Author: Joseph E. Cordell

Can mothers cancel child support in Florida?

How to Cancel or Modify Child Support in Florida

Written by Joseph E. Cordell on February 27, 2025. Posted in Child Support.

Child support can be an emotional and challenging experience for many mothers in Florida, significantly when circumstances change and the need for financial support is called into question. Whether you’re facing a job loss, a change in your child’s needs, or simply seeking a fresh start, the implications of not addressing the child support situation can result in financial strain and legal complications that could adversely affect your family’s well-being.

It’s crucial to understand that you have options and taking immediate action sooner rather than waiting, can help protect your rights and secure the preferred outcome for your child. At Cordell & Cordell, we recognize the challenges you face and offer the legal guidance necessary to help you navigate child support matters while addressing your rights and your child’s best interests.

Understanding Child Support in Florida

A court order for child support is legally binding. It is intended to benefit the financial well-being of the child. The court requires both parents to complete a family law financial affidavit and provide proof of all income sources. It is used to calculate each parent’s gross wages and deductions.

Once the deductions, including taxes, spousal support, other child support, insurance for the children, and certain mandatory payroll deductions, are subtracted—the guidelines use the net income of both parents to calculate child support. Thus, if your combined net income is $6,000 per month, the guidelines state that one child requires $1,121 per month. The incomes are divided in order to determine how much each parent pays.

Child support is also based on the number of overnights the child spends with each parent. Florida uses two methods to determine child support: a short version, if the child spends most of the time with one parent, and the Gross-Up Method, determining child support if a child spends more than 73 nights per year with each parent.

While it’s one parent’s responsibility to pay the other, both parents must contribute to their children’s finances. A question most commonly asked is, “Can the mother cancel child support in Florida?” No. Not without a court order.

Circumstances Where Child Support Modification or Termination May Be Possible

While neither parent can arbitrarily cancel a child support order, you can bring your child support case back to court to ask to modify the order. Whether you want to change the amount of child support or stop it completely, and whether you agree or not—you must have a new order for the child support amount.

Agreement Between the Parties

If you both agree to a child support modification, an agreement can be drafted, but you must submit the agreement to the court and request the court to incorporate the agreement into a new order. The court usually agrees and enters an order if it is in the child’s best interests.

Change in Circumstances

If you experience a significant change in circumstances, you can ask the court to modify child support guidelines for your case. Some of the situations that are generally acceptable to the court include:

A significant increase or decrease in one or both parents’ incomes.

Involuntary loss of employment by either parent.

Remarriage or cohabitation of the custodial parent.

The child turns 18 or graduates high school, whichever comes first. The child must reasonably expect to graduate before their 19th birthday.

The child becomes emancipated.

The disability of the child or one of the parents.

One of the parents is incarcerated.

The relocation of one of the parents.

The amount of time-sharing significantly changes.

Emancipation of the Child

Generally, children reach emancipation at age 18 or when they graduate high school, with a reasonable expectation of graduation before their 19th birthday. However, a minor child may become emancipated in other ways, including:

Joining the military before their 18th birthday

Marrying before their 18th birthday

“Divorcing” the parents and requesting emancipation earlier than the age of 18

If a child has disabilities, the court may require the parents to pay child support beyond the child’s 18th or 19th birthday.

How to Pursue a Child Support Modification or Termination

Any child support modification where the parents disagree will require an updated Florida Family Law Financial Affidavit. When requesting a modification, a financial affidavit must be completed and attached to the Motion for Modification of Child Support. You may also be required to provide proof of the discrepancy in your income or other change of circumstances.

Depending on the circumstances, if you and your spouse agree to the modification or abatement, the documentation may not be necessary.

You must attend a hearing once the motion is filed in a contested request. If the request is not contested, the court may require a hearing or could sign off on a proposed order that your attorney submits with the motion.

The new child support amount – or lack thereof – does not become effective until the court signs the order.

Does Nonpayment of Child Support Affect Parental Rights?

Nonpayment of child support comes with several penalties, but rescinding time-sharing is not one of them. Florida courts believe both parents should be involved in a child’s life whenever possible. A custodial parent cannot withhold time-sharing because the other parent does not pay.

However, some of the penalties for a nonpaying parent could include:

Wage garnishment

Held in contempt of court

Jail time

Fines

Denial of passports

Suspension of driver’s license

Suspension of a business or occupational license

Charged with a misdemeanor or a felony, especially if intentionally failing to pay or fleeing the state or country to avoid paying

Accumulation of child support arrears

What Can a Child Support Attorney Do for Me?

An experienced family law attorney can guide you in several situations, including:

Protecting your legal rights

Filing motions on your behalf

Representing you in court proceedings regarding child support matters

Guiding you through the appellate process if your ex-spouse appeals a child support order

Why Work with Cordell & Cordell?

Child support can be a complex matter, especially if your spouse hides income or otherwise tries to increase the amount you pay. The experienced family law attorneys at Cordell & Cordell can help protect your rights in child support cases.

Client Experience

“My attorney was very helpful. I had no issues, he was always there for me.” — Louis H.

“I was shocked at the level of communication from my attorney. He gave me so many updates, even when there was a lull in the case, he would let me know nothing new had happened. It was fantastic because I knew if the ball was rolling and when it wasn’t. He told me what was good and what was bad and asked me what I wanted to do.” — Stephen B.

Related Resources

Employer Accused Of Pocketing Child Support Payments: An employer withheld child support payments based on an employee’s court order, but instead of submitting them to the support disbursement unit, the employer kept the payments.

What Does Child Support Cover? Child support covers food, clothing, and shelter for the minor children.

What Is Back Child Support & Legal Payment Requirements: The state disbursement unit will track how much you owe if you fail to pay your child support. You will have to pay the arrears. Keep a record and proof of all child support payments, especially if you are late paying, and catch up.

Legislation Addressing Child Custody and Child Support Challenges of Noncustodial Parents: Some states are implementing laws that make it easier for noncustodial parents to have more time-sharing with their children.

How Child Support Is Calculated: Florida combines the incomes of both parties and divides them by the total of both incomes to determine each parent’s percentage. Based on those exact percentages, it also adds in child care and medical expenses, including the children’s health insurance coverage.

Questions About Terminating Child Support in Florida? Reach Out to Us.

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Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Top 5 Alimony Myths Debunked: Facts About Spousal Support

Written by Joseph E. Cordell on February 27, 2025. Posted in Alimony.

