Frequently Asked Questions

Texas uses a percentage of the noncustodial parent's net monthly income based on the number of children: 20% for one child, 25% for two, and increasing incrementally. The court considers income from all sources and may adjust for health insurance costs or extraordinary expenses. At Rasley Law Group PLLC, we ensure calculations reflect current Texas guidelines and your specific financial situation.

Collaborative divorce focuses on negotiation and cooperation between both parties with their attorneys present, avoiding court litigation. Traditional divorce may involve contested hearings and a judge making final decisions. Collaborative divorce typically reduces costs, stress, and time compared to courtroom battles, making it ideal for couples willing to work together.

Texas courts allow modifications when circumstances have materially and substantially changed since the original order, or if the child is 12 or older and expresses a preference. Common reasons include relocation, changes in a parent's living situation, or safety concerns. At Rasley Law Group PLLC, we help Plano families navigate the modification process with updated evidence and legal filings.

Texas is a community property state, meaning marital assets and debts acquired during marriage are divided in a just and right manner, though not always equally. Separate property owned before marriage or received as a gift or inheritance typically remains with the original owner. Courts consider factors like earning capacity, fault in the breakup, and children's needs.

A prenuptial agreement should outline asset division, debt responsibility, spousal support terms, and protection of separate property or business interests. It must be signed voluntarily by both parties with full financial disclosure. At Rasley Law Group PLLC, we draft agreements that are legally enforceable and tailored to protect your financial future.

Yes, unmarried couples can use cohabitation agreements to establish rights, responsibilities, and asset protection while living together. These contracts clarify property ownership, financial obligations, and what happens if the relationship ends. Since Texas doesn't recognize common-law marriage as easily as before, cohabitation agreements provide essential legal clarity.

Paternity can be established voluntarily through an Acknowledgment of Paternity form signed by both parents, or legally through court-ordered DNA testing. Establishing paternity is necessary for fathers to pursue custody or visitation rights and for children to receive support. At Rasley Law Group PLLC, we guide fathers through paternity cases to secure their parental rights.

Stepparent adoption requires terminating the noncustodial parent's rights, either voluntarily or through court proceedings, then filing a petition for adoption. Background checks, home studies, and court hearings follow. This process legally establishes the stepparent as the child's legal parent with full rights and responsibilities.

Texas courts award spousal support, or alimony, when one spouse lacks sufficient property to meet minimum reasonable needs and was married at least 10 years, or in cases involving disability or family violence. Support is typically temporary and limited in amount and duration. Factors include each spouse's earning ability, education, and contributions during the marriage.

Texas courts can enforce child support through wage garnishment, suspension of driver's or professional licenses, tax refund interception, or even jail time for contempt. The Texas Attorney General's office also assists with enforcement actions. At Rasley Law Group PLLC, we help Plano parents pursue enforcement to ensure children receive the financial support they're owed.

Texas law requires a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. Uncontested divorces may conclude shortly after, while contested cases involving custody, property, or support disputes can take several months to over a year. Collaborative divorce often resolves more quickly than traditional litigation.

The biggest mistake is using children as messengers or speaking negatively about the other parent in front of them, which courts view unfavorably. Judges prioritize the child's best interest and stability, so undermining co-parenting damages your case. At Rasley Law Group PLLC, we counsel clients to focus on constructive communication and documentation.