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Frequently Asked Questions/Recent Articles/Helpful Resources

Question 1:
Does the Court have residency requirements in order to file for divorce in Texas?

Answer 1:
The Court requires that one spouse has resided in Texas for at least six (6) months, and the county where you will file for at least ninety (90) days.

Question 2:
How long will it take for my divorce to be finalized?

Answer 2:
Each case is different and the length of time it takes from beginning to end can vary greatly. However, the Court does require at least a sixty (60) day waiting period after the suit is filed before the divorce will be granted.

Question 3:
Will the Court automatically award the mother custody of the children?

Answer 3:
No. The Court will review many factors to determine the custody arrangement that is in the best interest of the children. The Texas Family Code specifically prohibits the Court from awarding custody based solely on the gender of a parent.

Question 4:
If the Court awards child support, how much child support will I receive? /How much child support will I be required to pay?

Answer 4:
The Court will base the amount of support on the obligor’s (the person required to pay the support) NET monthly income and the number of children the obligor has a duty to support. As a general rule, the Court will follow the guidelines listed below to determine the child support. *See below for the general guidelines

Multiple Family Adjusted Guidelines
(% of Net Resources)

Number of Children Before the Court

		1	2	3	4	5
Number of other children for whom the obligor has a duty of support	0	20.00	25.00	30.00	35.00	40.00
	1	17.50	22.50	27.38	32.20	37.33
	2	16.00	20.63	25.20	30.33	35.43
	3	14.75	19.00	24.00	29.00	34.00
	4	13.60	18.33	23.14	28.00	32.89
	5	13.33	17.86	22.50	27.22	32.00

Child Support Calculation Table

If Obligor is Paid:

Monthly

1. Net Monthly Resources X Percentage From Table = Monthly Obligation

Twice per Month

1. Net Monthly Resources X Percentage From Table = Monthly Obligation
2. Monthly Obligation ÷ 2 = Obligation Twice Per Month

Every Two Weeks

1. Net Monthly Resources X Percentage From Table = Monthly Obligation
2. (Monthly Obligation X 12) ÷ 26 = Obligation Every Two Weeks

Weekly

1. Net Monthly Resources X Percentage From Table = Monthly Obligation
2. (Monthly Obligation X 12) ÷ 52 = Obligation Every Week

Question 5:
I am making significantly less money now than I was at the time that I was ordered to pay child support, is it possible for the child support payments to be decreased?

Answer 5:
The Court will review petitions to modify child support and determine if a downward (or in some cases an upward) modification is warranted.