Legal Question in Family Law in Texas
Pre -divorce & divorce process-(Husband military retired)
Good afternoon:
After many attempts and using all resources, I have decided to separate and eventually divorce husband. He was medically retired from Army due to mental health. He will soon receive Veteran's pension. I am aware pension will be considered for child support. We have a 2 year old son. I am a work at home mom. I work part time with an approximate income of $500 a month. I am enrolled in college and will start in Jan/2007. We have not purchased a home, but did purchase a 2006 Pick up truck. Here are my concerns:
1. Being a work at home, student and caretaker for our son, will I receive child support only or will I also receive some type of alimony?
2. He pays court ordered child support for other child from previous relationship and owed arrears before marrying me. Does this affect me in any way? It is his debt.
3. Will I be requiredto pay car loan on my own?
4. He is a mental health patient, can I request supervised visitation, at least temporarily?
5. What are my chances of getting full custody of our child?
6. If I move to other home with my son, can I sue for child support until divorce is completed?
Please answer if familiar with Texas family law. Your responses are appreciated in advance.
1 Answer from Attorneys
Re: Pre -divorce & divorce process-(Husband military retired)
1. If he is currently supporting another minor child, then the percentage of the child support to you will be reduced from 20% to approximately 17.5%
2. Both parents are required to support minor children. You are required to provide 50% of the child's support.
3. You did not state how long you have been married. You MIGHT qualify for spousal support. However, in Texas it is a limited amount of money based on his total income & is limited to a MAXIMUM of 3 years.
4. If you can prove he cannot take care of the child because he is mentally ill, then, of course, some sort of supervised visits are appropriate.
5. The vehicle if purchased during the marriage is community property. If not paid for, it is also a community debt.
6. It does not sound like he has a lot of money. Therefore, you need to be realistic. You probably need to go to work to support the child.
If he does not pay child support for his older child, why would you expect him to pay child support for this child?
7. I don't know what you mean by "full custody" of your child. Full Custody is not a legal term.
8. You desperately need an attorney to advise you on all the issues of your divorce.
Good luck!
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