Navigating the complexities of alimony can be overwhelming when facing the emotional turmoil of divorce. Many individuals grapple with misconceptions that can cause financial uncertainty and prolonged distress.

If these myths remain unchallenged, they could hinder your ability to secure a fair outcome, leaving you vulnerable during a critical time. At Cordell & Cordell, we understand your struggles and are dedicated to providing the guidance you need to dispel these myths and advocate for your rights. Alimony Myths Debunked will give you a head start on easing your concerns about alimony, or as it’s called in many states, spousal support or spousal maintenance.

Myth One: Alimony is Automatic in Every Divorce

One of the most common misconceptions about alimony is that it is automatic. On the contrary, obtaining alimony in some states, such as Texas, can entail a lot of work. In other states, the courts are more apt to order alimony, but most states review the request on a case-by-case basis. Some of the factors courts might consider when determining whether it should award alimony and how much include:

Income, resources, and assets of each party, including nonmarital assets

Standard of living during the marriage

Length of the marriage

Property division

Future earning capacity of the parties

Educational level of the parties

Vocational skills and employability of the parties

Ability for a spouse to self-support themselves

Economic impact of the divorce

Ability to pay

Age of the parties

Physical, emotional, and/or mental condition of each spouse

Needs of the requesting spouse after entry of the final judgment

Contribution of each spouse to the marriage, including homemaking services, childcare, and helping the other spouse build their career

Responsibilities each party will have for the minor children of the marriage, including whether a child has a mental or physical disability

These are just a few factors courts use when determining an award. Some states have a longer list of factors, while some have a shorter one.

Myth Two: Only Women Receive Alimony

Historically, only women received alimony. However, decades ago, women started working outside of the home. When it became more common for women to work, the father would often stay home with the children—if he earned less than the woman. Because of this, gender is no longer a factor in determining alimony. The courts focus on the financial needs and the paying party’s ability to make payment.

Myth Three: Alimony is Always Permanent

Most states offer either temporary or permanent alimony, though most states frown on permanent alimony—except in certain circumstances. Temporary alimony may also be referred to as rehabilitative alimony. The court determines the amount of time a spouse might require to gain education or work experience in order to become financially independent.

The court is more apt to order permanent alimony if the relationship was a long-term marriage and the requesting spouse is of a certain age or disabled. The court may also consider other factors based on individual circumstances.

Myth Four: Adultery Always Disqualifies Alimony

While adultery might be considered when a court determines alimony, it does not automatically award or disqualify alimony if one of the parties committed adultery. For example, in Florida, the courts might consider the adultery of either party if one party requests it. For instance, if someone requests alimony but their spouse can prove adultery, the court can deny alimony or order a lower award.

Myth Five: Cohabitation Automatically Ends Alimony

States vary on the cohabitation rule. In some states, alimony will end if the receiving party cohabitates with a new interest. However, the paying spouse must often request that the court enter an order ending alimony. One consideration in ending alimony payments is how the new relationship provides financial support to the recipient.

Always contact an experienced divorce attorney if you learn your ex-spouse is cohabitating. If you stop making alimony payments without permission from the court, you could face penalties and significantly harm your financial situation.

Why Work with Cordell & Cordell

Working with an experienced divorce attorney, whether during the divorce or in alimony modification proceedings post-divorce, can help you protect your rights and keep you from facing penalties. Cordell & Cordell has many years of experience handling divorces and post-divorce alimony modifications.

Client Experience

“I have worked with Kelsey twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things.” – A.O.

“I felt protected and secure with Kristine. She earned my confidence and that is really hard to do. I feel everything went well.” – Jeff S.

”Patrick is a standout. He is responsive and attentive. He was good at giving input and feedback. When it comes to men’s divorces, Patrick knows what he is doing and brought his experience to the table.” – D.J.D.

Related Resources

3 Reasons You May Want to Consider Spousal or Child Support Modification: You can modify child support or alimony if you or your spouse experience a significant change in circumstances, more importantly, if your income is less than when the award was first made.

How Do Alimony Payments Work? 2024 Guide to Spousal Support: As of 2018, the Internal Revenue Service no longer considers alimony income, so it is no longer taxable. Each state has laws on what courts use to determine an alimony award. Most alimony payments are monthly unless the parties agree to other payments or a “trade” in assets for alimony.

Will I Have To Pay Alimony?: It depends on your case. The court will review several factors related to your circumstances before it orders you to pay alimony. Those factors may prevent your spouse from receiving spousal support.

Facing Alimony Challenges in Your Divorce? We Can Help.

If you are facing alimony challenges in your divorce, contact an experienced divorce attorney to guide you. Supposing you are currently paying spousal support and need to modify it because of a substantial change in circumstances, in that case, Cordell & Cordell can help you through the often complex modification process.

Disclaimer: This page serves as a resource and is not considered legal advice.

How to Protect Your Business in a Divorce: Key Strategies

Written by Joseph E. Cordell on February 24, 2025. Posted in Divorce.

In the divorce process, businesses are fair game for property division unless included in a prenuptial agreement to ensure it is separate property. If you are required to divide your business pursuant to equitable distribution rules – or even by half in community states – that can mean a major portion of your income goes to your ex-spouse.

The experienced family law attorneys at Cordell & Cordell can guide you through the divorce process and, depending on your situation, help create a strategy to protect your business from divorce.

Understanding the Risks

Because a business is an asset, divorce laws can impact ownership and business assets. Whether your state is an equitable distribution state or a community property state—all marital assets are subject to property division laws. If you started or acquired a business during the marriage, it is subject to property division. Even if you ran the business prior to marriage and your spouse’s name is not on the business—it may still be subject to property division if you commingled funds.

Divorce can cause interruptions to business as it takes your attention away from day-to-day responsibilities. Court appearances, phone calls, and responding to correspondence regarding the divorce all cut into time that should be focused on your business. Even meetings with your attorney and appointments for property appraisers are an interruption.

Your employees may also become distracted if they have to deal with appraisers and help gather business documents for the discovery process.

The divorce can also affect business partners, depending on how you distribute part of it to your ex-spouse. If you are forced to dissolve the business, which is not common but can happen, it will affect not only your life but the lives of your employees.

Finally, one of the biggest disruptions may be valuation disputes and the need for a forensic accountant and other experts to determine the value.

Pre-Divorce Planning

You can take steps prior to marriage to protect your business in the event of a divorce.

