answer the emotional weight can be overwhelming. Engaging an experienced and effective legal team can help you navigate these pressures and reach the most successful resolution. With emotions potentially clouding your situation, it is wise to call upon a skilled team of attorneys who can effectively guide you toward a successful resolution.
At The Jimenez Law Firm, P.C., our North and West Texas divorce lawyers have a great deal of experience handling a wide range of family law matters. What is important to us is to accurately assess your goals in order to properly determine a strategy. Our strategy for your case is determined only after we deeply understand your goals. Our process dictates a thorough understanding of the facts of your case from children to assets to personal values and beliefs. Our many satisfied clients have not only achieved their goals but took comfort in our attention to their questions. We will take the time to discuss all of the facts of your case, from children to assets and debts. Our clients appreciate our thorough approach as we educate them on the legal process and the obstacles they might have to overcome along the way.
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