It’s probably safe to say that when couples get married, they do so without the thought in their mind that they will end up divorced. Unfortunately, divorce is a reality for many couples. It can be an incredibly difficult and painful time, and The Moffett Law Firm wants to do everything in our power to make it as easy and stress-free as possible for you. We represent parties involved in divorce, child custody, child support, spousal support, property division and other related matters. We are available to represent your interests and defend your rights whenever you call on us. Contact us today to set up your free initial consultation.
There is no doubt that you need experienced and articulate attorneys to represent you in the heat of a stressful divorce or related matters. Our team of experienced attorneys has been dealing with these cases for almost two decades and will do whatever it takes you help you get what you deserve. will help ease the strain, stress, and pain of divorce by guiding you through all the steps and intricate turns. We are a family-owned firm, so when you hire us, you can be certain that you will receive individualized care and attention from a compassionate and experienced lawyer. We are Houston’s go-to firm for complicated divorce and family law matters.
Our Areas of Practice and Focus
If you find yourself going through a divorce, we can help you with any related matter. Some of the most common issues we handle include the following:
We can help you file for divorce, or even just help you prepare to file for divorce. We will be able to walk you through each step throughout the entire process and answer any questions or concerns you may have. You can let us handle the legal aspect so you can deal with the emotional toll divorce can have on you and your family.
When children are involved, divorce settlement agreements are never complete without factoring in child support. Child support are payments made for the continuous maintenance and welfare of a child. The payments are made by the non-custodial parent, though it’s important to understand that the custodial parent is also responsible for taking care of the child financially on a day-to-day basis. When determining how much child support, if any, is to be paid, Texas courts typically consider the following factors, among others:
Needs of the child
The earning power of both parents
The quality of time and attention each parent gives to the child
Who the child will be primarily living with
Whether either parent is financially responsible for any other children
Age of the child
Once it is determined that child support will be paid, the court needs to determine how much the child support payments should be. The State of Texas has child support guidelines based on the net monthly income of the parents. When the parents have one child together, the child support payments are typically 20 percent of the non-custodial parent’s net monthly income, and an additional five percent of their net income for every subsequent child, up to 5. For parents who have 5 or more children, the non-custodial parent paying the support is required to pay at least 40 percent of their net monthly income.
If you believe that you are owed child support payments and have not received them, it’s important to contact a professional right away. In order to properly take care of your child, you should have all of the financial resources that you are entitled to. Additionally, if you are the parent who is required to pay support and you think you are paying too much or are unable to pay, speak with a lawyer right away to make sure everything is being handled fairly and appropriately.
In Texas, payments that one spouse must make to the other upon divorce are referred to as spousal maintenance payments. In other states, it’s typically referred to as alimony (Texas has what is called contractual alimony, which will be explained). This is money that one spouse is required to pay to the other so they can support themselves. This amount is independent of any assets or property that was divided during the divorce.
Some of the factors considered by the State of Texas courts include the following:
Couples’ age and health
Number of years in marriage
Total assets and liabilities acquired as a couple
Education and earning power for both parties
How long it would take one or both parties to receive the necessary education and training to increase their earning power and earn sufficient income
Spousal maintenance payments typically cannot be more than 20 percent of the paying party’s average gross monthly income or $5,000 per month, whichever is lesser.
If you believe you are entitled to spousal support payments or you have a problem with payments you are supposed to be making, don’t hesitate to contact us for help.
While spousal maintenance payments are ordered by a judge in a divorce proceeding, contractual alimony is money paid from one spouse to the other where an agreement has been made between both parties. The spouses can decide who has to pay, how much must be paid, and for how long these payments will be made. This is a much easier and quicker way to deal with support payments, as there is no need to litigate this in court and have a judge be the final decider.
Child custody is another critical issue that couples grapple with due to divorce. To get the outcome you want, it’s important to understand what’s available to you and what you should be asking the court for. While this is something a lawyer can assist you with, it’s also important to educate yourself so you can be your own best advocate.
In Texas, there are two different types of custody: conservatorship and access and possession. Conservatorship refers to which parent(s) can make decisions about the child’s upbringing and wellbeing. These decisions often include schooling choices and medical decisions.
It’s possible for one parent to have sole conservatorship, which means they get to make all the decisions regarding the child without input or agreement from the other parent. Joint conservatorship means that both parties have the right to make these types of decisions.
To determine who will have conservatorship, the judge will always look at what is in the best interest of the child.
Possession and access refers to how much time each parent gets to spend with the child. This includes who has physical custody of the child and how visitation is set up. If the parents cannot agree on a schedule, the judge will make a determination that is in the best interest of the child.
If you need help with a child custody issue, we are always here to assist.
Mediation in family law is used to resolve matters that come up, especially during a divorce. While there is no Texas law requiring mediation take place before a divorce is heard in court, many judges will require it. Mediation involves bringing the two spouses together with a trained third party to reach agreements on key issues that will become a fallout of the divorce. The agreement reached by the parties involved in divorce mediation is legally binding. Mediation is often held for child custody issues, spousal maintenance and child support payments, and anything else related to the divorce and issues that need to be resolved.
If you hire us to represent you in a divorce proceeding, we will always be available to help you through the mediation process.
A Prenuptial agreement is an agreement entered into by a couple before getting married to prevent possible disagreements if the marriage fails. This agreement outlines the division of the assets of the couple. A prenuptial agreement is legally binding on both parties.
However, in the absence of a prenuptial agreement by a couple, the state law is applied by the court to finalize the dissolution of the marriage and the division of the couple’s assets. A prenup is usually beneficial to couples to avoid vicious, expensive, and contentious litigation.
We help our clients negotiate, draft, review, and enforce prenuptial agreements. We are well versed in this area and are always up to date with recent changes and developments.
Contact The Moffett Law Firm
Having been in practice for almost two decades, the lawyers at The Moffett Law Firm are well-versed in all divorce and family law issues. We treat our clients the way we would want our own family members to be treated. When you come to us and tell us what you need, we will do everything in our power to make it happen. To schedule an initial consultation, call our office at (713) 333-5800 or contact us online.