Affordable
Uncontested Divorce Online
In Texas
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Attorney Gerald D. Bruckner, founded LetsGetDivorced.com and its online divorce service to make filing an uncontested divorce more affordable, simpler, and faster.
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Why Choose Us For Your Divorce?
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Online divorce services like LetsGetDivorced.com are an inexpensive, budget-friendly alternative to traditional attorney representation for filing an uncontested divorce.
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For just $ 125, LetsGetDivorced.com offers a 100% online divorce service that prepares all the necessary documents for filing an uncontested divorce.
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This includes:
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- Expert Customer Support From Start to Finish to Get You Divorced Fast
Unlike many online services that do not provide any customer support, our friendly and knowledgeable team is available by phone and email to answer your questions and assist you at every step of the process until your divorce is granted.
- Fast, Same-Day Document Preparation
Our fast, same-day service provides ready-to-sign legal divorce documents that comply with your state's legal requirements—at a fraction of the cost of hiring an attorney.
- Convenient, 100% Online Divorce Service
Unlike many other services that rely on slow, outdated processes, such as mailing paper "workbooks" for clients to fill out, at LetsGetDivorced.com we use modern internet technology to do things better.
Paralegals and attorneys often require clients to mail these workbooks back and forth for review and corrections, which can take weeks. Because we use an online questionnaire, using LetsGetDivorced.com is simple, convenient, and very quick.
You can enter your divorce details and agreements with your spouse in minutes, and make instant corrections, and we also instantly deliver your completed divorce documents directly to your online account for your review and filing.
You can conveniently and privately access our service from anywhere at any time, using a computer or smartphone. This makes our service the fastest and most convenient way to get your completed divorce documents.
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How Our Service Works
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- Check Your Eligibility
Answer a few questions to find out if you can use our online divorce service.
- Answer Questions in Our Online Questionnaire
Use our guided online questionnaire and answer simple questions about your divorce and any agreements with your spouse. There's no complicated legal jargon and our customer support team is here if you have any questions.
- Quick Completion
On average, it takes about 15 minutes to fill out the questionnaire. It will take a little longer if your divorce involves children or property.
- We prepare Your Divorce Documents
Once you're done, we prepare all the necessary documents for your uncontested divorce, including a settlement agreement, ensuring they comply with your state's legal requirements and accurately reflect your agreements with your spouse. - Instant Access to Documents
As soon as your papers are ready, you can review them in your online account and instantly revise them if you decide you want to change or add anything.
- Sign and File
When you are ready, you and your spouse sign the documents, then file them with the court using our step-by-step instructions. If you have any questions, our support team is here to help.
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A Cost Effective Choice
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Our service is the most affordable attorney-founded uncontested online divorce service.
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It's an ideal, cost-effective option for anyone searching for an affordable attorney or a low-cost paralegal near them.
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Since our online divorce service is available throughout the state, clients can benefit from our exceptionally low price and fast, comprehensive service no matter where they live.
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Court Acceptance Guarantee
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For over 12 years, we've helped thousands of clients obtain uncontested divorces by using our fast and affordable online divorce service.
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We stand behind our service with a court acceptance guarantee: if a court rejects your documents due to our error, we'll redraft them or refund our service fee.
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Ready To Move Forward?
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Get your uncontested divorce documents for just $ 125.
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Backed by over a decade of trusted service.
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Save time, money, and stress with LetsGetDivorced.com.
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Customer Testimonials
Customer Testimonials
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Easy divorce experience
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Using letsgetdivorced.com, from beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
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E. Wick
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Wonderful customer support!
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Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
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Noah
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Read more reviews
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Texas Divorce FAQs
Texas Divorce FAQs
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What are the residence
requirements to file divorce
in Texas?
What are the residence requirements to file
divorce in Texas?
In Texas, when the divorce petition is filed, either the spouse who files it (the petitioner) or the spouse whom it is served on (the respondent) must have lived in Texas for the past six months.
And, one of the spouses must have been a resident of the county in which the petition is filed for at least 90 days before the filing.
How long does a divorce take
in Texas?
How long does a divorce take in Texas?
Texas requires a minimum 60-day waiting period between filing a Petition for Divorce
and when a judge can finalize the divorce, so the quickest a divorce can be granted is 61 days.
How much does a divorce cost
in Texas?
How much does a divorce cost in Texas?
