
Frequently Asked Questions
Frequently Asked Questions
May I record conversations with my spouse?It is not illegal to record a conversation in Texas if you are a party to the conversation. Do Texas courts divide property 50/50? Not necessarily. Many factors affect the division. I make sure that the evidence of these factors is presented to the court. The factors include the difference in earning power and ability of the spouses to earn income, the total amount of assets and debts, and when applicable, fault. What happens to retirement benefits in divorce?The court may divide them. A Qualified Domestic Relations Order is used to divide a retirement plan that has accrued during the marriage. Stock options, pensions, 401(K) accounts, and bonuses are also divisible upon divorce. If you are considering a divorce and either you or your spouse have retirement benefits, stock options, pensions, or other accounts. What if my spouse controls all of our money?Temporary Orders filed with court address this issue so that the non-controlling spouse has access to funds. These orders also address child custody and support and remain in effect until the divorce is granted. If you are considering a divorce and need to release your spouse's control of the money or protect your control of the money. What if my spouse has been violent with me?Regardless of whether you have filed for divorce, a court can issue a protective order restricting your spouse from committing family violence, communicating with family members, visiting a residence or place of work, and owning a firearm. The court can impose fines, imprisonment, and even criminal penalties on a party for violating a protective order. A court can also issue a restraining order which can order a person to refrain from certain behavior including hiding property and making harassing telephone calls. Is there court-ordered alimony in Texas?No. Texas law does not allow a court to order the payment of alimony. However, a court can order "spousal maintenance" depending upon the length of the marriage and the earning power of the spouse. Spouses can agree on alimony and enforce that agreement as contractual alimony. If you are considering a divorce and want your right to receive or withhold alimony protected. When will the court award alimony or spousal support?If one spouse ends up with very little income at the time of divorce, the court may order the other spouse to contribute to his or her support. Today, either spouse may be awarded spousal support. Which parent will get custody of a child?The parents may agree on this issue. When they cannot agree, the court makes the decision using a number of factors including the age, gender, routine, preference, and health of the child and the health, lifestyle, and parenting history of each parent. How is the amount of child support calculated?Texas courts use a chart to calculate child support. Other factors such as the needs of the children are considered as well. An estimate of child support is done as part of a client's initial consultation with Suzanne Schaper Law Firm. This consultation lasts 30 minutes and a fee is not charged.