Prenuptial Agreements

If you purchase or start a business prior to marriage, you can create a prenuptial agreement when deciding to marry. The agreement explains your expectations for the business during marriage and ensures that it remains your separate property in the event of divorce.

Do not count on solely keeping funds separate. While the business would most likely remain yours, any increase in value would most likely be viewed as marital property. A prenuptial agreement can avoid that possibility.

Business Structure

Creating a business structure, such as a corporation, can protect business assets in a divorce since they clearly belong to the company instead of you, personally. However, the actual business is an asset, which means it is still subject to equitable distribution.

By creating a business structure when you start or acquire your business and keeping excellent documentation of when you purchased or sold business assets—can help protect your business should the marriage fail.

During Divorce Proceedings

Protecting your small business during a divorce is more than having a prenup or a postnuptial agreement. If the agreement was improperly drafted , or you do not have one—you can take some steps to protect your business during the divorce.

Full financial disclosure: If you do not provide full financial disclosure for your business, your spouse could accuse you of hiding assets. If the court believes them, it could cost you more in contempt fees or even a larger portion of the assets being awarded to your spouse.

Legal representation: If you own a business – or even part of a business, you need a divorce lawyer who has experience in handling business law and divorce. When you work with a firm such as Cordell & Cordell, you receive attorneys who have experience in business law and divorce law to help protect your business interests and secure your financial future.

Negotiation and settlement: Not all is lost if you do not have a prenuptial or postnuptial agreement to protect your business. In many cases, you can buy out your spouse’s interest in the business, “trade” other assets for their share, or make other arrangements so you can keep your business and ensure continued business operation.

Litigation: In some cases, litigation may be necessary when your spouse refuses to agree to other options so you can keep your business running or if you do not have enough assets to trade or buy them out. Cordell & Cordell has experienced litigators to advocate for your rights in court.

Post-Divorce Protection

After a divorce, it’s necessary to protect your business, especially if your ex-spouse receives a percentage of the profits. You can further protect yourself by maintaining excellent business records, periodically updating and reviewing business documents, while working with a financial planner or an accountant. Should your ex-spouse take you back to court on allegations that you are not paying a fair share, you will have updated business documents and documentation from your accountant and financial planner to thwart what may be baseless accusations.

Additionally, you need to enlist the help of an experienced estate planning attorney to amend your estate plan after a divorce. Forgetting to remove your ex-spouse from an estate plan could mean that they receive property, including your business, that you may have planned on giving to your children or dividing among your partners.

Why Work with Cordell & Cordell

When you have a business, a divorce lawyer with experience in business ownership and business valuation can help protect your venture.

Client Experience

“Cordell and Cordell has it figured out and streamlined. I liked that I could see everything on the website including documents I had turned it. My attorney was great. She was attentive and responsive. She was on top of everything.” — Richard G.

”She was amazing. She did a really great job. She was my divorce attorney and my ex even said he would give her 5 stars. She was phenomenal.” — Caitlyn S.

Divorce Can Be Complicated, Especially for Business Owners. We Can Help.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Retroactive Child Support in Georgia: Laws, Limits & Help

Written by Joseph E. Cordell on February 24, 2025. Posted in Child Support.

Dealing with retroactive child support in Georgia can feel overwhelming, especially if you’re facing back payments or struggling to enforce a fair child support order. The emotional and financial strain of navigating this issue can impact your peace of mind and ability to provide for your child. Without proper legal guidance, you may risk falling further into arrears or missing opportunities for a fair resolution.

At Cordell & Cordell, we can help you understand your rights and navigate the complexities of retroactive child support in Georgia, providing the guidance you need throughout the process.

What is Retroactive Child Support?

Retroactive child support is support that may have accrued before court-ordered child support payments. For example, if your child was born in January 2024, you were not living with your spouse, and the child is yours, some states can order you to pay support from the child’s birth until the current time. Some states, including Georgia, limit how far back you can request retroactive child support.

Does Georgia Allow Retroactive Child Support?

Georgia Statutes do not provide for retroactive child support. However, a court may order back support in certain circumstances. Case law allows courts to order non-custodial parents to pay a portion of the child’s expenses, including any medical expenses during the pregnancy. The court may also order retroactive support if a child support case is delayed or when the legitimation of a child is delayed.

What Happens If a Non-Custodial Parent Fails to Pay Court-Ordered Child Support in Georgia?

If a non-custodial parent fails to pay child support, it accumulates an arrearage. Resulting in:

Wage garnishment: The court can take money directly from your paycheck or bank account and your federal income tax return.

Property holds: The court can put a hold on your bank accounts, cars, and other assets. Sometimes, the court can sell your property to pay your back child support.

Lien your property: The court can place a lien on your property. While you do not instantly feel the ramifications of this, you will only be able to sell your home or transfer property once the lien is satisfied.

Suspend your license: The court can suspend your driver’s or business license. The court can even suspend hunting and fishing licenses or deny the renewal of any permit.

Deny a passport: The court can revoke your passport or prevent your application for a new passport from being granted.

Report you to the credit bureaus: The court can report the missing payments on your credit reports, which causes your credit score to go down. This can affect your ability to procure insurance, credit cards, a rental agreement, car payments, or a mortgage. It can even prevent you from getting a job if a potential employer requires a credit check.

Jail: The court can find you in contempt and sentence you to jail. If you owe over $10,000 or have not paid support in over two years, you could see up to two years in prison. If you move out of state to avoid payments, the court could charge you with a felony.

What Are the Time Limits for Seeking Retroactive Child Support?

While Georgia Statutes do not provide for retroactive child support, a parent can request it. If the court agrees, it can only require retroactive payments for up to 24 months before filing the request for child support.

How Do Georgia Courts Determine Child Support Amounts?

As of January 1, 2007, Georgia law uses the income shares model to determine the amount of child support each parent contributes. The child support guidelines also provide for insurance, child care, uncovered medical expenses, and the base support required by the statute.

How Can an Attorney Help with Child Support Issues?

Suppose the child’s other parent is asking for retroactive support, whether in a divorce or a paternity action. In that case, you should always enlist the guidance of an experienced divorce attorney, as these types of cases require legal guidance. A divorce lawyer can help by:

Negotiating agreements to mitigate potential retroactive payments

Presenting evidence to support or oppose a request for retroactive child support

Protecting your rights throughout the legal process

Why Work with Cordell & Cordell

Georgia child support laws have little empathy for someone who does not pay child support. The courts are only concerned with the best interests of the children. While you can pay regular child support, adding retroactive or back support can cause financial stress. An experienced Georgia family lawyer can help protect your rights and guide you through the complex process of child support and custody.

