Legal Question in Family Law in Texas

I'm sorry to hear about your situation. Texas does not recognize the concept of legal separation - you are considered to be married until your divorce is finalized in court.

During the time you are living apart, she can apply to the Attorney General's office for child support from you for the two children that are living with her. Under the Texas child support guidelines, for two children she would receive 25% of your net income (applies to the first $6000 of net income). All child support is withheld directly from your paycheck.

The child support guidelines are not absolutely mandatory, but most courts seem to follow them. A hearing in court would be held before child support is granted, so you will have an opportunity to be heard.

Since you are still legally married, keep in mind that any debts incurred by either of you while you are living apart will still be considered community property, so you will both be responsible for them. This also applies to any property that either of you acquires. If it looks like you will not be getting back together, it may be a good idea to agree to close any joint accounts, set up separate accounts in your own names, and notify the banks and creditors of an impending divorce.

You are right to keep things from getting ugly! If you do end up getting a divorce, it is much better for both of you (and certainly the kids!) if you can keep things civil and get an uncontested divorce. This will also save you a lot of money - which would be put to better use taking care of your children, and not a divorce lawyer's! Good luck.