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Law Offices of Mark M. Childress, PLLC Law Offices of Mark M. Childress, PLLC
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  • Alimony

    • What is the difference between spousal maintenance and contractual alimony?
      Spousal maintenance is ordered by the court under certain conditions, while contractual alimony is an agreement between spouses, typically included in a divorce settlement.
    • Are there limits to spousal support in Texas?

      The amount is based on the receiving spouse’s needs and the paying spouse’s ability to pay. However, Texas law caps spousal maintenance at $5,000 per month or 20% of the paying spouse’s monthly income, whichever is less.

    • Can alimony be terminated in Texas?
      Yes, spousal support typically ends if the recipient remarries or cohabitates with a new partner. It also terminates upon the death of either party.
    • Can spousal support be awarded during the divorce process?
      Yes, a spouse can request temporary spousal support during the divorce proceedings to help with living expenses until the divorce is finalized.
    • Can a prenuptial or postnuptial agreement affect spousal support?
      Yes, prenuptial or postnuptial agreements can include provisions waiving or limiting spousal support, and courts generally uphold these agreements unless they are unconscionable.
    • Can I receive spousal support if I’m working?
      Yes, but the amount and duration of support may be affected by your earning capacity. If you can support yourself fully, the court may deny or reduce spousal maintenance.
    • What if my spouse refuses to pay court-ordered spousal support?
      If a spouse fails to pay court-ordered support, you can file a motion for enforcement with the court, which may result in wage garnishment, fines, or even jail time for noncompliance.
    • Is spousal support awarded in every divorce case in Texas?
      No, spousal maintenance is only awarded in limited circumstances where the requesting spouse cannot meet their basic needs and meets the statutory requirements.
    • Does adultery affect spousal support in Texas?
      While Texas is a no-fault divorce state, courts may consider marital misconduct, such as adultery, when determining spousal support, especially if it impacts the financial situation.
    • Can spousal support be part of a settlement agreement?
      Yes, couples can negotiate spousal support terms as part of their divorce settlement agreement, which may provide more flexibility than court-ordered maintenance.
    • Is spousal support common in short-term marriages?
      Spousal support is less common in short-term marriages unless there are extenuating circumstances, such as a disability or family violence. Courts are more likely to award support after longer marriages.

  • Modifications

    • Can spousal support be modified in Texas?

      Yes, spousal maintenance can be modified if there’s a substantial change in circumstances, such as a change in the paying spouse’s income or the recipient’s financial needs.

    • What constitutes a “material and substantial change” in circumstances?

      Examples include a parent’s relocation, a parent losing their job, changes in the child’s health or educational needs, or a parent engaging in behavior harmful to the child (e.g., substance abuse).

    • What types of court orders can be modified in Texas?

      Court orders related to child custody, visitation, child support, and spousal support (alimony) can typically be modified if circumstances change significantly.

    • How do I file for a modification of a court order in Texas?

      You’ll need to file a petition to modify the court order in the same court that issued the original order. A hearing may be required, and evidence of the change in circumstances will need to be presented.

    • Can the other parent and I agree to modify the court order without going to court?

      While you can agree to changes, you still need the court to approve the modification and issue a new order. Without court approval, your agreement isn’t legally enforceable.

    • How long does the court order modification process take?

      The timeline can vary, but it typically takes a few months. If both parties agree to the modification, it may be quicker. If there’s a dispute, it could take longer and may require mediation or a court hearing.

    • Do I need an attorney to request a court order modification?

      While not required, having an attorney can ensure that your modification request is properly filed and increases the likelihood of a successful outcome, especially if the other party disputes the change.

    • Can child support orders be modified?

      Yes, child support orders can be modified if there has been a material and substantial change in circumstances or if it's been three years since the last order and the new guidelines would differ by $100 or 20%.

    • Do I have to wait a certain amount of time before requesting a modification?

      Generally, there is no waiting period for requesting modifications, but in child custody cases where you are wanting to flip custody there is a much higher standard that must be met if we file within one year. One of our custody attorneys can discuss the ramifications of this during a free initial telephone consultation.

    • Can a child’s preference affect a custody modification in Texas?

      Yes, in Texas, if the child is 12 years or older, the court may consider their preference when deciding on a modification of custody or visitation, but the child’s preference alone is not determinative.

    • What happens if I move out of state—can I still request a modification?

      If you move out of Texas, you can still request a modification, but you may need to file in the state where the original order was issued, unless jurisdiction is transferred.

    • Can the court order be modified temporarily?

      Yes, in some cases, you can request a temporary modification (such as in cases of illness, short-term relocation, or emergencies) until a final decision is made.

    • What evidence is needed to support a modification request?

      You’ll need to provide evidence of the substantial change in circumstances. This may include financial records, medical reports, school records, or testimony from witnesses who can attest to the changes.

    • Can a court order modification be backdated?

      Generally, court order modifications are not backdated; they take effect from the date the petition is filed. Any obligations prior to the modification request typically remain enforceable.

    • What if the other parent doesn’t follow the modified order?

      If the other parent fails to follow the new court order, you can file a motion for enforcement, which may result in fines, penalties, or even jail time for noncompliance.

