5 Social Myths About Divorces and Child Custody Cases

by Ricardo Barrera

Myth #1: I’m the father, so I’m automatically going to be the one to pay child support.
Truth: Under Texas law, the court shall not discriminate because of the gender of the parent, but instead acts in the best interest of the child, taking in multiple factors regarding the well being and care of the child.

Myth #2: I’m entitled to half of whatever money or property we have at the time of the divorce.
Truth: Under Texas law, community property does not include property already owned before the marriage, property obtained during the marriage as a gift, and any property you inherited during the marriage. Also, the court can give more than half of the community property to one of the spouses by taking into account several factors in making a just and right division of the property, including whether the other party had an affair or physically abused the other spouse.

Myth #3: I’m entitled to alimony for the rest of my life.
Truth: There is no provision for alimony in Texas. In fact, Texas law provides for spousal maintenance under specific circumstances when the marriage has lasted at least 10 years and the financial support from the other spouse only lasts for a few years.

Myth #4: I’m not getting any child support because my husband is unemployed.
Truth: Under Texas law, child support continues to accumulate even when the person obligated to pay is unemployed and non-payment will result in accrued interest and possibly jail time.

Myth #5: I’m behind on child support so I can’t do anything about it when the other parent won’t let me see my child.
Truth: Texas law provides access and possession according to court order and any time that a parent blocks access, hides the child, or prevents visitation contrary to court order, then the other person may end up being in hot water with the court.

Call now for more information on what your rights are in a divorce or child custody case.

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