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Spousal Support Laws in Texas

Spousal support, formerly referred to as spousal maintenance, is a court-ordered alimony payment. Court’s make decisions based on available evidence. As such, it is important that you have a knowledgeable family law attorney by your side to make sure you have the best representation possible. Rashelle Fetty and The Fetty Firm can guide you to the best settlement possible.

Do You Qualify?

Courts can order support if the petitioning spouse lacks enough in property or assets for basic necessities. In addition, one of the following circumstances must be met:

Spousal Support Laws in Texas

If a spouse is convicted of an act of family violence against the other spouse or a child during the marriage. These incidents must have occurred during the divorce proceedings or within two years of filing for divorce.
The petitioning spouse has a physical or mental disability that prevents them from earning adequate income for basic necessities.
The petitioning spouse has custody of a child from the marriage, and this child is in need of special care for either physical or mental disabilities, causing the parent to be unable to make enough income for basic needs.

What Influences the Court’s Decisions?

Unless there’s a conviction for family violence, the court will begin with the assumption that spousal support is not necessary. With that being said, it’s important that you have an experienced attorney to give you the best chances of getting what you deserve.

If spousal support is appropriate, the court will then determine the amount to award based on several factors, including.

Colleyville TX Spousal Support

Available assets at the time of divorce
The employment and educations certifications of each spouse
How long the marriage lasted
The petitioners’ age, employment history, ability to earn, physical health, and emotional health
Child support
Destruction, concealment, or fraudulent disposal of joint property
Marital improprieties such as adultery or abuse
Family violence history
Property that each spouse bought into the marriage

Furthermore, spousal support is very limited, lasting anywhere from five years to ten years, depending on how long the marriage lasted.

For the best chances of getting the right settlement, choose Rashelle Fetty and The Fetty Firm. We’ve helped countless clients with family law cases, and we look forward to helping you. You can reach us by calling (214) 546-5746.

6 Reasons to Consider a Trust

If you haven’t considered how a trust could help you pass your wishes and wealth on, you could be making a critical mistake in your estate planning. Especially for individuals with substantial assets, protecting wealth for future generations should at the top of your priority.

Benefits of a Trust

An effective trust is carefully drafted by a qualified attorney and takes into account your specific circumstances and as well as current laws. Not having proper documentation could result in you not reaping the benefiting from the benefits of a trust.

6 Reasons to Consider a Trust

Private Passing of Wealth

One of the most powerful and straightforward ways to use trust is by ensuring that your heirs have timely access to your wealth. When transferring assets through a will, your estate undergoes a procedure known as probate, conducted in state courts.

This probate process can carry some unforeseen negative consequences for the administration of your estate, such as:

Delays – Probate proceedings can be lengthy, with some taking longer than others. Additionally, if you own property several states, probate may be required in each state.
Costs – The fees included in probate can be quite substantial. The fees are hefty, even in basic cases, with no conflict between beneficiaries.
Publicity – The probate process is public. A will becomes a public record once admitted to probate. This means that anyone who wishes to view it can do so. Such transparency can create unwanted scrutiny.

Control the Distribution of Your Assets

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Trusts establish possible ways to transfer assets. Such as:

Distributions for specific purposes – Ability to stipulate that the trustees shall make money available to children or grandchildren only for college tuition or maybe future health care expenses.
Age-based terminations – The assets in a trust can also be distributed to heirs at periodic intervals. For example, 30% at the age of 40, 30% at the age of 50, and so on.

Building Your Legacy

The purpose of a trust is to help people realize a vision for their assets. With that being said, you should guide the discussion with your attorney with the goals you have for your estate. Overall, trusts can definitely help build your legacy the way you want it. Contact The Fetty Firm today at (214) 546-5746, for more information on our estate planning services.

Child Support Laws in Texas

Securing your child’s well-being is one of the major aspects of being a good parent. In instances when parents divorce, part of the job is ensuring that child support obligations are met. For those currently dealing with child support litigation, contact The Fetty Firm for experienced assistance in family law matters.

Texas Child Support Guidelines

Generally speaking, there are limits to child support amounts in the state of Texas. These limits are referred to as guidelines. These guidelines state that the non-custodial parent must pay:

Child Support Laws in Texas

20 % of net income for one child
25% for two children
30% for three children
35% for four children
40% for five children
40% or more for six or more children

The paying parent is responsible for the child until the age of 18 or high school graduation, whichever comes first.