Client Experience

“His ability for depositions was great. He’s really good with questions and keeping things on track and organized mentally. He’s a great attorney.” – Jonathan U.

”First and foremost, Frank was an exceptional person to have worked with me on my case. He not only explained everything regarding strategies and how to proceed in great detail, he let me choose the path I took under his guidance, and I was 100% satisfied with the outcome. He was available to address any concerns at any time they arose. There were times of great concern and difficulty along the way, but he always explained and made sense out of them, which was a very valuable thing to me. Aside from my case, his personality was also outstanding, made me feel like a friend, and my comfort level was great. When I say that everyone from the beginning to the end, from my initial reception, all the paralegals that worked on my case(which was also exceptional), right through to Frank delivering the news I had that my case was finally over, was done extremely well by everyone. I would like to thank them all for their dedicated and very professional work.” – James T.

”Victoria is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” – Jeffrey M.

Relevant Resources

Disparity Between Child Support and Custody Enforcement: The courts go after those who do not pay child support hot and heavy, but for those who have their parental rights violated, the court often falls short.

Joe Cordell Critiques Child Support System In Huffington Post: The child support system in Georgia leaves much to be desired as it does not consider the economic hardships a divorce causes.

4 Flaws With The Child Support System: Learn about the four major flaws with the child support system.

5 Tips For Modifying Child Support: Never agree to a child support modification out of court. Learn more about modifying a child support order when your income changes.

What Does Child Support Cover?: Child support covers a parent’s financial responsibility for their child, including housing, food, and clothing.

Are You Owed Retroactive Child Support? Get Legal Advice Now.

Disclaimer: This page serves as a resource and is not considered legal advice.

Texas 50/50 Custody Bill: Joint Custody & Child Support Guide

Written by Joseph E. Cordell on February 21, 2025. Posted in Child Custody.

l custody, the mother is usually the custodial parent, while the father is the non-custodial parent. The custody schedule often consists of weekends and possibly one weeknight plus rotating holidays. That arrangement does not give the non-custodial parent much time to spend with their children.

While the Texas family code does not include a 50/50 custody bill as of yet, it does provide for joint custody, and 50/50 custody in Texas is becoming more common as the children have more time to bond with both parents.

The experienced child custody lawyers at Cordell & Cordell can guide you through custody negotiations or represent your interests during a litigated custody battle.

Background of the 50/50 Custody Bill

Texas HB 803 was introduced in April 2021, but never left the committee. However, Texas courts generally order 50/50 custody when the parents request it, as, in most cases, it is in the best interests of the children. If the court does not believe it to be in the child’s best interest, it will order either joint custody or sole custody.

The bill attempted to codify the acceptance of equal joint custody by allowing no more than five days difference in custody days for each parent. The shortfall, if any, would alternate years. The bill would have amended the current child custody statutes; thus, a parenting plan would still be required.

Key Provisions of the Bill

The presumption of custody in Texas is joint custody. However, with the introduction of HB 803, the presumption would change to equal joint custody. In child custody cases where equal joint custody is not in the best interests of the children, the court would order another form of custody based on the circumstances.

Some of the factors a court might consider when contemplating equal joint custody include:

The best interests of the children

The wishes of the child

The work schedules of the parents

Domestic violence against a parent

Domestic violence against the child

Drug or alcohol abuse

Whether a parent is incarcerated

Potential Benefits of 50/50 Custody

Equal parenting time and decision-making are more often in the child’s best interest. The child’s life is more rounded due to the amount of time spent with the mother and father. This allows the child to form healthy bonds with both parents. Both would share participation in the child’s upbringing.

Thus, parents who share 50/50 custody must be able to agree on several factors, including healthcare, education, religion, and the child’s well-being. Texas law is lenient on how the parents determine to share the time, other than the requirement that ‘neither parent has more than five additional days per year with the children.

Using a parenting plan, the parents can create a visitation schedule for major holidays and birthdays, education and religious boundaries or requirements, and more.

Finally, when the parents share equal custody, there tends to be less conflict between the parents since one parent does not feel as though they were treated unfairly. It also reduces the risk of one parent dropping out of their child’s life, which may happen when visitation becomes too difficult because of communication issues and other issues with their ex-spouse.

Addressing Common Concerns

Some of the common concerns of equal parenting include:

The emotional impact on children if the transition between homes is too frequent. Some children will adapt, but others may not. Parents can transition every few days, weekly, bimonthly, or monthly, depending on their situation and what the children prefer.

Logistics can be a nightmare for the parents who live too far apart. Coordinating schedules requires excellent communication between the parents.

Maintaining equal custody could put a financial strain on some parents, as they need to have everything the child needs at both homes, which may mean duplicating some expenses.

Inconsistency in parenting styles will also play a large role in 50/50 custody. However, the parents can address many of these concerns in a parenting plan. When the parents are able to work with each other, there can be less risk of one parent allowing the child “extra benefits” when both work on a parenting plan and come up with mutual parenting styles.

One other concern for non-custodial parents is child support. Although parents will have equal custody, for legal purposes, the courts will still name one parent as the non-custodial parent. Texas child support laws require the non-custodial parent to pay a percentage of their income for child support.

One of the common misconceptions about equal parenting time is that the non-custodial parent does not have to pay child support. This can be the case if both parents earn approximately the same monthly amount and their resources are comparable.

However, if one parent’s income is more than the other, you can create a child support agreement for the parent who earns less per month. It does not have to be the percentage dictated by Texas laws.

How the Bill Impacts Custody Arrangements

Just because parents have equal custody, that does not mean there will never be issues. As with any type of custody order, you can modify equal custody orders when one or both parents experience a significant change in circumstances, such as a forced move for work.

If you currently have a joint custody order and would like 50/50 custody, you can also motion the court for equal custody. If both parents agree, you can create a new custody agreement and parenting plan then ask the court to ratify it. The new order may include legal custody, physical custody, or both.

Why Work with Cordell & Cordell

An experienced family law attorney at Cordell & Cordell can guide you through the divorce process, including child custody issues. Our attorneys can also guide you through the process of modifying existing custody orders and, if you are changing to equal custody, with child support modification.

Client Experience

“I had no issues, and my attorney was great with communicating. She let me know what was going on and what I needed to be doing, so that was great.” — Michael M.