  • Divorce

    • Do I need a divorce lawyer?
      Divorce proceedings can be an overwhelming and complicated process. If you have children, significant assets, or complex financial agreements, then it is highly recommended that you consult with a lawyer to ensure that all your rights and interests are respected and that any potential settlements are fair. A lawyer can also provide helpful advice and guidance throughout the legal process. Even if your divorce is uncontested, then it is still helpful to work with a lawyer from the start.
    • How does the divorce process work?
      Once the Original Petition for Divorce is filed, there is a mandatory waiting period of 60 days. From there, how the process works is largely up to the participants and their willingness to work together. An uncontested divorce can be wrapped up relatively quickly, while a highly contentious divorce could last months or even years. We focus on achieving favorable outcomes for our clients and their children as quickly as possible so that they can move on with their lives. We are skilled at resolving divorces in several ways, including mediation and litigation.
    • What is divorce mediation?
      Divorce mediation is an alternative dispute resolution (ADR) process in which a trained mediator helps divorcing couples reach mutually satisfactory agreements on key issues such as child custody, visitation rights, division of assets, and alimony. The mediator remains neutral throughout the process and does not advocate for either spouse. Throughout the negotiations, both parties are encouraged to express their needs and concerns in a safe, respectful environment where cooperation is key. Mediation can help divorcing couples maintain control over the outcome of their case by allowing them to come up with creative solutions that work best for both parties.
    • I get along with my spouse, and we are ready to amicably go our separate ways. Why do I need an attorney?
      It is wonderful that you have a spirit of cooperation with your spouse as you approach your divorce. But even an uncontested divorce has potential pitfalls. We will make sure you understand all of your options and their ramifications so you can make an informed decision about how to proceed. We encourage you to be as cooperative as possible. However, it's important to remember that you are held to the same standards as an attorney when appearing before a judge. If you submit incorrect documents or make mistakes, it may lead to additional costs for us to correct these issues later, if they can be corrected at all. It's crucial to get things right the first time to avoid these potential complications and expenses.
    • Why should I worry about property division if everything will just be split in half?
      The idea that all property will be split 50-50 in a divorce is a misconception about community property laws. A judge can decide to deviate from 50-50 for many reasons. Even if your marital estate is split 50-50 by a judge, it is in your best interest to have an attorney on your side to ensure that the estate's assets and debts are properly valued to avoid an unequal distribution.
    • What should I look for when hiring a divorce lawyer?
      When looking for a divorce lawyer, it’s important to consider their experience, reputation, and your comfort level. You should look for a lawyer who has experience in family law and the laws that apply to your particular situation. It is also important to find someone you feel comfortable with so you can openly discuss the details of your situation and trust that they will be open, honest, and supportive throughout the process. Reading reviews from previous clients can also give you an idea of what to expect before making a decision.
    • What experience does your firm have with divorce cases?
      Our team at the Law Offices of Mark M. Childress, PLLC focuses on family law and divorce cases. We have been highly decorated and recognized by various professional organizations that rate and review law firms, especially those that also focus on family law. For example, some of our distinctions include “Best Divorce Lawyers in Fort Worth 2022” by Expertise.com and “Top 10 Family Law Firm” by Attorney and Practice Magazine.
    • How does your firm communicate with clients and keep them informed?
      We are proud to be a law firm that stays in close and frequent communication with our clients. We know that few things are more frustrating than feeling uninformed while something as important as a family law or divorce case progresses. To ensure that you are confident and informed about the progress of your case, we provide substantive updates as developments occur. Additionally, you can email your attorney, who will strive to respond within twenty-four business hours, depending on their trial schedule. Alternatively, for a more streamlined communication, we recommend scheduling a Calendly call with your attorney, which is our preferred method of communication.
    • How much does divorce cost in Texas?
      • Filing fee ranges from $350.00 - $450.00
      • Process server fee ranges from $75.00-$150.00 on average depending on complexity of service.
      • Retainer – the amount necessary to retain our services so that we can represent you. This retainer acts as a pre-payment toward future legal services. As the attorney performs work on the client's case, such as conducting research, drafting documents, making court appearances, or communicating with the client and others related to the case, the firm bills these hours or services against the retainer. The retainer quoted is tailored to the specific needs of your case and the hourly rate and services are detailed in the firms client fee agreement when you become a client.
    • How long does divorce take in Texas?

      A Texas divorce can take anywhere from 60 days or longer, depending on the complexity of the issues that need to be resolved (i.e., deciding on child custody or figuring out property division). In addition, as mentioned above, once the petition is filed, there is a 60-day waiting period before the divorce is finalized.

    • How long do you have to be separated before you can file for divorce in Texas?

      There is no separation requirement in order to file for divorce in Texas. As long as you or your spouse have lived in the state for six months and one of you has been a resident of the county you're filing in for at least 90 days, you can file for divorce.

  • Family Law

    • What are my rights as a parent? How can I maximize time with my children?
      As a parent in a Texas divorce, you have the right to seek custody (conservatorship), visitation (possession and access), and decision-making authority over your children. Courts prioritize the child’s best interests, often granting joint custody unless circumstances dictate otherwise. To maximize time with your children, you should request a favorable possession schedule and demonstrate your active involvement in their lives. If the other parent won’t agree to you having time, the best way to maximize it is to set your case for a hearing on temporary orders, where the court can establish a fair schedule while the case is pending.
    • My spouse is threatening to keep my kids away from me. What can I do?
      If your spouse is threatening to keep your kids away from you, stay calm and document all communication. In a Texas divorce, both parents have rights to their children unless a court orders otherwise. You can file for temporary orders to establish a custody schedule and prevent interference with your parenting time. If your spouse violates court orders or withholds the children, you can seek enforcement through the court. Acting quickly and seeking legal help can protect your rights and ensure you maintain a strong relationship with your children.
    • I'm trying to make my support payments, but I just can't make it work. What can I do?
      We understand. Life is always changing, and divorce decrees cannot predict the future. If you have had a material change in your financial circumstances, we can help you seek a modification to your spousal support obligations.
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