Kell and Quilty, PLLC Kell and Quilty, PLLC 2026-06-03T15:40:57Z https://www.orlandokelllaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1604591/2024/04/cropped-Site-Graphic-Earth-32x32.jpg On Behalf of Kell and Quilty, PLLC <![CDATA[How does a new marriage affect a Texas support order?]]> https://www.orlandokelllaw.com/?p=254189 2026-06-03T15:40:57Z 2026-06-03T15:40:57Z Remarriage seldom alters child support Child support belongs to the child rather than to either parent. The amount rests on the income of the legal parents and the number of children the order covers. A new partner's earnings do not alter those figures, even when the household's overall finances improve. Similarly, if the parent receiving child support remarries, the paying parent's obligation does not decrease. Texas courts view child support as a financial responsibility shared solely between the child's legal parents. Therefore, a new spouse's income cannot be used to calculate or alter the existing order.

Added dependents can prompt a review

Texas calculates child support as a share of the paying parent's monthly net resources, capped at a set ceiling and scaled to the number of children before the court. One child draws about one-fifth of those resources, and that share rises as the order covers more children. Once you also support a child in another household, the court can apply a reduced schedule that accounts for the added duty. That reduced schedule turns on a legal duty rather than a living arrangement. A child you have or adopt within the new marriage counts toward it, while stepchildren you help raise usually do not, since marriage alone creates no support duty toward them. Even then, the amount does not change until you ask the court or the state's child support office to revisit it. A review generally opens when circumstances have changed in a material and substantial way, or when three years have passed and the guideline figure would differ by at least 20% or $100.

Remarriage stops spousal maintenance

Court-ordered maintenance is the support a judge can require one former spouse to pay the other, and the narrow limits Texas places on it cap the monthly amount at $5,000 or 20% of the payer's average gross income, whichever is lower. That obligation carries built-in end points: the death of either spouse or the day the recipient remarries. Your legal obligation to pay ends on that date. However, if your payments process through a wage withholding order, you still need a court order to legally stop your employer from garnishing your wages. Support the spouses agreed to in the divorce decree follows a different track. This kind, called contractual alimony, runs on the terms the parties wrote, so a new marriage ends the payments only if the agreement specifically provides for that.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[What every couple must know about spousal maintenance in Texas]]> https://www.orlandokelllaw.com/?p=254181 2026-04-29T18:25:37Z 2026-04-29T18:25:37Z Most Texas couples focus on property division during a divorce. However, spousal maintenance is a financial option that many overlook. Knowing how it works could expand your choices and help you get back on your feet after divorce.

The difference between spousal maintenance and support

Before exploring your options, it helps to know how these two terms differ. Spousal support is a private agreement where you and your partner decide the amount and terms. Spousal maintenance, by contrast, requires a court order. A judge determines whether you qualify and how much you receive. Thus, understanding this distinction helps you assess whether you meet the legal requirements for court-ordered support.

Four ways to qualify for spousal maintenance

Now that you know the difference, the next step is figuring out if you qualify. Here are the four ways you may be eligible:
  • The 10-year rule: You may qualify if your marriage spanned a minimum of 10 years and your income falls short of covering your essential living expenses.
  • History of family violence: You may qualify if your spouse received a conviction or deferred adjudication for a family violence offense against you or your child within two years before filing for divorce.
  • Incapacity: You may qualify if a physical or mental disability limits your ability to generate enough income to support yourself.
  • Child Custody: You may qualify if you serve as the primary caregiver for a child from the marriage who requires substantial supervision, making it difficult to earn enough income.
Meeting any one of these conditions could make you eligible for spousal maintenance. If you believe one applies to you, the next step is understanding how much support you could receive.

How much could you receive?

If you meet the qualifications above, Texas law caps what a court can order. The court typically cannot require your spouse to pay more than the lesser of $5,000 or 20% of their gross monthly income. Now that you know how much you could receive, it is equally important to understand how long these payments can last.

How long does spousal maintenance last?

The length of your marriage often determines the duration of spousal maintenance. Here is what Texas law allows:
  • 5 years: Your marriage spanned a minimum of 10 years but less than 20 years, or your spouse received a conviction for a family violence offense.
  • 7 years: Your marriage lasted at least 20 years but less than 30 years. 
  • 10 years: Your marriage reached the 30-year mark or beyond.
Thus, understanding how long your support may last helps you plan your financial future with confidence. With this in mind, you are in a stronger position to take your next steps.

