Questions? Our Attorneys Have Answers!
The attorneys at Burrows Law Group regularly assist clients with issues related to all kinds of family law matters. The following are brief responses from our experienced lawyers to some of the often-complex questions surrounding Texas family law. For answers tailored to the unique circumstances of your own case, call the lawyers at our firm for a personal consultation at 972-703-4004, or contact our board certified family law specialist here.*
I would like to adopt my stepchild legally. How do I do that?
The process for legally adopting your stepchild is similar to other adoptions. If the child is 12 years old or older, he or she must consent to the adoption. You must also obtain the consent of the natural parent whose parental rights must be terminated as part of the adoption proceedings.
Will filing for bankruptcy relieve me of the financial obligations from my divorce?
Bankruptcy does not forgive alimony or child support. The U.S. Bankruptcy Code further states that you cannot get rid of debts that are in the nature of support. The court will look to your intent when deciding whether taking responsibility for marital debt is in the nature of support. The language of your settlement agreement, your intent at the time you entered into your settlement agreement and the specific language of the agreement itself will be deciding factors as to whether you can get out of that debt. If it is proven you intend payment of the debt to help support your ex-spouse and children, you will most likely retain responsibility for paying the debt after your bankruptcy.
Do I have to keep paying alimony now that my ex-wife is living with another man?
It depends on the exact wording of your divorce settlement agreement. If the alimony order includes a provision that automatically terminates your obligation if she cohabits with another man, then you can stop paying at that point. If the man is supporting your ex and they are in a long-term relationship, you may request that the court reduce or terminate your obligation for spousal support. Note that staying overnight occasionally does not qualify as cohabitation for purposes of spousal support modification.
My children and I will be moving to California soon (with permission from my ex). Since the cost of living there is higher, will this entitle us to an increase in child support?
You may have cause to modify the child support figure if the court finds that a modification of the current child support figure would be in the best interests of your children. However, if your own income increases because of the move, this may compensate for the higher cost of living in the new location. Also, note that if your ex has increased expenses connected with visitation because of your move, that may offset any increase in living expenses at your new place of residence.
For assistance with these and other Texas family law concerns, do not hesitate to contact a lawyer at our firm.
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*Board Certified in Family Law by the Texas Board of Legal Specialization