Family Law Attorneys

Divorce Attorneys

At Howard Lotspeich Alexander & Williams PLLC, we recognize that marital separation and divorce can be one of the most difficult and emotionally painful situations that a family can experience. It is probably something you could never have envisioned when you said “I do.” In addition, divorce is often accompanied by added stress and complications. Deciding how to divide marital property (house, money, etc.) and what to do about child custody and child support are just a few of the common factors in the equation, and each side in the separation typically has competing priorities. Many times one spouse has been the primary breadwinner for the family, and alimony or spousal support may be an issue. It is not uncommon for many people facing these difficult decisions to become confused and depressed as they ponder their options. It is important to remember that the decisions a person makes during this stressful time can last a lifetime. Our divorce attorneys will protect your rights and your future while balancing the needs of your family. We will provide personal attention to each and every client and we hope to be a help during this difficult time.

Child Custody Lawyers

Child custody decisions are among the most difficult a parent will ever have to make. Many parents want what is best for their child, but find it hard to agree on what that means. We understand that every family is unique, having different needs and different circumstances.

We are often asked, “How does the court decide who should get custody of the child?”

The Texas Family Code states that “the best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.” While “best interests of the child” is not well-defined, the court will usually consider the following factors (called the “Holley factors”) as guidelines:

• The desires of the child;
• The emotional and physical needs of the child now and in the future;
• The emotional and physical danger to the child now and in the future;
• The parental abilities of the individuals seeking custody;
• The programs available to assist these individuals to promote the best interest of the child;
• The plans for the child by these individuals or by the agency seeking custody;
• The stability of the home or proposed placement;
• The acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one; and
• Any excuse for the acts or omissions of the parent.

Child Support Attorneys

All parents have a duty under Texas law to support their children. Usually, the parent that does not have primary custody of the child is expected to pay support. Child support (and spousal support) laws can be confusing and frustrating. We welcome your calls and emails to help sort through this area of family law.

Most folks simply want to know, “How much child support will I have to pay?”

The judge that signs the child support order has broad discretion to determine the amount of child support a parent (obligor) should pay. The amount of child support ordered should be in the child’s best interest. The Texas legislature has established guidelines to help a judge determine child support. The guidelines, which are presumed to be in a child’s best interest, give the court a percentage to apply to a parent’s net resources. For a parent who has no other children outside the current court proceedings, the percentage to be applied is as follows:

• 20% for 1 child,
• 25% for 2 children,
• 30% for 3 children,
• 35% for 4 children,
• 40% for 5 children,
• Not less than 40% for 6 or more children.

Modifications Lawyers

Contrary to popular belief, child custody and child support orders are not etched in stone. Texas law recognizes that there are times when a parent’s circumstances might change. Sometimes this results from the loss of a job, a promotion, an unexpected move to another city, a military deployment, or any number of scenarios. These life changes can have an adverse effect on one or both of the parents’ ability to satisfy the child custody and/or child support orders. Thankfully, the law allows for these orders to be modified. The process is not easy, but if it is in the best interest of the child and supported by evidence, the court may allow it. Modification, however, is not something to be taken lightly and should not be sought every time there is a minor change in one parent’s life.

When it becomes clear that the child custody or child support order needs to be modified, or even when you think there is a chance that you might need to modify them, give us a call. One of our divorce lawyers can help.