Take the next step toward financial stability

Divorce is rarely simple and navigating your financial options alone can feel overwhelming. This is why understanding spousal maintenance is a strong first step toward rebuilding your life after divorce. The more you know about your rights, the better you can protect your future and move forward with clarity and confidence.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[What happens when your spouse wastes community assets?]]> https://www.orlandokelllaw.com/?p=254156 2026-05-21T07:51:27Z 2026-04-08T14:45:54Z Recovering what is yours When your spouse spends community funds without your consent, Texas law provides a remedy through a reconstituted estate. The court can calculate the total value of wasted assets and include it in the divisible estate. This ensures that when the judge divides your property, you are not penalized for your spouse’s secret spending.

Proving fraud on the community

The burden of producing evidence is on you to show that your spouse has wasted the community estate. You will need a clear paper trail that includes:
  • Credit card statements showing jewelry or floral deliveries that you did not receive
  • Travel records for trips you did not take
  • Unexplained bank withdrawals or money transfers
Once you show assets were spent without your consent, your spouse must prove the spending was fair to the community.

Why you should face this with help

Uncovering financial infidelity is emotionally draining and legally complex. You deserve to have your community estate made whole, but tracing hidden transactions requires a sharp eye and a steady hand. If you suspect your spouse has misused the marital funds, seeking legal counsel can help you learn more about your options for moving forward.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[Building a separate life together with a parenting agreement]]> https://www.orlandokelllaw.com/?p=254154 2026-02-24T09:50:39Z 2026-02-24T09:50:39Z Ending a marriage feels different for everyone. For parents with young children, it can feel like both an ending and a beginning. Parents now have a chance to start over, but this time, separately. You want to stay fully involved in your child’s life while also having space to rebuild your own. You may wonder how to share responsibilities without constant conflict. You may also wonder how to make choices that support both your child and yourself. A carefully written parenting agreement can turn uncertainty into stability, consistency and a clear plan for your family’s next chapter.

Understanding custody in Texas

Texas law uses the term “conservatorship” to define parental rights and responsibilities. Parents may hold joint managing conservatorship, sharing decision-making authority, or sole managing conservatorship, where one parent has primary control over major choices. The law always focuses on the child’s best interest and encourages both parents to stay actively involved. A parenting agreement sets rules for school, health care and extracurricular activities. It also establishes visitation schedules, holidays and communication expectations.  However, many parents do not know they may qualify for the Expanded Standard Possession Order. This order gives more time with a child than the default Standard order. Choosing the Standard by default can cut the time you spend with your child. Working with a Texas family law attorney allows you to create an agreement that protects your rights and prevents gaps or misunderstandings that often cause conflict.

Crafting a co-parenting plan that works

A strong parenting agreement balances practical needs with legal protections. It gives structure for both parents and reassurance for children. Key elements often include:
  • A clear visitation schedule for weekdays, weekends, holidays and vacations
  • Rules for communication between parents and with the child
  • Decision-making responsibilities for school, health care and extracurricular activities
  • Steps to resolve disagreements, such as mediation or arbitration
  • Provisions to update the agreement as children grow or circumstances change
These elements clarify expectations for both parents moving forward.

A strong foundation for your family’s next chapter

Co-parenting successfully is a worthwhile challenge for your child’s well-being. A carefully drafted parenting agreement supports this effort. Working with a Texas family law attorney helps you create an agreement that fits your situation and is legally sound. Professional guidance gives your family the best chance for a smooth, supportive transition.  ]]> On Behalf of Kell and Quilty, PLLC <![CDATA[Will your privacy be compromised during a high-conflict divorce?]]> https://www.orlandokelllaw.com/?p=254127 2026-05-21T07:49:03Z 2026-01-27T07:14:13Z What does the discovery process involve? When you file for divorce in Texas, the case may enter a stage called discovery. During this phase, spouses are often required to share financial details so the court can divide property fairly and decide any support obligations. These can include:
  • Bank statements, credit union records and brokerage account statements that usually covers the last two years
  • Retirement account statements, pension plans and profit-sharing records that show current balances and vesting information
  • Insurance policies for life, health, auto and property that list coverage terms, premium amounts and beneficiary information
While discovery is no longer automatic in every case, courts consider it a standard in high-conflict cases. Under state law, you typically have 30 days to respond to a Request for Disclosure or Production. However, if these requests arrive along with the initial divorce papers, that deadline extends to 50 days.

Will the opposing party bring up your emails and texts?

Your emails, text messages and social media posts often play a significant role in divorce cases. Courts frequently review digital communications to clarify timelines, verify financial claims or understand the dynamics between spouses. Federal and state laws do offer important safeguards for your electronic privacy. For instance, state and federal laws generally prohibit unauthorized access to your private communications. This means your spouse typically cannot legally access your password-protected accounts or install tracking software on your devices without your consent. Once a divorce is underway, the discovery process usually allows both sides to request relevant electronic records. So, you should know that your spouse, their attorney or the judge could eventually see anything you write in an email or post online.

