A divorce includes issues of division of property; and if there are children, issues of visitation, custody, and child support. Mr. Heidenheimer also helps people like yourself who need child support modified or who have been sued for a modification of child support.

Below are "Frequently Asked Questions" about these issues.

Q: How soon does Texas Family Law allow me to get remarried after my divorce?

Q: Does Texas Family Law recognize a legal separation?

Q: Pursuant to Texas Family Law, where should I file for divorce?

Q: Pursuant to Texas Family Law, what are the major issues of a divorce suit?

Q: Does Texas Family Law allow for alimony payments after divorce?

Q: How does Texas Family Law categorize property in a divorce case?

Q: How does Texas Family Law calculate child support?

Q: When does Texas Family Law allow me to modify child support?

Texas Family Law allows you to get divorced 60 days after the date the divorce suit is filed.

Texas Family Law allows you to get remarried on the 31st day after the date the divorce is decreed. The divorce is decreed on the date the judge signs the divorce decree.

No. Texas Family Law does not recognize legal separation.

However once a divorce petition is filed, temporary orders regarding issues like who can live in the house during the pendency of the divorce are rendered by the judge. These temporary orders define certain legal rights of the parties while the parties are separated and the divorce suit is pending. But temporary orders occur only after the divorce is filed – not before.

Before a divorce suit can be filed, Texas Family Law requires you to be a domiciliary of Texas for 6 months before suit is filed and to be a resident of the county where you file suit for 90 days before suit is filed.

This means to file for divorce you must have your permanent residence in Texas for the previous 6 months and you must live in the county, where suit is filed, for the previous 90 days.

In Texas Family Law there are basically the following issues:

1. Dissolution of the marriage.
2. Division of property between you and the spouse.

If there are children:

3. Visitation and custody of the children.
4. Child support.

Texas Family Law does not recognize the term "alimony". However in extremely limited situations, "maintenance" payments can be ordered by the judge.

In almost all divorce cases no maintenance after the divorce will be ordered. Very simplistically if you were not married for 10 years or longer, you probably are not eligible for any maintenance payments after divorce. And even if you were married 10 years or longer, the eligibility requirements are still quite limited.

In Texas Family Law unless there is an agreement to the contrary, either before the marriage (prenuptial) or after the marriage (postnuptial) all property is community property or separate property. Community property is owned one-half by each spouse. Separate property is owned by one spouse.

In Texas Family Law separate property is property acquired:

1. Before the marriage.
2. By gift, will, or inheritance if there is no will.
3. Money received for personal injuries other than lost wages.

In Texas Family Law, all property not separate property is community property. Also in Texas Family Law, there is a legal presumption that property is community property.

Good question! The full answer will need to be explained to you in person.

However for general information, Texas Family Law calculates "net resources" of a spouse and then applies a percentage of "net resources" based upon the number of children for whom the spouse is paying child support.

Texas Family Law allows you to modify child support when:

1. The circumstances of the child have materially and substantially changed, or
2. It has been 3 years since the order was rendered or last modified and the monthly amount of child support under the order differs by either 20% or $100.00 from the amount that would be awarded in accordance with the Texas Family Law Child Support Guidelines.