“I thought the whole experience was very good. I wasn’t going to initially hire an attorney. To protect myself, I hired you guys. My attorney made it a comfortable experience. The whole team was great. We got a resolution that I was comfortable with, and it went quickly and smoothly.” — Joseph C.

We Are Here to Help with Your Texas Custody Battle

While Texas custody laws do not officially include 50/50 custody, more courts are agreeing that this method of co-parenting creates better family dynamics and is in the best interest of the minor children. Courts understand the needs of the child come before the standard possession order and are willing to change so that both parents can build a firm parent-child relationship.

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation with an experienced Texas child custody attorney to discuss your option under the new 50/50 custody bill or for guidance for your divorce.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Georgia Child Custody Laws Explained | Rights & Visitation Guide

Written by Joseph E. Cordell on February 21, 2025. Posted in Child Custody.

Navigating Georgia child custody laws can be one of the most emotionally charged and overwhelming challenges a parent will ever face. The uncertainty about your child’s future and fear of losing precious time with him or her can leave you feeling helpless and stressed. Without a clear understanding of your rights and a solid legal strategy, you risk unfavorable decisions that could impact your relationship with your child for years to come.

At Cordell & Cordell, we offer dedicated guidance and support to help you navigate the complexities of Georgia’s child custody laws and advocate for your parental rights.

Types of Child Custody in Georgia

During custody battles, the court orders two types of custody: Legal and physical custody. Both can be joint or sole custody, or the court can order a combination of sole and joint custody.

Legal Custody

The parent who has legal custody can make decisions on behalf of the minor children, including:

Educational decisions

Religious upbringing

Major medical decisions

The court can order sole or joint legal custody, regardless of who has physical custody of the child.

Physical Custody

Parents can have sole or joint physical custody, depending on what is in the best interest of the children. One parent usually has primary physical custody, even if both parents have equal time-sharing. Physical custody is where the child lives. Even if one parent has every other weekend and alternating holidays, he or she still has physical custody.

Factors Determining Custody in Georgia

When the parents cannot agree in a child custody case and cannot create a fair parenting plan, the court will make those decisions for them, including decisions about the child’s upbringing (legal custody). The court looks to the best interest of the children first, then considers other factors, including:

Care of the child: Some parents may not want primary custody because of complex work schedules or other reasons that might prevent the parent from being home when the child needs him or her. Obligations may also prevent the parent from spending time to take the child to extracurricular activities.

The needs of the child: A child might have special needs that one parent may not be equipped to handle.

Domestic abuse: A parent may have been accused of domestic abuse, whether against the child or the other spouse.

The child’s relationship with the parents: One of the parents may not have developed a close bond with the child, or a parent may be engaging in parental alienation.

Safety: A parent’s home may not be safe, whether because of the people a parent invites over or because the home is not well-cared for.

The child’s wishes: If a child is at least 11 years old, the court may consider the wishes of the child.

Substance abuse: One of the parents may abuse alcohol or drugs.

Adjustment: How well a child might adjust to a new home, school, or community.

Visitation Rights in Georgia

It is usually in the best interests of the children for both parents to have visitation rights unless one parent is abusive, incarcerated, or has other issues that negatively affect the children. A well-developed parenting plan is an excellent roadmap to remind parents, especially those who do not get along, that their continued cooperation and communication are in the best interest of the children.

The parenting plan should recognize the following:

Fostering an excellent parent-child relationship between both parents is in the best interest of the children.

The children’s needs will change as they grow and mature, and parents will take this into consideration, so modifications to the parenting plan are minimal.

Whomever the children are living with each day makes decisions, including emergency decisions.

Both parents have access to the children’s educational and medical records, insurance information, religious communications, and extracurricular activities.

Georgia’s Parenting Plan

A parenting plan can help parents stay on the same page when the child visits either parent. A parenting plan can include:

Outlining custodial rights, including decision-making authority

Division of parenting time and parental responsibilities

Instructions for medical care

Extracurricular activities

School information

Communication rules, including texting, emailing, and phone calls, i.e., no calls after the child’s bedtime

Right of first refusal when one or the other parent needs a sitter

Rules about leaving the county, state, or country

Rotating holidays, birthdays, and other days important to the parents, such as Mother’s Day, Father’s Day, the parents’ birthdays and siblings’ birthdays

Transportation arrangements

If the court orders supervised visitation, the details of the supervised visitation

If one or both parents are in the military:

How to manage the child’s transition to temporary physical custody, whether with the other parent or, in the event both parents are deployed at the same time, to another relative’s (and which relative)

How a child will maintain continuing contact with the deployed parent(s)

How the deployed parent(s) parenting time may be delegated to extended family members

How the parenting plan will be resumed once one or both parents return home

How these factors will serve the best interests of the child

Child Support in Georgia

The court will usually order child support in conjunction with custody decisions. You can use a Georgia child support calculator to determine child support. Georgia uses the income shares model that takes into consideration both parents’ incomes and the number of children.

Georgia added a parenting time deviation to the child support guidelines that does not take effect until 2026. Until then, your family law attorney can help determine the deviation, but it will be at the court’s discretion.

Grandparents’ Visitation Rights in Georgia

Many states provide for visitation rights for grandparents. In Georgia, it is not automatic. The grandparents must petition the court for visitation rights but may only do so if the parents are divorced or if one of the parents is incapacitated.

Additionally, the court must find that it is in the best interest of the child for the grandparent(s) to have visitation rights.

Modifying Custody Orders in Georgia

You can modify child custody and child support orders as long as you can prove that the modification is in the best interest of the children and that you or your ex-spouse have experienced a significant change in circumstances.

Factors the court may consider include but are not limited to:

A change in either parent’s financial status, including a substantial pay increase or decrease, job loss, and retirement.

A significant change in the child’s needs, such as educational costs, medical expenses, or extracurricular activities.

A change in custodial arrangements or if a parent spends more or less time with his or her children than when child support was first entered. An example might be when the parents agree to equal time-sharing or a parent who does not exercise his or her visitation rights.

The Role of a Child Custody Attorney in Georgia

We guide parents who are going through child custody, supporting negotiations and speaking to your rights should your divorce case go to litigation.

We can also address contempt of court if your spouse does not follow the parenting plan or refuses to allow the children to contact their other parent at reasonable times. In some cases, a parent will completely withhold visitation—our experienced attorneys can represent you in court to return your visitation rights to you or, based on the other parent’s behavior, request changes to the original custody order.