The average cost for a traditional divorce invloving lawyers is around $7,567 not including the court's filing fee which averages approximately $300.
Note: Spouses seeking an uncontested divorce
using LetsGetDivorced.com's online divorce service can enormously reduce divorce
costs and get all of their divorce paperwork inexpensively for only
$125.
How to get a free divorce
in Texas?
How to get a free divorce in Texas?
It's possible to get a free divorce in Texas, but there are some requirements. First, the petitioner
should file for an uncontested divorce. Second, the petitioner needs to be able to get their divorce
documents, and have them filled out for free, or fill them out themself. And lastly, to not be charged the court's filing fee the
petitioner has to file, and have granted by a judge, the court's fee waiver form.
Note: Using LetsGetDivorced.com's online divorce service the petitioner can obtain and fill out
their divorce paperwork for only $125.
Is online divorce legal
in Texas?
Is online divorce legal in Texas?
The state of Texas allows people to file for divorce without using an attorney and permits online divorce services to provide and prepare the divorce forms
required to file for a divorce in Texas.
Is the fee to use
LetsGetDivorced.com
only $125?
Is the fee to use LetsGetDivorced.com
only $125?
Absolutely! Our fee for completing all your divorce forms online and providing access to our customer support team by phone or email is a one-time payment of just $125.
We have no hidden fees, no monthly subscription charges, and no document storage fees.
The plain truth is that we've chosen to offer our high-quality online divorce service at a very affordable price, that allows us to make a fair profit while keeping our company operational to assist as many people as we can.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
We wish we could include the court's filing fee but it can vary by county. The court can waive the filing fee for petitioners who qualify as low-income and file a request to have the filing fee waived.
What forms do I need to file
for a divorce in Texas?
What forms do I need to file for a divorce in Texas?
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In the state of Texas, these are the most common forms needed to file for an uncontested divorce without minor children.
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- Original Petition for Divorce
- Civil Case Information Sheet
- Information on Suit Affecting the Family Relationship (VS-165)
- Waiver of Service and Consent
- Marital Settlement Agreement
- Final Decree of Divorce
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Plus,
if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation.
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Using LetsGetDivorced.com, it's easy to prepare your divorce forms online for only $125.
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Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in Texas?
What is the cheapest and quickest way
to get a divorce in Texas?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in Texas because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
An uncontested divorce is the cheapest, quickest and most stress-free way to get divorced.
In an uncontested divorce both spouses agree to the filing and granting of their divorce and all of the terms of their divorce, including: the division of
their joint marital property (assets and debts) and the payment or waiver of spousal support. Also, if there are minor children of their marriage both spouses
must also agree on child custody, visitation and child support.
How is child support calculated
and handled in Texas?
How is child support calculated and handled in Texas?
The following is a general outline of how child support is usually calculated and handled in Texas:
In Texas, as in all states, parents have a legal obligation to support their minor children.
When they contemplate getting divorced, one of the most important issues is: How will child support work?
Texas has official child support guidelines that provide very detailed rules that determine the amount of monetary support (child support) that is to be paid after the divorce to support the minor children
of the marriage.
The basic concept of the child support guidelines is that the amount of child support is based on what is called the "net income" of the divorced parent who has the obligation to pay child support.
That sounds pretty simple, but the rules are very complex when it comes to determining what must be used to determine net income and when the spouses may be able to deviate from the guideline amount of child support.
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The Noncustodial Parent Pays Child Support
In a Texas divorce, the physical custody of a minor child can be agreed to by the parents, and if they cannot agree, custody will be decided by a judge.
Physical custody can be viewed as indicating which parent the minor child will primarily live with after the divorce. This parent is called the custodial parent.
The other parent, who the minor child spends less time with and who has a right of visitation to spend time with the child, is called the non-custodial parent.
Although a judge has the authority to order either parent or both of them to pay child support, typically, child support is paid by the non-custodial parent to the custodial parent.
The custodial parent has the obligation to use the child support payments they receive to provide daily support for the minor child that lives with them.
For example, they could provide their minor child with food, clothing and housing.
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How to Use the Texas Child Support Guidelines
The Texas Child support guidelines use an "income percentage" method that determines the net income of the non-custodial parent.
If you want to get a basic estimate of what the child support amount may be in your divorce, you can use a free child support calculator that is provided by the Texas Office of the Attorney General (OAG).