Guidelines are just guidelines. If both parents can come to a settlement, then this arrangement takes precedence.

Rashelle Fetty and The Fetty Firm explain to clients the ins and outs of the guidelines in the state and will advise you on the best path forward. We can help answer questions about child support law, such as:

Facing lawsuits for back child support
Needing to enforce child support orders
Wishing to modify a child support order

All in all, child support is a complex issue that requires extensive litigation over the years. Rightfully so, clients come to us with all types of questions about child support in the state of Texas.

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Frequently Asked Questions

How do these guidelines work?
How to structure a child support agreement with a former spouse?
Concerns over paycheck garnishment to fulfill child support obligations?
In what ways does child health insurance and health care costs factor in?
What happens in the event that the payee loses their job?
How does a change in the income factor in?
Can I challenge the paternity of the child or children in question?
What grounds can I use so the child support order be modified?
How does the process work in the event of remarriage?

Contact Us Today

Overall, the best way to act when it comes to child support is with the assistance of an experienced family law attorney, such as Rashelle Fetty and The Fetty Firm. You can reach our law firm by calling (214) 546-5746.

Five Reasons to Create a Will

Having a will is arguably one of the most important things a person can do for themselves and their families. This document not only protects your spouse, children, and assets, it also explains how you would like to handle important matters when you have passed away.

While each person and case is unique, here are some common reasons to create a will.

Distribute Your Estate

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A will lets you decide on how your estate is handled after your death. Without a will, it’s not certain that your wishes will be carried out. A will helps minimize any type of family fights about your estate that could arise. Essentially, a will allows you to distribute your estate exactly as you desire.

Designate a Guardian

A will also allow you to make an informed decision about who should take care of your minor children. Without a will, the court will take it upon itself to choose among family members or a state-appointed guardian.

Avoid A Lengthy Process

Every estate must go through the probate process, with or without a will. However, a will speeds up the probate process in addition to informing the court on how you would like to divide your estate. Without a will, the court decides how to divide estate without your input.

Minimize Estate Taxes

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Another way a will is useful is in minimizing your estate taxes. When distributing your estate to family or charity, it will reduce the value of the estate when it’s time to pay estate taxes. It just comes to show how useful a will can really be.

Prevent Legal Challenges

If you die before drafting a will, part of or all of your estate may be passed on to someone that you didn’t choose. Just imagine the misallocation of millions of dollars due to the absence of a will. To avoid misunderstanding and potential legal issues, make a will as soon as possible.

As you can see, drafting a will is useful for several reasons. Don’t wait to finish the important task and get at it. If you are ready to draft a will, contact The Fetty Firm today by calling (214) 546-5746. You can also learn more by visiting our

Child Custody: Know Your Options

Parents have one thing in common. They want the best for their children. Understandably so, we make all the efforts to help parents with their child custody cases.

Generally speaking, child custody is one of the most challenging aspects of divorce. Why? Well, for starters, the litigation process is very lengthy and extensive. Consequently, the best bet is to hire a family law attorney that is familiar with the ins and outs of Texas Child Custody Law.

Rashelle Fetty and The Fetty Firm are here to help. We’ve helped countless parents find the best path for their children. We work to make sure your parental rights and those of your child are always corrected.

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Know Your Options

In the state of Texas, there are four custody options available: joint, sole, temporary, and split. Each of these options is different in its own way, and Rashelle will go over each of these options. In addition, you’ll be advised on what option best fits your current circumstances.

Joint Custody

When parents receive joint custody, they both have the right to make decisions for the child. Furthermore, there are certain variations for this type of custody. Shared physical custody, for one, describes the instances when the child has two legal residencies. There is also an option that combines traits of both joint legal and physical custody.

Sole Custody

This type of custody is when one parent is awarded both legal and physical custody of the child. As such, all decisions involving the child’s upbringing, education, health care, and other important matters rest with the designated parent.

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Temporary Custody

Although not permanent, temporary custody is still an important part of the child custody litigation process. It refers to where the child will reside during the litigation process. The decision is taken according to the child’s best interest. With that being said, this is only a short-term arrangement.

Split Custody

This type of custody normally involves two or more children. An instance could occur where the courts decide to award full physical custody of one or more children to a single parent. However, neither parent will have full custody of all the children. This arrangement is based on numerous factors, such as the child’s age, where the children wish to live, and other types of factors.