Why Work with Cordell & Cordell

Child custody cases are often emotional, especially when both parents want to spend time with the children and one parent refuses fair or equal time-sharing. The family law attorneys at Cordell & Cordell have experience in Georgia divorce and child custody laws and can guide you through the process while helping protect your rights.

Client Experience

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” – Benjamin C.

“I have worked with Kelsey twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things.” – Alexander O.

“All around he did exceptionally well for me. He got everything I was fighting for, he communicated with me well, and it was just all around a great experience.” – Dale D.

Related Resources

Joe Cordell: One Factor That Will Help Your Custody Case: Learn about one of the biggest factors that can help your custody case.

Cordell & Cordell’s 5 Ways To Sabotage Child Custody: Talking bad about your spouse is one of the fastest ways to sabotage your chances at child custody.

Obtaining Emergency Temporary Custody of Your Children: Learn more about how to get emergency temporary custody of your children when your ex-spouse’s behavior is not in the best interest of the child.

Facing Challenges with Your Custody Order? We’re Happy to Help.

Cordell & Cordell is a national family law firm that guides individuals through a range of family law issues. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation with an experienced Georgia child custody attorney to discuss your child custody case.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Mother and child going over custody requirements in Tennessee.

Tennessee Child Custody Requirements: Laws, Rights, & Tips

Written by Joseph E. Cordell on February 20, 2025. Posted in Child Custody.

Tennessee’s requirements are strict for both parties when it comes to child custody. The parents must act in the best interests of the children at all times. Tennessee prefers that the parents share parenting time equally but will deviate from that when circumstances warrant.

If you believe an impending divorce will result in a custody battle, contact an experienced family law attorney to advise you of your rights and guide you through the custody battle ahead.

Types of Child Custody in Tennessee

Tennessee classifies child custody into four categories. Each parent may have one or more types of custody. The court will order custody arrangements that are in the children’s best interest – not necessarily what is “best” for the parents.

Legal custody: One or both parents make decisions regarding the child’s upbringing, including medical, educational, and religious choices

Physical custody: Time-sharing with one or both parents

Sole custody: One parent has legal and physical custody. In some cases, one parent may have legal custody, while both have joint physical custody

Joint custody: Both parents have physical custody. The primary residential parent is where the child spends most of the time

If the parents are unmarried and no court has entered an order for custody—legal and physical custody are the mother’s by default. The unmarried father must petition the court to establish his rights. The court can address custody rights in a parenting plan.

Factors Determining Child Custody in Tennessee

If an agreement cannot be reached the court will determine custody. Tennessee courts consider several factors when deciding custody and always prioritizes a child’s best interests. Some of the factors courts consider include:

The child’s wishes: If the child is at least 12 years old, the court may ask about their preferences. You can ask the court to consider a younger child’s preferences, but the court may not always consider them.

The ability of each parent to provide a stable and loving home environment: An unstable environment is never in the child’s best interest. If you cannot provide a stable environment, the court may only allow limited or supervised visitation.

The physical and mental health of each parent: A parent who is in poor physical or mental health cannot properly take care of a child. However, if the disability is physical, the court may still order joint physical and legal custody.

A history of domestic violence or substance abuse: Under certain circumstances, the court might still allow a parent with a history of domestic or substance abuse to share custody. However, if the abuse includes child abuse, the court may not allow visitation or may allow only supervised visitation.

The child’s relationship with siblings and extended family: If the court determines that you are not likely to allow your children to continue with relationships with your ex-spouse’s extended family, it could affect your visitation rights.

The willingness of each parent to facilitate a strong relationship between the child and the other parent: If a parent refuses phone calls, emails, or texts or has a tendency to ignore pickup and drop-off times, it shows that the parent is not willing to give the child access to the other parent. This can significantly affect who gets physical custody.

The child’s adjustment to home, school, and community: If one parent moves far enough away that the child has to change schools, the court is more apt to give custody to the parent living where the child currently resides. Therefore, the child does not have to go through a major adjustment to a new home, a new school, and a new community at the same time.

The parents’ work schedules and childcare arrangements: When a parent’s work schedule interferes with the parent’s ability to be with the child most of the time, the other parent can get primary physical custody.

The character and behavior of other adults living in the parent’s home: If the other adults in your home show tendencies to abuse substances, have a criminal record, or exhibit behavior that is not in the best interest of the children, the other parent can get primary residential custody.

Establishing Paternity

If the parents of a child are not married, the father can sign a voluntary acknowledgment of paternity. However, that does not award him visitation rights. The father must have a court order to gain custody and visitation rights.

If you doubt that the child is yours, do not sign the voluntary form. You can ask the mother to submit to a paternity test. If she refuses, you may need the court to intervene if you want to see your child or if you want to determine if the child is yours.

If both parties agree that you are the father, you must obtain a court order for paternity as soon as possible. If delayed, you will not have visitation rights without it. The paternity order is easier to obtain when you are on good terms with the mother, rather than in the midst of a full-fledged custody battle.

Once the voluntary form is signed, you still must petition the court to establish paternity. Once completed and you have acquired a court order—the court will sign off on a parenting plan that outlines your custodial rights and enter a child support order.

Custody Orders and Modifications in Tennessee

In Tennessee, you can modify custody orders, but you must prove that there has been a substantial and material change of circumstances since the inception of the original order. Some of the circumstances a court will consider include:

Failure to follow the parenting plan

Failure to follow a custody order

The parenting plan is no longer in the best interests of the children

The other parent is indicted for child sexual abuse, aggravated child abuse, or severe child sexual abuse

Significant changes to the child’s needs, including changes related to age

Substantial changes in a parent’s working or living conditions affect parenting

You do not have to prove significant harm to the child – only that it is in the best interests of the child’s day-to-day living to modify custody.

Tips for Seeking Custody in Tennessee

Obtaining custody is complex, even under the best circumstances. Controlling your behavior before and during the divorce can increase the odds of obtaining custody.

First, do nothing to sabotage your chances of getting custody, such as speaking badly about your ex or shouting at them or the kids. Throughout your marriage and during the pendency of the divorce, you can increase your chances by:

Documenting interactions with your children and their mother

Maintaining a stable home environment, especially if you are separated

Implementing positive parenting practices

Being respectful when communicating with your ex or soon-to-be ex

Focusing on the child’s needs and well-being, including allowing communication with their mother while the children visit you

Complying with court orders and parenting plans. That means no missing pickup and drop-off times or being constantly late

Being prepared to compromise and cooperate with the other parent to create smoother co-parenting

Communicating with the other parent about issues relating to the children, including school issues

For example, if the child does not finish their homework, let the mother know the reason why. It should be a valid reason – not because you wanted to hang out at the park. While that is a valid reason, it is not responsible.

