Texas Family Law

Renken Law Firm has the compassion and trial lawyer skills to tell your story to a jury.

Our comprehensive family law services include the resolution of divorces through litigation, divorce mediation, or collaborative law, depending on the specific details of your case.

We can take on all matters related to divorce practice or dissolution of a common law marriage, including:

Child Custody and Modification
Child Visitation and Modification
Relocation
Parental Alienation
Child Support and Modification
Spousal Maintenance, Alimony, and Modification
High Net Worth Divorce
Professional Practices in Divorce, Including Doctors, Lawyers, and Accountants

Our attorneys are uniquely equipped to take on the most complicated issues involving property division/division of marital assets, such as:

Division of Real Estate and Stock Options
Division of Retirement Funds and Pensions
Marital Fraud and Hidden Assets
Reconstitution of the Marital Estate
Asset Valuation
Business Division

You can also turn to our lawyers to help with all other family law matters, including:

Prenuptial and Postnuptial Agreements
Paternity
Domestic Abuse
Grandparent and Stepparent Rights
Wills

We are committed to aggressively and efficiently advocating for your rights. We customize our representation to the needs of your case. Throughout the process, we will keep you involved. We will provide honest information about the progress of your case and strive to achieve the best possible outcome.

The office of the Attorney General of Texas has a process to handle a multitude of cases surrounding child support. While some of the benefits offered through the Attorney General are convenient, the real mission of the Attorney General is to pursue cases of child support that may not be working as agreed.

It is important to secure your child’s future by assuring that child support obligations are correctly calculated and your child’s needs are met. Just as important is the reality that each parent be able to afford to meet the child’s needs when the child is in that parent’s care. Incorrectly calculated child support can place you and your child at risk.

Renken Law Firm has experience in handling these issues for you to assure that you are receiving or paying the correct amount of child support, even in cases involving multi-jurisdictional disputes over child support or in cases involving high net worth parents.

Establishing Parentage

Frequently the Attorney General will establish the parentage of a child born to unmarried couples. In the process of establishing parentage, the Attorney General will also set rights and duties for the child, create a visitation order, and establish child support. The Attorney General is a high volume government established organization that will not take the time to get to know you or your family. At Renken Law Firm, we can advise you of the process, guide you through the life altering decisions you will be required to make, and, if necessary, fight for your rights in trial.

Establishing Child Support

There are caps on the amount of child support paid in Texas (child support guidelines), unless there are facts present in a case that will support a claim for above guideline support. Many facts can be argued in support of the above guideline support, such as the need to maintain children in lifestyles that they have become accustomed to during a marriage, to meet the special needs of children with disabilities, to provide needed psychological counseling for children who have suffered as a result of divorce, and so on.

Statutory guidelines in Texas determine the amount of child support payments when guideline support is ordered. The noncustodial parent typically pays child support based on the following percentages:

20 Percent of His or Her Net Income for One Child
25 Percent for Two Children
30 Percent for Three Children
35 Percent for Four Children
40 Percent for Five Children and
At Least 40 Percent for Six or More Children

Net income is defined as income available from all resources, less taxes and the cost of health insurance for the child.

Currently, the maximum monthly child support payment in Texas is based on a net income of $8,550 per month, and child support obligations continue in Texas until a child reaches the age of 18 or graduates from high school, whichever event occurs later.

Health Support Obligations

Parents are also obligated to provide health and dental insurance for their children in Texas. The court can order either parent to enroll a child on an existing health insurance policy but customarily orders the child support obligor to do so or to reimburse the cost of the health and dental care premium to the primary custodian of the child.

Child Support Enforcement

The attorney general can file child support enforcement cases requesting the court hold nonpaying parents in contempt for failure to pay. Enforcement actions are highly technical lawsuits that must be precisely pleaded and brought before the court. Whether you are a parent seeking child support or one defending against a child support enforcement action, experience counts, and it is important to be represented by a legal team that can get the job done.

Child Support Modification

Things change, and certainly that is even more true in economically tumultuous times. Is your child entitled to more child support? Are you entitled to a reduction in the amount of your monthly child support obligation because you have lost your job or you earn less? The experienced family law attorneys at Renken Law Firm, can answer these questions as well as your likelihood of success in court.

Child Support Increases and Decrease

Child Support Modification Process

If your circumstances have changed, your order may be eligible for review and modification. Renken Law Firm is familiar with what is required and how to pursue a modification of your monthly child support obligation.

Eligibility for a Payment Modification

Your child support order is eligible for modification only if one (or more) of the following is true:

The order was established/last modified more than three years ago.
The monthly amount of the child support order differs by either (a) 20% or (b) $100 from the amount that would be awarded, according to child support guidelines.

A material and substantial change in circumstances has occurred since the child support order was last set.

What is a “Material and Substantial Change in Circumstances”?

In relation to receiving a modification, this phrase applies to one of these situations:

The noncustodial parent’s income has increased or decreased.
The noncustodial parent is legally responsible for additional children.
The child’s (or children’s) medical insurance coverage has changed.

The child (or children) are now living with a different parent.

How Long Before a Modification Takes Effect?

There is no typical timeframe for modification. Contact Renken Law Firm as soon as modification eligibility occurs. You have to modify the court order for child support to be reduced or increased, it does not happen automatically. You must be proactive. Contact us, and we can evaluate your case.

Enforcing Texas Orders

Renken Law Firm, represents clients seeking to enforce the terms of a divorce decree or custody order. You may need to seek to enforce an order when the other parent has failed to pay their court ordered child support or if you have been denied visitation with your child. We have extensive experience with both seeking relief for these types of issues and also defending against these types of cases. Having an experienced lawyer who has handled both sides of the issue provides you with a unique attorney who can reasonably anticipate what the other side may attempt to do. If the non-custodial parent refuses to pay court ordered child support or you have been denied visitation, contact us. If you have been accused of nonpayment or denying the opposing party visitation, a possible contempt outcome is jail time. Do not go to court alone, contact Renken Law Firm.