This calculator only handles cases where the non-custodial parent has only one source of income. For more complicated situations, you will need to use the rules in the guidelines to determine what constitutes
net monthly income and the specific amount of support according to the following steps.
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Gross Income Included in Calculating Child Support
For child support purposes, income includes:
- all wages and salary, including commissions, military pay, tips, overtime, and bonuses
- self-employment income
- interest and dividends
- net rental income from property the parent owns
- severance pay
- unemployment benefits
- retirement benefits
- veterans' benefits
- disability benefits, or
- workers' compensation awards.
Sometimes a parent in a divorce may decide to try to lower or avoid paying child support by becoming unemployed or underemployed.
They should keep in mind that a judge has the authority to impute (attribute) income based on what that parent is actually capable of earning.
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Net Income for the Texas Child Support Guidelines
To determine the non-custodial parent's net income for paying child support, you need to subtract the following costs from the total gross income:
- Social Security taxes,
- income taxes for a single person,
- the cost of health insurance, dental insurance, or cash medical support for the child,
- union dues, and
- non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.
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Number of Children Requiring Support
After you determine the noncustodial parent's "annual" net income you need to take their net "monthly" income (which is 1/12 of their annual income), and
then multiply the net monthly income by a percentage that is determined by the number of children that will be included in the child support.
When the custodial parent's net income is not above or below a certain monetary threshold, the following percentages are used for this calculation:
- 1 child = 20%
- 2 children = 25%
- 3 children = 30%
- 4 children = 35%
- 5 children = 40%
- For 6 or more children, the amount must be at least the same as for five children.
If the noncustodial parent's net monthly resources are less than $1,000, these percentages are each reduced by five percentage points (they will then range from 15% to 35%).
Also, if the non-custodial parent has net monthly resources above a certain level ($9,200 a month, under the adjustment made in 2019), a judge may increase the amount of child support that must be paid,
depending on both parents' incomes and the child's needs. The threshold changes every six years to account for inflation.
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Health Insurance as Part of Child Support
In Texas, as in most states, in addition to the obligation to pay the child support amount calculated under the child support guidelines, the parents will also have to provide for their minor child's health insurance and dental insurance.
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When Child Support May Be Higher or Lower Than the Guideline Amount
Once the amount of child support payable under the guidelines is established, it is presumed by a judge that this amount is in the "best interests" of the child.
However, the judge may order a different amount of child support if they determine that applying the guideline amount would be "unjust or inappropriate" in that case.
The judge must consider all relevant circumstances, including the following factors, when ruling that the amount of child support that will be ordered to be paid will be different than the guideline amount:
- the age and needs of the child
- the parents' ability to support the child
- the time the child spends with each parent
- whether either parent has custody of another child or is paying post-secondary educational expenses for a child
- the custodial parent's net resources
- child care expenses
- alimony (spousal maintenance) that a parent is paying or receiving
- the cost of the child's travel between the parents if they live far apart, and
- extraordinary expenses, such as for health care or education.
If the judge orders the payment of a child support amount that deviates from the guideline amount, the judge must expalin in their order the reason(s) why it would be "unfair or inappropriate" to use the guideline amount.
It is important to keep in mind, that the courts favor agreements; the parents of the minor child can always agree that the amount of child support to be paid will be higher than the guideline amount.
However, if the parents agree that the child support amount will be less than the guideline amount of child support, they will need to explain why applying the guideline would be unfair or inappropriate.
Always keep in mind that the judge will not approve the parents' agreement about the amount of child support unless the judge agrees that the amount is in the child's best interests.
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Collecting Child Support in Texas
Once child support is ordered, it must be paid. If you find yourself in the situation of needing or wanting help to collect child support, you may request assistance at the website of the Child Support Division of the Texas Attorney General's Office (OAG) by calling them at (800) 252-8014.
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Changing a Texas Child Support Order
It is important to remember that after a child support order is in effect, you may request a modification (a change) of the terms of that order.
To be granted a modification of a child support order, you will need to establish, based on the same legal requirements for an original child support order, that there has been "a substantial change of circumstances" that affects the ability of the non-custodial parent to pay the amount of child support or the need for the change in the amount of child support.
As with the original order for child support, you and the child's other parent are allowed to make an agreement to modify the original order for child support.
But you will still need to appear before a judge so the judge can review your agreement and decide whether it is in "the best interest" of your child to approve that change to the child support order.