Why Work with Cordell & Cordell

You may need experience to back you up when going through a custody battle. The experienced child custody attorneys at Cordell & Cordell can guide you through even the most contentious custody battles and help protect your parental rights.

Client Experience

“The whole case start to finish he did exceptionally well. He was timely with his responses and always found time to talk to me. He was really informative and kept me in the loop. Kevin is a really cool guy, friendly, helpful and always made sure I was informed of what the best options were while also letting me know that he would proceed however I wanted. It was really great working with him.”- Antonio Q.

“Victoria is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. I was referred by another client of the firm. He told me that your firm did his case and that he wouldn’t use anyone else. I second that! If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!”- Jeffrey M.

Have a Child Custody Case? Call Us.

Disclaimer: This page serves as a resource and is not considered legal advice.

What Does Child Support Cover? Basics, Expenses & Guidelines

Written by Joseph E. Cordell on February 20, 2025. Posted in Child Support.

If you have ever “gone without” so you could pay child support and found that your ex-spouse purchased a new vehicle, you may be wondering if they used child support money for the transaction—especially when the ex’s financial affidavit indicated that they, like you, were barely making it. Making things worse, they tell you that, according to their lawyer, the new car benefits the children. But you know, for a fact, there was nothing wrong with their old car—which was just a few years old.

Child support is supposed to provide the basic necessities for the children. If you believe that your ex-spouse is spending child support on items other than the basics, you should contact an experienced family law attorney regarding a potentially significant change in circumstances.

Child Support is for Basic Necessities

What is child support intended to cover? It is to provide your child with the basic necessities, including food, clothing, and housing. Most courts consider the following as basic needs:

Food

Shelter

Clothing

Healthcare

Additional necessary expenses

Food

No child should ever be allowed to go hungry. Both parents are required to contribute to the financial and nutritional well-being of their children. A child support order provides the mandatory amount necessary to feed your children three meals per day plus snacks.

Shelter

Because child support covers the basic needs of the minor children, including shelter, the custodial parent must pay rent or a mortgage. A portion of the amount of child support you pay or receive every month can go toward paying for the children’s housing.

Clothing

When the court orders child support, it assumes that keeping your child properly clothed is another basic need. Child support should be used by parents to purchase clothing for their children – within reason. If you are receiving $400 monthly for child support, that does not mean you should purchase a new $400 outfit each month. Clothing is just a small portion of what child support provides for the child.

Healthcare

Regardless of which parent has child custody, both parents are expected to contribute to the child’s medical well-being. Depending on your state’s child support guidelines, healthcare may be included in the base amount agreed upon. Many states include healthcare, that includes insurance premiums and uncovered expenses, in addition to basic child support.

For example, Florida figures basic child support calculations and then adds health insurance premiums, expected uninsured medical expenses, and childcare together. It then multiplies the total by the percentage each parent pays, adding it to the basic child support.

Additional Expenses from the Parenting Plan

While each state has its own way of calculating child support, it always covers the child’s basic needs. Some states also include extra items such as:

Extracurricular activities

Camps

Entertainment

Vacations

School supplies, if they are extraordinary

Private school tuition

Travel time for picking up and dropping off the children

Airfare for a non-custodial parent who lives out-of-state

How Should Childcare Costs Be Split Up?

Each state handles childcare costs in its specific way. Some states may include a percentage of childcare costs in the child support guidelines, while others include the entire amount and a few keep it separate from the guidelines, altogether.

Childcare costs may include:

Daycare

Before-school and after-school care

Childcare for days when school is not in session and the parents are both working

If any costs are not included in the child support guidelines, the parenting plan should include:

The total costs of childcare from all sources

The amount of the total each parent pays

Whether a parent has first right of refusal prior to sending the child to daycare, before-school care, or after-school care

The days and times when the custodial parent requires childcare services

When each parent pays his or her portion of the childcare

Whether one parent pays the full amount and is reimbursed by the other parent or whether both parents pay their share directly to the childcare provider

Communication is Essential

Communication between parents is essential to successful co-parenting, including the use of child support funds. It helps ensure honesty on both sides and avoids any disputes in the future.

What to Do if You Suspect Your Child Support Money Isn’t Being Used Correctly

While child support laws state that child support is for the basic needs of the children, you cannot force your ex-spouse to provide a list of child support expenditures. However, if your child’s needs are not being met or you discover evidence of your ex-spouse using child support for herself, you must take the matter to court.

Because it is hard to prove, you will have to gather all the evidence that demonstrates your ex-spouse is using child support funds illegally. You can start by having a conversation with your ex-spouse and expressing your concern. Do not become accusatory when you express your concern. There is the possibility that you might have misunderstood the facts, which could lead to your assumptions. If that is the case, then your ex-spouse should be able to give you clarification on the matter.

In the event that you do need to get the courts involved, always keep detailed records of support payments, receipts for items purchased for your children and other proof of payment for your children’s needs.

Why Work with Cordell & Cordell

Contact an experienced child support lawyer prior to filing a claim with the court, as the attorney can guide you through the process, including obtaining witness testimony and helping you gather documentation of your ex-spouse’s indiscretion–if any.

Client Experience

“She does a great job of analyzing your situation. Communication was good throughout the process.” — Ronnie C.

Let Us Help You with Your Child Support Needs

Cordell & Cordell is a family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

What is a Wife Entitled to in a Divorce in Texas?

Written by Joseph E. Cordell on February 20, 2025. Posted in Divorce.

What is a wife entitled to in a divorce in Texas? Your spouse might think they are “entitled” to certain assets, custody, child support, and spousal support, and may even threaten you with “taking you to the cleaners.” It can create a very contentious divorce process when your ex makes these types of threats. However, neither spouse is “entitled” to anything—the division of assets, child support, and custody must be fair. Additionally, neither spouse is “entitled” to spousal support – the requesting spouse must show a need for support, and the paying spouse must be able to make those payments.

An experienced divorce attorney at Cordell & Cordell can guide you through the process, including debunking some of the myths your spouse might tell you and protecting your rights to an equal share of the assets and fair child support and visitation.