Enforcement for Delinquent Child Support: Child support arrearages not only can lead to wage garnishment, property liens, and loss of tax refunds, they can also result in loss of your license to drive, fish, hunt, sell real estate, teach, or practice medicine. Whether your problem involves modification or enforcement of family law rights, our lawyers can advise and represent you.
Enforcement / Contempt of Court Actions: When a parent refuses to honor visitation orders, fails to pay child support, or fails to comply with other court orders, the parent is in contempt of court. In most circumstances, it is important that a child is supported by and has meaningful relationships with both parents. That is why it is so important to follow custody, visitation, and support arrangements. Failure to do so can jeopardize the child’s well being. If a parent willfully and recklessly avoided complying with orders when it was feasible to do so, the parent may be charged criminally with contempt and could face potential jail time, fines, and other consequences. Our attorneys help clients pursue court orders of enforcement. We also defend against actions where enforcement or contempt cases are brought against you unjustly or for spite.
Child Support Enforcement Actions: If you are facing a child support enforcement action initiated by the Attorney General, Renken Law Firm, can answer the complaint and try to transfer your case to family court, where your options for a realistic payment plan will be somewhat broader. If you are the parent trying to enforce the terms of a divorce or paternity child support order, we can help ensure that your right to payment is brought current as quickly as possible.

Grandparents Rights

It is important to hire a knowledgeable attorney if you intend to pursue any visitation or access to a grandchild. As a general starting point, it should be noted that the United States Supreme Court has ruled that grandparents do not have a constitutional right to see or visit grandchildren. This is based on the general presumption that since parents have an automatic right to determine the best interests of their children, they are entitled to decide who does or does not have contact with their children.

In Texas, grandparents rights generally refers to access or possession of a child. As long as a parent approves, grandparents can usually visit their grandchildren at any time. However, problems arise when parents restrict grandparents’ visitation or contact with the grandchildren. Since Texas law does not legally entitle them to see their grandchildren, some grandparents may choose to try and get a court order allowing visitation.

Getting a Court Order

Grandparents have to overcome many hurdles to get access or visitation to grandchildren over parents’ objections. The first of these hurdles is simply getting into court. Typically, courts will only hear grandparent visitation cases if a parent is:

Incarcerated;
Found mentally incompetent by a court;
Deceased; or
Not currently living with the child.

Also note that if the child has been adopted after both parents either died or put the child up for adoption, grandparents are not allowed to file a visitation petition.

Once the grandparents have gotten into court, the court may order visitation if it would be in the child’s best interests and one of the following conditions exist:

The child’s parents are divorced;
The parents abused or neglected the child;
A parent has been incarcerated, found incompetent, or died;
A court terminated the relationship between the child and one of the parents; or
The child has lived with the grandparent for at least six months.

Renken Law Firm has familiarity and experience in the ever changing landscape of grandparent rights in Texas.

Modification of Custody

A modification suit is a lawsuit seeking to modify or change your current custody order. In Texas, modifying an existing order is not as easy as it may seem. You won’t be able to modify an order merely because you no longer like it. Texas courts will only modify orders when there is a good reason to do so – the existing order is no longer what is best for the child or when circumstances have changed so drastically from the date that the existing order was signed, the order should be modified. Many things can be modified in a custody case, including:

Which party pays for what expenses of the children (and how much);
The amount of child support to be paid;
The parent with the exclusive right to designate the residence of the child;
Whether a domicile (residence) restriction should be modified;
Schedules for possession and access to the child;
Conservatorship (how decisions are made for the children);
health insurance obligations; and,
any other matter concerning a child.

When considering seeking (or defending against) a modification suit, the party wishing to modify must prove that the modification is in the best interests of the child and, there has been a material and substantial change in the circumstances of a child or parent since the last order or decree.

What is “The Best Interest of the Child”?

Courts always consider what is in the best interest of the child, and Texas courts have broad discretion related to what this means. The best interest of the child is the guiding principle for all orders impacting children. Courts do not make decisions based on what the parent wants or needs but rather are primarily focused on what will be best for the children. A court will consider all of the circumstances of the family when evaluating the best interest of the child and will sometimes look for more information from outside sources to make that decision, such as counselors and therapists, amicus attorneys, psychosocial evaluations, and child custody evaluators.

What is a Material and Substantial Change in Circumstances?

Courts maintain the ability to modify child custody orders until children turn 18. It frequently becomes necessary to modify such orders because circumstances change for the parents, the children, or both. Some examples of material and substantial changes have included parents moving on to different jobs, relationships, and homes. As children grow, they can develop different needs, including special educational and therapeutic needs. It is not uncommon for parents to find themselves unable to agree on what is best for the children based on these changes. Even parents that have great co-parenting relationships can disagree about educational, medical, and psychiatric decisions for their children and need the help of attorneys, mediators, and sometimes a court to resolve their differences.

What Should I Consider Before Trying to Modify a Prior Order?

If your family’s circumstances have changed, you may be a good candidate for a modification. The court will consider how long your current order has been in effect, the kinds of changes you desire, and what addresses the children’s needs best. Contact Renken Law Firm about your specific circumstances to determine how these factors will impact your case.

When Can the Child Decide Who to live with?

The short answer is never. However, the Texas Family Code allows a child to speak with a judge at the age of 12. This is just one of the variables the court takes into account during a contested custody case. When determining custody, the court will consider all factors, not just the child’s wishes.