What protections exist for children?

When children are involved in a divorce, courts focus on their best interests rather than on parental privacy. You may need to share details about your parenting, home environment and personal relationships if they affect custody decisions. The legal system does offer specific shields to limit public exposure. State law requires you to remove sensitive markers such as birth dates and social security numbers from public documents. You can instead file these details in a private "Sensitive Data Statement" to keep them off the open record. If you are worried about your children's personal information being public, speaking with an attorney can help you utilize these protections to keep sensitive information private while still meeting your legal obligations.  ]]> On Behalf of Kell and Quilty, PLLC <![CDATA[How divorce affects parental rights in blended families]]> https://www.orlandokelllaw.com/?p=254125 2025-12-26T13:38:16Z 2025-12-26T13:36:54Z Blended families are unique, and they also come with complex legal challenges. When the parents divorce, questions about parental rights can feel confusing and emotional. Texas law draws clear lines between legal parents and stepparents, even when everyone plays an active role in a child’s life.

Legal parents and stepparents defined under Texas law

Texas law focuses first on a child’s legal parents, who may be a biological or adoptive parent. Even if stepparents provide care and support, marriage does not grant them automatic parental rights. This distinction is important during divorce, because custody and visitation decisions start with the rights of legal parents under the Texas Family Code. A stepparent may seek limited rights but only in specific situations. They must have had exclusive care and control of the child for at least six months, ending within 90 days before filing for divorce, which disqualifies many stepparents who shared daily duties. But even with standing, they must overcome the "fit parent presumption" which is a very high legal hurdle.

How divorce changes day-to-day parenting

All divorces are difficult, but they can sometimes be more chaotic in blended families. Children may move between households that include half-siblings or stepsiblings. Stepparents have no inherent legal rights to custody or visitation unless granted by a court or through adoption. These changes can be overwhelming to a child who may only be starting to adjust to their new life. Anticipating problems can help lessen the stress on the child. Here are some common issues families face:
  • Custody and visitation schedules: Courts set schedules for legal parents, which can affect time with stepsiblings.
  • Decision-making authority: Legal parents keep rights over education, medical care and major choices.
  • Emotional impact on children: Changes in household roles can create stress that parents need to address together.
These issues will inevitably surface due to the unique nature of the family. But parents can prevent things from getting worse by maintaining clear communication. Additionally, they can consider legal guidance to avoid conflict and confusion.

Navigating divorce in blended families

Every blended family is unique, and no single solution fits all situations. Families in Texas facing divorce in a blended household should work with an experienced family law attorney to protect their children and secure their future. The sooner they plan for upcoming changes, the more time the children will have to adapt.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[Is an uncontested divorce fit for you?]]> https://www.orlandokelllaw.com/?p=254115 2026-05-21T07:50:03Z 2025-12-03T15:23:10Z Meeting state legal requirements for divorce You or your spouse must have lived in Texas for the preceding six months before filing for divorce. Furthermore, one spouse must have resided in the county where the divorce papers are filed for the preceding 90 days.

Agreeing to all divorce terms

The biggest requirement you must meet is a mutual agreement on all key issues, including property division, child custody and spousal support. Both parties should present a signed marital settlement agreement that details the final arrangements for every issue. A single unresolved disagreement can transform your case from uncontested to contested.

Providing full financial disclosure

The courts require both spouses to provide full financial disclosure that details each other’s assets, income, liabilities and expenses. This transparency builds trust and ensures that asset division properly follows community property rules. If either of you fails to uphold this, disputes can arise and prolong your divorce case.

Assessing your situation

If you meet all the non-negotiable requirements, the uncontested option is likely the right choice. However, deciding is only the first hurdle of the process. You also need to complete and file the paperwork properly. An experienced divorce attorney can review your prepared documents and offer guidance to avoid costly legal errors.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[When is divorce mediation required in Texas?]]> https://www.orlandokelllaw.com/?p=254114 2026-05-21T07:50:46Z 2025-11-06T16:54:06Z property and debt division and support payments.

The court's expectation

Most Texas judges view mediation as the key method for parties to resolve their disputes privately. It is the court's way of encouraging you to reach an agreement tailored to your family, rather than leaving the decision to a judge. Mediation may not be required or appropriate in cases where a party files a written objection based on a history of family violence committed by the other party. While judges retain discretion in all cases, the mere existence of prior contempt actions does not provide a lawful basis to object to a mediation referral. If you refuse to participate in court-ordered mediation, the court may impose sanctions under the Texas Civil Practice & Remedies Code, which can include limiting your presentation of evidence at trial, striking your pleadings or assessing costs and attorney's fees. The failure to comply with a court order may also subject you to a finding of contempt.

