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Plano divorce lawyerFinancial pressures can lead to marital discord. As we face the highest inflation rates in 40 years, you may be thinking about divorce. The current divorce rate in the United States is 2.3 per 1,000 people. Traditionally, we have seen divorce rates fall during economic downturns. Couples stayed together during the Great Depression and again in the early 1980s when inflation was about as high as it is now.  

At Law Office of Brian Bagley, we do not believe it is necessary to stay in an unhappy or unhealthy marriage because of a recession. Money problems are often not the sole reason a married couple calls it quits. There could be circumstances involving infidelity or violence that you just cannot tolerate any longer. Today, we will go over key factors that determine if spousal support or spousal maintenance would be appropriate.

Personal Decision

A divorce, although always a difficult decision, can lead to peace of mind. It can also end a toxic marriage. Every couple needs to look at their specific situation before deciding to file for divorce. 


Two Common Issues in High-Asset Divorces

Posted on in Divorce

Plano high asset divorce lawyerDivorce can often mean the end of the road for the relationships of many couples that have worked together to develop capable lives for themselves, but some spouses that are attempting to exit relationships may have martial estates that are valued in the millions of dollars. When there is considerable money at stake in a divorce proceeding, then a person will want to be sure they are working with an experienced Collin County high-asset divorce lawyer.

There is often bound to be some tension between spouses when there are considerable assets at stake in a divorce case, but people will want to take all of the appropriate steps to protect the property that is most important to them. Businesses, retirement accounts, and various investments can all play roles in these cases.

Asset Division Issues

Texas is a community property state, meaning that all property acquired during a marriage is shared jointly by both spouses. Dividing community property from separate property in a high-asset divorce can be one of the more grueling aspects of the divorce.


Determining Child Support in Texas

Posted on in Family Law

Collin County child support lawyerThe Attorney General of Texas provides a monthly child support calculator for people to use when trying to determine an estimate for a single source of income. Texas Family Code § 154.125 establishes that child support is issued according to the following percentages of net resources. These apply when the paying parent’s monthly net resources are less than the maximum amount of net resources to which the statutory guidelines apply:

  • 20 percent for 1 child
  • 25 percent for 2 children
  • 30 percent for 3 children
  • 35 percent for 4 children
  • 40 percent for 5 children
  • Not less than 40 percent for 6 or more children

If an obligor's monthly net resources are under $1,000, the court will generally apply the following schedule in creating the child support order:

  • 15 percent for 1 child
  • 20 percent for 2 children
  • 25 percent for 3 children
  • 30 percent for 4 children
  • 35 percent for 5 children
  • Not less than 35 percent for 6 or more children

Additional Child Support Notes

Net resources will include several different kinds of income. A court will take the total amount of money a person receives from all sources and deduct various taxes and the cost of a child’s health insurance to determine net resources.


Preparing for Mediation in Texas

Posted on in Mediation

Plano divorce mediation lawyerIt is far from uncommon for many divorce cases, especially those involving issues of child custody, to be referred by judges for mediation. The mediation process does not operate like a trial, so many people enter without clear expectations of what to expect.

Put simply, mediation allows two parties to reach compromises on several issues relating to a divorce so they can work out a settlement agreement that a court can turn into a binding order. You should go into mediation with an idea of being willing to give on certain issues to facilitate agreements, but you may also have certain topics you feel strongly about and may not be able to reach agreements through mediation.

How Mediation Works

You need to understand that the neutral third party overseeing your mediation session will be a mediator, and they are not a judge. They do not render any decisions or force any settlement agreements.


Plano alimony lawyerThe terms alimony, spousal support, and spousal maintenance are often used interchangeably, but each actually has its own definition under the Texas Family Code. It is important to understand the differences because Texas actually imposes a very high standard to satisfy for any spouses seeking maintenance or support.

Many divorcing spouses are adamant about not wanting to pay their former partners any money when they are already paying them child support. People need to keep in mind the multiple factors a court will look to in determining whether spousal support will be appropriate.

Calculating Spousal Maintenance and Duration for Support

Texas Family Code § 8.001 defines the term maintenance as meaning an award of payments from the income of a spouse to support the other spouse in a suit for dissolution of a marriage. The term alimony is not used in the Texas Family Code, so the only time alimony may be applicable to a divorce case is when the spouses specifically agree to alimony payments as part of their final divorce decree.

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