Legal Question in Family Law in Texas

My wife (we are divorcing) met with an attorney last week and presented this to me, her attorney said we split everything...retirements, checking etc..try to get it to 50/50 as much as we can. If she has an addtl $40k in retirement more than me, how do I get access to that ? Also, we live in Texas, she said she gets 25% of my gross for child support (we have two kids). Im in sales...does that include my car allowance, cell phone, entertainment etc ?

Thank you in advance !


Asked on 3/22/10, 5:31 am

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

1. Splitting property: You split the property so that your "pile" is equal to her "pile" - this may involve you getting a QDRO (qualified domestic relations order) awarding to you part of her retirement. The aim is to make the outcome a 50-50 split, not to cut every single asset in half.

2. Child support is 25% of NET, not gross. That probably SHOULD include your car allowance and the other things, based on the Family Code's definition of "net resources."

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Answered on 3/27/10, 8:23 am
Fran Brochstein Attorney & Mediator

Yes, in Texas we try to split everything 50/50. However, since taking a chain-saw to the couch is not pretty or practical, splitting everything 50/50 is just not going to work.

How do you access the $40K, there is something called a QDRO that Judge signs that tells her employer to let you have it.So, you don't obviously understand TX law and you need someone to help you navigate thru Texas divorce courts. That person is a family law attorney.

I would suggest that you consult with an attorney or just buy a crystal ball and pray for the best!

Don't expect this website (or any free website) to provide you with the information you want (and need) for free!

I charge $100 an hour to meet and talk about your options.

You can try to do this via the internet. Of course, you can try to do a root-canal via the internet too -- I don't recommend it either!

You can email me at [email protected] if you live in the Houston area.

Knowledge is power. You can waste a lot of time and energy or just do it right.

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Answered on 3/27/10, 4:07 pm


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