Participating "in good faith"

Simply showing up to a mediation session is not enough. The court expects you to participate "in good faith," meaning you need to be willing to exchange offers and remain open to compromise genuinely:
  • You must have an honest and sincere dialogue.
  • You must be prepared to negotiate your positions.
You cannot attend mediation with the sole goal of refusing to settle. The court expects a genuine effort to resolve your disputes before resorting to trial.

Spouses control the outcome

When you reach an agreement, it becomes a Mediated Settlement Agreement (MSA). An MSA is legally binding and, if it meets the state's legal requirements, a party is entitled to judgment on it. The agreement is generally not subject to revocation, significantly limiting a judge's discretion, except in cases involving children, where the court retains the authority to ensure the agreement is in the child's best interest. The MSA is your best opportunity to maintain control over how you divide property and create parenting plans for your children.

Why see mediation as an opportunity?

Mediation is a unique chance to peacefully conclude your marriage, allowing you to craft creative, tax-efficient and practical solutions that a judge simply cannot order. The process minimizes the emotional cost, maintains your family's privacy and significantly reduces legal fees compared to a full trial. Success in mediation is about securing a fair and workable settlement you can genuinely live with.

Is it right for you?

Mediation can be an invaluable opportunity to take charge of your future rather than handing control to a judge. To manage these steps effectively and understand how the process works in Bexar County, consult an experienced divorce attorney who is also a skilled mediator and can explain the process to help you determine how it can benefit your family.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[What happens if one spouse hides assets during divorce?]]> https://www.orlandokelllaw.com/?p=254103 2025-10-02T13:26:04Z 2025-10-02T13:26:04Z Divorce requires complete honesty about finances. In Texas, both spouses must disclose all assets, debts, and income before dividing property. But what happens if one spouse tries to hide assets? Courts take this issue seriously, and the consequences can be significant.

Full disclosure is required

Texas courts require full financial disclosure through discovery and may order a sworn inventory. This includes bank accounts, retirement funds, investments, and valuable personal items. If one spouse intentionally leaves something out, the court views it as an attempt to defraud the other party. This damages credibility and influences the judge’s final decision on property division.

Consequences of hiding assets

When hidden assets come to light, the court may award the entire value of those assets to the other spouse. For example, if one spouse hides a savings account, the judge can give the full amount to the other party instead of dividing it. In addition, lying under oath can lead to penalties, fines, or even criminal charges for perjury. The risk of concealing property far outweighs any short-term benefit.

How hidden assets come to light

Courts rely on several methods to uncover hidden property. Financial records such as tax returns, bank statements, and credit reports often reveal discrepancies. In some cases, a forensic accountant traces funds and uncovers irregular transactions. Even lifestyle evidence, such as unexplained purchases or hidden accounts, raises red flags.

Protecting your rights in property division

When you understand how Texas courts treat hidden assets, you protect yourself during divorce. The law ensures fairness by requiring both spouses to present an accurate financial picture. When each party stays honest, property division moves smoother, faster, and at lower cost.]]> On Behalf of Kell and Quilty, PLLC <![CDATA[How does the Bradley Amendment affect child support modifications?]]> https://www.orlandokelllaw.com/?p=254098 2025-09-02T19:42:17Z 2025-09-02T19:42:17Z The Bradley Amendment significantly impacts how child support modifications are handled in the U.S. It specifically affects the ability to change or reduce child support arrears. When a parent owes back child support, the amendment prevents the reduction of that debt, even if circumstances change. Understanding this law helps parents prepare for legal challenges related to child support payments.

What is the Bradley Amendment?

The Bradley Amendment, passed in 1986, ensures that child support arrears cannot undergo modification. Once a court establishes a child support obligation, the amount owed stays the same, even if the paying parent’s financial situation changes. This applies to situations like job loss, a drop in income, or a change in the custodial arrangement. Lawmakers designed this provision to provide consistent support to children and prevent reducing owed support because of a parent’s financial difficulties.

How does the Bradley Amendment affect modifications?

The Bradley Amendment limits a court's ability to adjust unpaid child support. For instance, if a parent’s income drops significantly, they cannot reduce their arrears by modifying the original order. Courts can still modify ongoing child support payments, but cannot forgive or reduce past-due amounts. This ensures that children continue to receive the support owed to them.

What can be modified under the Bradley Amendment?

Although the Bradley Amendment prevents changes to child support arrears, it does not block changes to future child support payments. A parent can request a modification of future payments if a significant change in circumstances occurs, such as a change in income or custody. However, the law does not allow retroactive adjustments to amounts already owed. The Bradley Amendment underscores the importance of paying child support on time and in full. Parents seeking modifications must understand this law to avoid complications in child support cases.]]>