Community Property vs. Separate Property in Texas

Texas is a community property state, which presumes the spouses start with an equal division of assets. However, it is not always the case that a spouse will receive half. Texas courts look at several factors to determine a fair division of property – it is more of an equitable distribution rather than half.

Marital property is that which you acquire after you are married and is subject to property division. You may have separate property, which is not subject to equitable distribution in divorce proceedings.

Separate property may include:

Property owned prior to the marriage as long as you did not commingle it with marital property, including funds

Gifts

Inheritances

Personal injury settlements, except monies designated for loss of earning capacity

Division of Property After a Divorce in Texas

“Just and fair” property division follows the principles of equitable distribution in other states. If you cannot agree on the division of marital assets, the court looks at several factors when determining the recipient, including:

The length of the marriage

Each spouse’s contribution to the marriage, including homemaking

The financial circumstances of each spouse

The earning capacity of each spouse

The need for support

The fault of one or both parties

Prenuptial and postnuptial agreements

Spousal Support in Texas

Texas prefers not to order spousal support in divorce cases, which makes it difficult to obtain. The court reviews each party’s circumstances. In essence, the requesting spouse must not have enough property or funds to provide for their basic needs. Additionally, you must have been married for at least 10 years and:

Your partner does not have the ability to earn enough money to meet their basic needs.

Your spouse has a disability that prevents them from earning enough to support themselves.

Your spouse has custody of a child from the marriage, and the child has extensive care and supervision needs because of a disability. The child’s disability prevents your spouse from earning enough money for the child’s basic needs

Texas courts may also award spousal support if you have been placed on deferred adjudication or were convicted of family violence within two years of either party filing for divorce or if you were convicted during the divorce process.

Other Considerations

Texas law also provides for other considerations when deciding property division or alimony, including prenuptial agreements, postnuptial agreements, retirement accounts, and business interests.

Prenuptial Agreements and Postnuptial Agreements

The court protects the rights of both parties when considering prenuptial and postnuptial agreements in property division. Both parties must have voluntarily signed the contract and not have been under duress. The agreements cannot prevent one party from receiving his or her fair share of just and right division of property. Just as with any other contract, prenuptial agreements and postnuptial agreements are subject to litigation.

Retirement Accounts

Divorcing couples may have one or more of several types of retirement accounts, including:

401(k)s

IRAs

Roth IRAs

Pensions

The method of division depends on the type of account you have. For most employer-sponsored plans, you will need a Qualified Domestic Relations Order (QDRO). This legal order divides and changes ownership of your spouse’s share of the account’s marital portion without early withdrawal penalties and tax ramifications—at the time of a transfer pursuant to a divorce. The QDRO must specify the percentage or the amount of your benefits that the employer is required to transfer to your spouse.

Generally, 401(k) plans and pensions require a QDRO. Courts or family law attorneys negotiating a settlement must consider loans against these accounts so that each party receives a fair share of the account.

IRAs and Roth IRAs do not require a QDRO, but they do require a court order or an agreement that follows the rules and regulations set forth by the Internal Revenue Service (IRS). The partner’s share of the marital portion of the funds in an IRA can be rolled over or directly transferred into the partner’s IRA to avoid tax penalties.

Business Interests

If you started or purchased a business during the marriage, it is most likely community property and subject to Texas’s property division laws. However, the structure of the business makes a significant difference. If it is a sole proprietorship, the assets may be deemed personal property and subject to Texas divorce laws.

If it is a corporation, the assets belong to the corporation, and your spouse cannot touch them. However, the business as a whole may be subject to community property laws unless you have in your possession, a postnuptial or prenuptial agreement that states otherwise.

If you owned the business prior to marriage, you may have to divide any appreciation the business gained during the marriage rather than the whole business. Always consult with a divorce lawyer if you own a business and are considering divorce or have been served with divorce papers.

Why Work with Cordell & Cordell

Divorces can be complicated, especially those involving children and significant property holdings. Protect your marital estate by consulting with an experienced divorce lawyer before you agree to divide assets, agree to custody arrangements, or pay spousal maintenance.

Client Experience

“My attorney was a great attorney to work with. He never gave me false hope about the outcome of my case but did everything he could to make sure it was settled in my favor. I wish I had known about your firm when I went through my divorce 5 years ago, as I have no doubt it would have been a completely different outcome. Thank you so much for your assistance.” — Marty P.

Worried About Your Texas Divorce Settlement? We Will Fight for You.

Divorce is like breaking a contract. Each piece of the contract, property division, child custody, child support, and spousal support—must be resolved in accordance with Texas family laws.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Paper work needed to prepare for your divorce consultation.

How to Prepare for your Consultation

Written by Joseph E. Cordell on January 17, 2025. Posted in Divorce.

In addition to gathering helpful documents, as discussed in our previous article, there are other steps you can take to help best prepare yourself for your consult:

1. Write down your questions and concerns. Do it before your initial consultation while you have a clear mind. Make notes in your phone as questions come up in the days prior to your consult. This will ensure that you do not leave your consultation with any issue unaddressed.

2. Do not write a narrative for your attorney. Your legal consultation is initially set for one hour. In some circumstances, we can meet longer, but you should not assume this will be possible. Making the most of your hour is the most important. If you wish for your attorney to review a long document read during this hour, that will significantly reduce the amount of time left for a productive and engaging dialogue with your attorney about your situation and what to do about it. Of course, if writing a narrative helps you to organize your thoughts, we encourage you to prepare this for your own use.

3. Complete your intake in advance. The client contact representative should provide you with a link to complete your intake questionnaire when you book your appointment. Completing this in advance ensures that you do not use any time in your hour to answer simple questions, and it also allows your attorney to have a foundation of information to build upon in your hour together.

4. Block off time for your consult. Discussing your family situation may be emotional. It may be obvious to block off time on your calendar for the initial consultation itself, but you may also want to consider taking time before and after the consultation to prepare for and recover from the emotional conversation you are likely to have.

5. Arrive early. Family law attorneys may have a few consults in a row, starting on the hour. If you do not arrive on time, you risk losing some of your hour. Plan to arrive early so that any hiccups with technology (payment, accessing your intake, your GPS) or with finding the office will not rob of you precious time in your consultation.

6. Ensure you have payment. The cost of your legal consultation will be shared with you when you schedule. Avoid any awkwardness by ensuring you have the correct amount to pay for your consultation. Our offices accept cash, check, and credit or debit card. You may also have someone call in with their credit or debit card to pay on your behalf.