In addition to seeking judicial relief in a court to request a modification, you may also request a modification through the Texas Office of the Attorney General (OAG) in its "Child Support Review Process" (CSRP).
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What are the grounds for a
divorce in Texas?
What are the grounds for a divorce in Texas?
Texas has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.
"NO FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Insupportability. The court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
"FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Cruelty. The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Adultery. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Conviction of Felony. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Abandonment. The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.
Living Separate and Apart for three years. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Confinement in Mental Hospital. The court may grant a divorce in favor of one spouse if at the time the suit is filed the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
How to file for an uncontested
divorce in Texas
without a lawyer?
How to file an uncontested divorce in Texas without a lawyer?
In Texas, the basic steps to file for an uncontested divorce without a lawyer begin by determining if you meet the Texas residency requirement. The next step is to fill out the "Original Petition for Divorce".
Then, file the petition at your county's district clerk's office and pay the required filing fee. Notify your spouse about the divorce filing by serving them with a copy of the divorce papers.
If you and your spouse both agree on all of the issues concerning your divorce, you can draft and file with the court an "Agreed Final Decree of Divorce", which both of you must sign. Attend a scheduled court hearing,
with all of your divorce paperwork, to have the judge review it. The spouse who is the respondent is not required to attend the hearing. If everything is in order, the judge can approve and grant your divorce,
and sign the Agreed Final Decree of Divorce.
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Affordable
Uncontested Divorce Online
In Texas
Affordable Uncontested Divorce Online
in Texas
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Attorney Gerald D. Bruckner, founded LetsGetDivorced.com and its online divorce service to make filing an uncontested divorce more affordable, simpler, and faster.
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Attorney Gerald D. Bruckner, founded LetsGetDivorced.com and its online divorce service to make filing an uncontested divorce more affordable, simpler, and faster.
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Why Choose Us For Your Divorce?
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Online divorce services like LetsGetDivorced.com are an inexpensive, budget-friendly alternative to traditional attorney representation for filing an uncontested divorce.
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|
For just $ 125, LetsGetDivorced.com offers a 100% online divorce service that prepares all the necessary documents for filing an uncontested divorce.
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This includes:
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- Expert Customer Support From Start to Finish to Get You Divorced Fast
Unlike many online services that do not provide any customer support, our friendly and knowledgeable team is available by phone and email to answer your questions and assist you at every step of the process until your divorce is granted.
- Fast, Same-Day Document Preparation
Our fast, same-day service provides ready-to-sign legal divorce documents that comply with your state's legal requirements—at a fraction of the cost of hiring an attorney.
- Convenient, 100% Online Divorce Service
Unlike many other services that rely on slow, outdated processes, such as mailing paper "workbooks" for clients to fill out, at LetsGetDivorced.com we use modern internet technology to do things better.
Paralegals and attorneys often require clients to mail these workbooks back and forth for review and corrections, which can take weeks. Because we use an online questionnaire, using LetsGetDivorced.com is simple, convenient, and very quick.
You can enter your divorce details and agreements with your spouse in minutes, and make instant corrections, and we also instantly deliver your completed divorce documents directly to your online account for your review and filing.
You can conveniently and privately access our service from anywhere at any time, using a computer or smartphone. This makes our service the fastest and most convenient way to get your completed divorce documents.
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How Our Service Works
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- Check Your Eligibility
Answer a few questions to find out if you can use our online divorce service.
- Answer Questions in Our Online Questionnaire
Use our guided online questionnaire and answer simple questions about your divorce and any agreements with your spouse. There's no complicated legal jargon and our customer support team is here if you have any questions.
- Quick Completion
On average, it takes about 15 minutes to fill out the questionnaire. It will take a little longer if your divorce involves children or property.
- We prepare Your Divorce Documents
Once you're done, we prepare all the necessary documents for your uncontested divorce, including a settlement agreement, ensuring they comply with your state's legal requirements and accurately reflect your agreements with your spouse. - Instant Access to Documents
As soon as your papers are ready, you can review them in your online account and instantly revise them if you decide you want to change or add anything.
- Sign and File
When you are ready, you and your spouse sign the documents, then file them with the court using our step-by-step instructions. If you have any questions, our support team is here to help.
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A Cost Effective Choice
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|
Our service is the most affordable attorney-founded uncontested online divorce service.
|
|
It's an ideal, cost-effective option for anyone searching for an affordable attorney or a low-cost paralegal near them.
|
|
Since our online divorce service is available throughout the state, clients can benefit from our exceptionally low price and fast, comprehensive service no matter where they live.