For more information on child custody laws in the State of Texas, contact The Fetty Firm at (214) 546-5746.

The Reason for Terminating Parental Rights

There are several reasons for terminating parental rights. A father may have found out a child is not biologically his or a parent may not be suited to raise a child. Regardless, there are many reasons for terminating parental rights. The Fetty Firm is capable of helping you terminate those rights.

The Texas court system is very complicated and requires the right lawyer for the job. Clients can find peace at The Fetty Firm and in Rashelle Fetty. She is the owner and sole attorney at the firm. She has years of experience in family court. Her skills are unmatched and will help you fight this decision in the courtroom.

Voluntary versus Involuntary

Take the actions you believe are necessary.

There are two types of termination when it comes to parental rights: voluntary and involuntary. These types are very straightforward. Voluntary parental termination is when a parent agrees to terminate their rights to a child. Then, the parent will sign various forms and then go to court to testify. They will testify, saying they are terminating their rights to the child.

Furthermore, voluntary termination can apply to biological or adopted children. There are various reasons a parent may terminate their own parental rights. It all varies on the parent and the situation in the family.

On the other hand, there is an involuntary termination of rights. This occurs when the parent does not agree with the decision, and it is ruled by the court. Major reason a parent will have involuntary termination of rights include:

Abuse
Neglect
Abandonment
Criminal Behavior
Mentally or physically dangerous environment
Refusal of supporting the child

These reasons are just a few, but they are the most common. The Fetty Firm can help clients fight for their child or pursue the termination of rights against a spouse. Rashelle Fetty has years of experience in family courts, which is why you should get in touch with her.

The Fetty Firm Can Help You

Get in touch with The Fetty Firm today. You can reach the firm by calling (214) 546-5746. It is also important for clients to visit the firm’s website. The termination of parental rights page features very helpful information for those seeking such actions.

The Types of Texas Wills

A will is an important document for families and loved ones. It is a legal document that will pass on the property of a deceased loved one to a number of beneficiaries. Wills have a number of benefits, such as making the process after a loved one’s death easier. It also gives the passing loved one peace of mind they might not have had.

Now, there are two types of wills the state of Texas recognizes: an attested will and a holographic will. These two types of wills vary from each other in a small way. However, both types of wills serve the same purpose. The only difference is how they are created.

Attested and Holographic Wills

Attested wills and holographic wills are the only types of wills recognized by Texas.

An attested will is the most common type of will. It is also the way most people think about wills. A valid will must be in writing and signed by the testate. The testate is a person who has died and left a will. The testate must also have another person in their presence and two attested witnesses over the age of 14.

A holographic will is a will that is written completely by hand and signed by the testate. A holographic will does not need to be signed by a witness and is still valid in the state of Texas. These two types of wills can help you rest in peace and make the process after your death easier. Your family will appreciate the smooth process your will provide. Funeral arrangements and property distribution can be outlined in the will.

If you prefer, an attested will then get in touch with The Fetty Firm today. The owner and sole attorney, Rashelle Fetty, will help you create a will for your loved ones. The Fetty Firm can also help clients with possible living wills for those suffering from medical conditions.

Call for Your Will Services

Obtain an attested will by calling The Fetty Firm. You can reach out to the firm by calling (214) 546-5746. Be sure to visit our website to find out more about the will process. If you need a living will, then we can help with that too.

What is Spousal Support?

Divorces may end a relationship, but there are times when the two may still interact. One such interaction could be spousal support. Relationships are not always even financially. One partner may have a better paying job than the other, and so there is an imbalance. A divorce could lead one person financially unstable, and so one spouse may receive support from the other.

This support is also known as alimony. It is when one financially stable spouse helps the other after divorce. This situation can be court-ordered or a predetermined decision between the couple. The goal of alimony is for the unstable spouse to gain financial stability.

Qualifications for Spousal Support

Divorce is stressful, but The Fetty Firm can ease some of it.

If you want to petition the court orders spousal support, then there are a few things you must meet. Firstly, you must show you a lack of property and assets to provide basic needs. Secondly, the court must recognize at least one other circumstance, which varies.

One of those circumstances could be a spouse convicted of domestic abuse to the other spouse or a child. However, the conviction must be during the marriage or within two years of filing the divorce. Another option is the spouse has a physical or mental disability that prevents them from supporting themselves.

