When a servicemember is involved, calculating child and spousal support requires including all income, taxable or not.   When determining the military parent’s income, it is best not to use a tax return. Because some of the income that servicemembers receive is tax-free, you will be calculating with an amount that is too low. Instead, use the Leave and Earnings Statement (LES), which is similar to a pay stub but far more comprehensive. The LES will show you the military parent’s basic pay, housing and other allowances, as well as information about how many dependents the servicemember is claiming and how much...

If you are in the military, the SCRA is your friend: it can prevent a judge from issuing court orders that could affect your relationship with your children. If you are the non-military spouse, you may feel upset by the delays, because the law gives servicemembers extra time to respond to legal proceedings and allows them to request hearings be postponed until the servicemember can be there. The entire divorce case may be delayed, causing it to take a lot longer to get to the final judgment. That said, there are often issues related to children that need to be...

In honor of Memorial Day, we are posting tips concerning family law and the military this week.  We love our military service men and women!  Many of us on the Tessmer Law Firm staff are military dependents. We send a huge thank you to all those who have served our great nation!   Family law matters concerning a member of the military create several unique issues as compared to the typical civilian cases, as specific state and federal laws will apply. When one spouse (or both) are serving in the armed forces, a divorce is more complicated and there are different rules concerning...

Common Law Marriage FAQ   Remember, in order to have a common law marriage a couple must: live together as man and wife in Texas; agree to be married; and represent themselves as married in Texas. i.e., tell others they are married.   I would like to be in a common law marriage with a 17-year old. Can we marry with her parents’ permission? No. Both parties must be over 18 to enter into a common law marriage.   A decade ago I lived with another person as husband and wife. Can I file for divorce now? Generally courts will only grant a divorce for common law marriage...

Dissolving a Common Law Marriage – Divorce   In order to end a common law marriage you must file for divorce. The first step, however, is proving the marriage existed.   Proving a Common Law Marriage   Texas courts generally give two years from the end of the relationship for a person to prove a common law marriage and file for divorce. After two years the court assumes that there was no agreement of marriage.   Examples of proof of marriage are: joint tax statements; leases signed as husband and wife; insurance forms filed as husband and wife; a signed declaration of marriage; and sworn testimony from acquaintances...

Entering into a Common Law Marriage   If you would like to enter a common law marriage you must be: over 18; marrying someone of the opposite sex; not related to your future spouse and not currently married.   Nobody under the age of 18 may enter into a common law marriage, even with parental approval. In addition to being over 18, you must be a mixed gender couple. A Texas judge recently ruled the ban on same-sex marriage unconstitutional during a lawsuit involving a same-sex common law marriage. However, the status of same-sex marriage remains in legal limbo. Finally, both parties must be...