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Court Acceptance Guarantee
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For over 12 years, we've helped thousands of clients obtain uncontested divorces by using our fast and affordable online divorce service.
|
|
We stand behind our service with a court acceptance guarantee: if a court rejects your documents due to our error, we'll redraft them or refund our service fee.
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Ready To Move Forward?
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Get your uncontested divorce documents for just $ 125.
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|
Backed by over a decade of trusted service.
|
|
Save time, money, and stress with LetsGetDivorced.com.
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Customer Testimonials
Customer Testimonials
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Easy divorce experience
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Using letsgetdivorced.com, from beginning to end my divorce was very easy. The support staff I spoke with were always very friendly, polite and helpful.
They do a great job explaining everything so you feel confident and understand all the steps.
|
|
E. Wick
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|
|
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Wonderful customer support!
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|
Whenever I called or sent an email during business hours a member of your support team always responded very quickly.
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Noah
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Read more reviews
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Texas Divorce FAQs
Texas Divorce FAQs
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What are the residence
requirements to file divorce
in Texas?
What are the residence requirements to file
divorce in Texas?
In Texas, when the divorce petition is filed, either the spouse who files it (the petitioner) or the spouse whom it is served on (the respondent) must have lived in Texas for the past six months.
And, one of the spouses must have been a resident of the county in which the petition is filed for at least 90 days before the filing.
How long does a divorce take
in Texas?
How long does a divorce take in Texas?
Texas requires a minimum 60-day waiting period between filing a Petition for Divorce
and when a judge can finalize the divorce, so the quickest a divorce can be granted is 61 days.
How much does a divorce cost
in Texas?
How much does a divorce cost in Texas?
The average cost for a traditional divorce invloving lawyers is around $7,567 not including the court's filing fee which averages approximately $300.
Note: Spouses seeking an uncontested divorce
using LetsGetDivorced.com's online divorce service can enormously reduce divorce
costs and get all of their divorce paperwork inexpensively for only
$125.
How to get a free divorce
in Texas?
How to get a free divorce in Texas?
It's possible to get a free divorce in Texas, but there are some requirements. First, the petitioner
should file for an uncontested divorce. Second, the petitioner needs to be able to get their divorce
documents, and have them filled out for free, or fill them out themself. And lastly, to not be charged the court's filing fee the
petitioner has to file, and have granted by a judge, the court's fee waiver form.
Note: Using LetsGetDivorced.com's online divorce service the petitioner can obtain and fill out
their divorce paperwork for only $125.
Is online divorce legal
in Texas?
Is online divorce legal in Texas?
The state of Texas allows people to file for divorce without using an attorney and permits online divorce services to provide and prepare the divorce forms
required to file for a divorce in Texas.
Is the fee to use
LetsGetDivorced.com
only $125?
Is the fee to use LetsGetDivorced.com
only $125?
Absolutely! Our fee for completing all your divorce forms online and providing access to our customer support team by phone or email is a one-time payment of just $125.
We have no hidden fees, no monthly subscription charges, and no document storage fees.
The plain truth is that we've chosen to offer our high-quality online divorce service at a very affordable price, that allows us to make a fair profit while keeping our company operational to assist as many people as we can.
Does the fee to use
LetsGetDivorced.com
include the court filing fee?
Does the fee to use LetsGetDivorced.com
include the court's filing fee?
We wish we could include the court's filing fee but it can vary by county. The court can waive the filing fee for petitioners who qualify as low-income and file a request to have the filing fee waived.
What forms do I need to file
for a divorce in Texas?
What forms do I need to file for a divorce in Texas?
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In the state of Texas, these are the most common forms needed to file for an uncontested divorce without minor children.
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- Original Petition for Divorce
- Civil Case Information Sheet
- Information on Suit Affecting the Family Relationship (VS-165)
- Waiver of Service and Consent
- Marital Settlement Agreement
- Final Decree of Divorce
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Plus,
if your divorce involves minor children, additional forms will need to be completed regarding custody, child support and visitation.
|
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Using LetsGetDivorced.com, it's easy to prepare your divorce forms online for only $125.
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Do I need to file my divorce
in the county where my
marriage took place?
Do I need to file my divorce in the county
where my marriage took place?