A third qualification includes a marriage of at least ten years and a spouse unable to obtain enough income for basic needs. Finally, the spouse has custody of a child that requires special care, and the spouse cannot support them on their own.

These are important qualifications the court will consider. Clients work closely with Rashelle Fetty so she can help you obtain the best outcome. Every case is different, and The Fetty Firm has seen many of them. There are a lot of factors to consider when claiming spousal support, so you should have an expert by your side.

Call The Fetty Firm Today

The Fetty Firm has years of experience in family court. The owner and sole attorney at The Fetty Firm, Rashelle Fetty, will help you fight for what you believe is rightfully yours. Give her firm a call at (214) 546-5746. Clients should also look at the qualifications and factors considered for spousal support on the firm’s site.

Why Would You Modify Your Child Custody Orders?

There are various types of child custody that you could be enrolled in. Regardless of the type, you may want to fight for a modification in your child custody order. This process must be done in court and may be for the following reasons:

Current child support orders
Existing custody orders
Existing visitation orders
Medical and support orders

The Fetty Firm can help clients obtain changes in their child’s custody. Rashelle Fetty has several years of experience in family court. She can help clients with a wide range of family-related hearings. Fetty was included on the 2020 Texas Rising Stars list that was awarded to the state’s top 2.5% attorneys. This accolade and many others are why you should get in touch with her firm.

Reasons for Modification of Orders

The Fetty Firm can help fight for your child.

There are several reasons you may want to modify your child’s custody orders. Common reasons include a change in job status, relocation, criminal charges, and significant changes in living conditions. The Fetty Firm understands how important your child is to you. Rashelle Fetty will work with you to change these orders.

Any parent has a right to seek or defend the modification orders. Above all, you want what is best for your child. The Fetty Firm can help obtain what is best for them. There are various reasons why you would want to change your child’s orders. You may simply think it is the best interest of the child. You may also believe the other parent is not suited for the child’s care.

So, why do you want to modify your child’s custody orders? Contact The Fetty Firm to enforce or request a change in your child’s custody order. Rashelle Fetty has worked with numerous clients to change visitation rights, child support, and custody overall. Moreover, she can help clients with divorce and then transition into child custody battles.

All of Your Family Court Needs

The Fetty Firm can help you with any of your legal family needs. If you need to modify your child’s custody orders, then get in touch with the firm today. Call (214) 546-5746 to get in touch with Rashelle Fetty. Be sure to visit the enforcement of modification orders on The Fetty Firm website too.

Do All Wills Go Through Probate?

Probate is when a will goes through a legal process to determine if it is authentic. It is a common legal procedure, but it is also very timely. Wills that go through probate takes time and money, which is why some try to avoid it altogether. There is a way to skip probate, and there may be scenarios when you would want to skip the process.

Wills are used to pass on property to beneficiaries once a person dies. If a will is not established, then the courts will create one and distribute property how they see fit. Wills are very beneficial for the families after a family member’s death and the testate, the person dying. The family will have a more comfortable process after their loved one’s passing. Plus, their loved one will have peace of mind when they do pass.

Ways of Avoiding Probate

Most wills go through probate.

There are ways of avoiding probate, but there needs to be careful planning. Firstly, it is best to have a will. Those who die without wills may also require probate. You may want to avoid probate to skip the many legal fees you will incur or avoid the estate taxes. Your reason may also simply be privacy.

Regardless of the reason, there are ways of avoiding probate. One way of avoiding this lengthy legal process is to set up a revocable living trust. Property is placed into the trust that is only accessible to the owner. Once they die, the property is given to a beneficiary, and no probate is needed.

Life insurance policies are another way you can avoid probate. They require policyholders to add a beneficiary to the plan. Once the holder passes, then the property is passed on to the beneficiary. Retirement plans may also be another option, but not all of them work the same way.

In general, you will most likely go through probate. Unless you actively plan to avoid it, the process will most likely occur. That said, probate is relatively inexpensive, and the process has been streamlined over the years.

Call for a Will or a Probate Lawyer

If you are needing to create a will or want probate assistance, get in touch with The Fetty Firm. Rashelle Fetty has years of experience with family court. Give her firm a call at (214) 546-5746. Clients should also visit her will and probate pages to find out more about the process.

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