Texas Divorce Laws Continued

The court generally limits the duration of maintenance to three years or less, unless the person seeking support cannot obtain appropriate employment due to a physical or mental disability, duties as the custodian of an infant or young child, or other compelling impediments to gainful employment. A court may not order maintenance that requires an obligor to pay monthly more than the lesser of:

• $2,500
• Twenty percent of the spouse's average monthly gross income. The obligation to pay future maintenance terminates on the death of either party or on the remarriage or cohabitation of the obligee with another person in a permanent place of abode on a continuing, conjugal basis (as determined by a court hearing). [Based on Texas Statutes; Family Code, Chapter 8.051 through 8.056]

In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name. [Based on Texas Statutes; Family Code, Chapter 6.706]

The best interest of the child shall always be the primary consideration in determining custody, without regard to the sex of the parent or child. Sole or joint custody may be awarded, but presumption shall be for joint managing conservators. A finding of a history of family violence involving the parents of a child removes the presumption under this subsection. The court shall use the following factors in determining custody:

• Whether the physical, psychological, or emotional needs and development of the child will benefit from the appointment of joint managing conservators.
• The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest.
• Whether each parent can encourage and accept a positive relationship between the child and the other parent.
• whether both parents participated in child rearing before the filing of the suit.
• The geographical proximity of the parents' residences.
• If the child is 12 years of age or older, the child's preference, if any, regarding the person to have the exclusive right to designate the primary residence of the child.
• Any other relevant factor.

[Based on Texas Statutes; Family Code, Chapter 153]

The court may order either or both parents to support a child in the manner specified by the order:

• Until the child is 18 years of age or until graduation from high school, whichever occurs later.
• Until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law.
• Until the death of the child.
• If the child is disabled as defined in this chapter, for an indefinite period.

The court may order that child support be paid by periodic payments, a lump sum payment, and annuity purchase, the setting aside of property to be administered for the support of the child as specified in the order, or an combination of these methods. The court shall also order medical support for the child, as well as order income withholding to secure the payment of child support.

An agreement must be in writing and signed by both parties and is enforceable without consideration. The parties to a premarital agreement may contract with respect to:

• The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
• The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
• The disposition of property on separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
• The modification or elimination of spousal support.
• The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
• The ownership rights in and disposition of the death benefit from a life insurance policy.
• The choice of law governing the construction of the agreement.
• Any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.

The right of a child to support may not be adversely affected by a premarital agreement. After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration. [Based on Texas Statutes; Family Code, Chapters 4.002 and 4.003].

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