No. Where a divorce can be filed is based on the current residence of the spouses.
Will I need to provide a copy
of my marriage certificate
to the court?
Will I need to provide a copy of my
marriage certificate to the court?
No. You only need to provide the date of the marriage and the state and county where it took place.
What is the cheapest and
quickest way to get a divorce in Texas?
What is the cheapest and quickest way
to get a divorce in Texas?
An uncontested divorce is the cheapest, quickest, and least stressful way to get divorced in Texas because by you and your spouse agreeing on all terms, you will not need to hire an attorney to represent you in adversarial court proceedings. If you qualify for a waiver you will not have to pay the court's filing fee.
What is an uncontested
divorce?
What is an uncontested divorce?
An uncontested divorce is the cheapest, quickest and most stress-free way to get divorced.
In an uncontested divorce both spouses agree to the filing and granting of their divorce and all of the terms of their divorce, including: the division of
their joint marital property (assets and debts) and the payment or waiver of spousal support. Also, if there are minor children of their marriage both spouses
must also agree on child custody, visitation and child support.
How is child support calculated
and handled in Texas?
How is child support calculated and handled in Texas?
The following is a general outline of how child support is usually calculated and handled in Texas:
In Texas, as in all states, parents have a legal obligation to support their minor children.
When they contemplate getting divorced, one of the most important issues is: How will child support work?
Texas has official child support guidelines that provide very detailed rules that determine the amount of monetary support (child support) that is to be paid after the divorce to support the minor children
of the marriage.
The basic concept of the child support guidelines is that the amount of child support is based on what is called the "net income" of the divorced parent who has the obligation to pay child support.
That sounds pretty simple, but the rules are very complex when it comes to determining what must be used to determine net income and when the spouses may be able to deviate from the guideline amount of child support.
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The Noncustodial Parent Pays Child Support
In a Texas divorce, the physical custody of a minor child can be agreed to by the parents, and if they cannot agree, custody will be decided by a judge.
Physical custody can be viewed as indicating which parent the minor child will primarily live with after the divorce. This parent is called the custodial parent.
The other parent, who the minor child spends less time with and who has a right of visitation to spend time with the child, is called the non-custodial parent.
Although a judge has the authority to order either parent or both of them to pay child support, typically, child support is paid by the non-custodial parent to the custodial parent.
The custodial parent has the obligation to use the child support payments they receive to provide daily support for the minor child that lives with them.
For example, they could provide their minor child with food, clothing and housing.
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How to Use the Texas Child Support Guidelines
The Texas Child support guidelines use an "income percentage" method that determines the net income of the non-custodial parent.
If you want to get a basic estimate of what the child support amount may be in your divorce, you can use a free child support calculator that is provided by the Texas Office of the Attorney General (OAG).
This calculator only handles cases where the non-custodial parent has only one source of income. For more complicated situations, you will need to use the rules in the guidelines to determine what constitutes
net monthly income and the specific amount of support according to the following steps.
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Gross Income Included in Calculating Child Support
For child support purposes, income includes:
- all wages and salary, including commissions, military pay, tips, overtime, and bonuses
- self-employment income
- interest and dividends
- net rental income from property the parent owns
- severance pay
- unemployment benefits
- retirement benefits
- veterans' benefits
- disability benefits, or
- workers' compensation awards.
Sometimes a parent in a divorce may decide to try to lower or avoid paying child support by becoming unemployed or underemployed.
They should keep in mind that a judge has the authority to impute (attribute) income based on what that parent is actually capable of earning.
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Net Income for the Texas Child Support Guidelines
To determine the non-custodial parent's net income for paying child support, you need to subtract the following costs from the total gross income:
- Social Security taxes,
- income taxes for a single person,
- the cost of health insurance, dental insurance, or cash medical support for the child,
- union dues, and
- non-discretionary retirement contributions if the noncustodial parent does not pay social security taxes.
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Number of Children Requiring Support
After you determine the noncustodial parent's "annual" net income you need to take their net "monthly" income (which is 1/12 of their annual income), and
then multiply the net monthly income by a percentage that is determined by the number of children that will be included in the child support.
When the custodial parent's net income is not above or below a certain monetary threshold, the following percentages are used for this calculation:
- 1 child = 20%
- 2 children = 25%
- 3 children = 30%
- 4 children = 35%
- 5 children = 40%
- For 6 or more children, the amount must be at least the same as for five children.
If the noncustodial parent's net monthly resources are less than $1,000, these percentages are each reduced by five percentage points (they will then range from 15% to 35%).
Also, if the non-custodial parent has net monthly resources above a certain level ($9,200 a month, under the adjustment made in 2019), a judge may increase the amount of child support that must be paid,
depending on both parents' incomes and the child's needs. The threshold changes every six years to account for inflation.
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Health Insurance as Part of Child Support
In Texas, as in most states, in addition to the obligation to pay the child support amount calculated under the child support guidelines, the parents will also have to provide for their minor child's health insurance and dental insurance.
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When Child Support May Be Higher or Lower Than the Guideline Amount
Once the amount of child support payable under the guidelines is established, it is presumed by a judge that this amount is in the "best interests" of the child.
However, the judge may order a different amount of child support if they determine that applying the guideline amount would be "unjust or inappropriate" in that case.
The judge must consider all relevant circumstances, including the following factors, when ruling that the amount of child support that will be ordered to be paid will be different than the guideline amount:
- the age and needs of the child
- the parents' ability to support the child
- the time the child spends with each parent
- whether either parent has custody of another child or is paying post-secondary educational expenses for a child
- the custodial parent's net resources
- child care expenses
- alimony (spousal maintenance) that a parent is paying or receiving
- the cost of the child's travel between the parents if they live far apart, and
- extraordinary expenses, such as for health care or education.
If the judge orders the payment of a child support amount that deviates from the guideline amount, the judge must expalin in their order the reason(s) why it would be "unfair or inappropriate" to use the guideline amount.
It is important to keep in mind, that the courts favor agreements; the parents of the minor child can always agree that the amount of child support to be paid will be higher than the guideline amount.
However, if the parents agree that the child support amount will be less than the guideline amount of child support, they will need to explain why applying the guideline would be unfair or inappropriate.
Always keep in mind that the judge will not approve the parents' agreement about the amount of child support unless the judge agrees that the amount is in the child's best interests.
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Collecting Child Support in Texas
Once child support is ordered, it must be paid. If you find yourself in the situation of needing or wanting help to collect child support, you may request assistance at the website of the Child Support Division of the Texas Attorney General's Office (OAG) by calling them at (800) 252-8014.
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Changing a Texas Child Support Order
It is important to remember that after a child support order is in effect, you may request a modification (a change) of the terms of that order.
To be granted a modification of a child support order, you will need to establish, based on the same legal requirements for an original child support order, that there has been "a substantial change of circumstances" that affects the ability of the non-custodial parent to pay the amount of child support or the need for the change in the amount of child support.
As with the original order for child support, you and the child's other parent are allowed to make an agreement to modify the original order for child support.
But you will still need to appear before a judge so the judge can review your agreement and decide whether it is in "the best interest" of your child to approve that change to the child support order.
In addition to seeking judicial relief in a court to request a modification, you may also request a modification through the Texas Office of the Attorney General (OAG) in its "Child Support Review Process" (CSRP).
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What are the grounds for a
divorce in Texas?
What are the grounds for a divorce in Texas?
Texas has "fault" and "no-fault" divorce grounds (legally acceptable reasons) to end a marriage.
"NO FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Insupportability. The court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
"FAULT" GROUNDS FOR DIVORCE IN TEXAS:
Cruelty. The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Adultery. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Conviction of Felony. The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned. The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Abandonment. The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.
Living Separate and Apart for three years. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Confinement in Mental Hospital. The court may grant a divorce in favor of one spouse if at the time the suit is filed the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
How to file for an uncontested
divorce in Texas
without a lawyer?
How to file an uncontested divorce in Texas without a lawyer?
In Texas, the basic steps to file for an uncontested divorce without a lawyer begin by determining if you meet the Texas residency requirement. The next step is to fill out the "Original Petition for Divorce".
Then, file the petition at your county's district clerk's office and pay the required filing fee. Notify your spouse about the divorce filing by serving them with a copy of the divorce papers.
If you and your spouse both agree on all of the issues concerning your divorce, you can draft and file with the court an "Agreed Final Decree of Divorce", which both of you must sign. Attend a scheduled court hearing,
with all of your divorce paperwork, to have the judge review it. The spouse who is the respondent is not required to attend the hearing. If everything is in order, the judge can approve and grant your divorce,
and sign the Agreed Final Decree of Divorce.
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