Losing custody or parental rights is one of the most stressful and difficult topics in parenting. Discovering that circumstances beyond your control could harm your relationship with your child can be devastating. In family law, we often encounter parents struggling with drug or alcohol addiction, anger issues, or legal problems. These parents may have a history with Child Protective Services and the law.
Navigating Texas family law challenges can be tough, especially when compounded by parenting difficulties and legal issues. These complexities can’t simply be resolved by deciding to change behavior that may jeopardize parent-child relationships. Progress in a family requires careful thought and attention to address these complex issues.
What legal options exist for married individuals facing divorce and single parents dealing with unemployment?
Hopefully, issues like this are not relevant to you and your family. In your household, economic insecurity may be a more pressing issue, especially amidst the pandemic. As a parent dealing with job loss or reduced hours, ensuring there’s enough food on the table can be a challenge. Managing a contentious family law case on top of these concerns can certainly overwhelm.
Today’s blog post delves into two scenarios. The first scenario revolves around individuals who are married and on the brink of divorce. While they may not have lost their jobs, they face the prospect of needing employment. This is despite lacking work experience or having been out of the workforce for years. Alternatively, you could be a single parent who has recently lost your job due to government-led shutdowns and economic slowdowns. You may have discovered that your ex-spouse is seeking primary custody of the children due to ongoing financial difficulties in your household. What options do you have is apparent if you find yourself in either of these positions?
What is the importance of steady employment in a Texas family law case?
One of the most straightforward questions a person can ask regarding their family law case is their employment status’s impact on the case. While money isn’t everything in life, it can certainly make the Gears of life run a lot more smoothly. Anyone questioning the importance of money in our lives needs to ask a person without knowing how they feel on this subject. Regardless of your views personally on money, wealth, and financial status, the fact remains that all of these considerations are important in a Texas family log case.
Right off the bat, Texas family law cases will typically incorporate into them children. If you are the parent of a child, then you realize just how important it is for you to have consistent income in your household. That truth is never more apparent than during this pandemic. We have all become hamstrung to a certain extent by the government LED closures of business and industry in general. If you work in oil and gas or hospitality, then you know for certain that your job prospects have taken a hit over the past year.
Judges Consider Child’s Best Interests in Family Law Cases
In family law cases, judges prioritize the best interests of the child when making decisions about their future. While ensuring a child’s comfort and financial stability is crucial, their fundamental needs for shelter, clothing, food, and education take precedence.
If you can provide your child with all these essentials, you would likely receive strong consideration for being granted primary conservatorship. However, if you cannot provide your child with the essentials of life, you will have a much more difficult time being named as the primary caretaker of your children.
Remember, you and your co-parent may clash over raising your child and deciding parental rights and duties. Pursuing primary conservatorship grants you the right to receive child support. However, relying solely on child support isn’t advisable for sustaining your household.
Challenges of Divorce Without Employment: Navigating Financial Responsibilities
From the outset of your divorce, not having a job can impact you in many ways. For starters, having a job is important when it comes to paying household bills during the pendency of a divorce. Remember, if your spouse moves out, household bills don’t stop. Work out a plan with your co-parent to ensure bills are paid during the divorce. You may need to shoulder some responsibility, especially if you’re unemployed, making you more reliant on your spouse.
Next, you have to consider that you may be limited as far as your ability to hire an attorney is concerned without a job. I would always recommend hiring an attorney in a divorce or child custody case if your circumstances involved children. Having someone available to lean on for advice and guide you during the case is incredibly important. Additionally, making a short-term investment into an attorney can be a great plan in that making sure your case gets off the ground correctly can save you both time and money in the future.
Financial Implications for Single Mothers
Lacking a job means you likely lack income. Lacking income means that you are more likely to live once a month or even week to week when subsistence. Being in this economic circumstance does not make it easy for you to hire or obtain an attorney. This puts you at a significant disadvantage when compared to your Co-parent when facing a family law case. Although you can represent yourself in a family law case, I would not recommend it. It is much more practical for you to have an attorney representing you in a case than to represent yourself.
Additionally, as your divorce case stretches on, you have to come to terms with what will happen to your marital home. For example, consider your living circumstances if you are a soon-to-be single mother who has either worked quite a little or not throughout your married life. In that case, all mortgage payments likely flowed through the income of your spouse. If you want to put yourself in a situation where you could remain in that house after the divorce, you need to be comfortable with paying the mortgage payments.
Mortgage Payments and Custody Rights
Paying those mortgage payments without a job would be next to impossible, even with significant child support or spousal maintenance. Furthermore, relying on your ex-spouse to make monthly payments increases the likelihood of missed payments, putting you in a precarious situation regarding household bills, including the mortgage. For this reason, many times in a divorce, a person in your circumstance may choose to have the house sold rather than to remain in it, even if that would be better for all parties.
Simply put, we do not want to place ourselves into a situation where you have bitten off more than you can chew as far as finances are concerned after divorce. The more income you have, the more wealth you have built for yourself and your family, the more you can bite off and choose successfully. Inversely, the lower your income unless you were able to take on as far as financial responsibilities. Not having a job could mean looking for an apartment or even staying with family or friends after a divorce. This could cost you your ability to be named the primary caretaker for your children after divorce or a child custody case.
Losing your job after court orders are already in place
let’s imagine a situation where you have been named the primary conservator of your children in a divorce. You have lived as a single person for years after the divorce without issue. You aren’t making a ton of money, but you are doing enough to get by. Then the pandemic hits any lose your job. You have done all you can to locate temporary employment when possible, but for the most part, you have struggled to maintain consistent employment over that time. It is becoming apparent that you cannot meet the financial demands of your post-divorce life, even with child support payments coming in from your ex-husband. Needless to say, these are not desirable circumstances.
Responding to a Modification Lawsuit After Job Loss
Then one day, out of the blue, you receive legal documentation filed by your ex-husband in the same court where you got divorced. He has filed a modification lawsuit against you, arguing that is substantial and material changes have occurred in your life since the rendition of your divorce orders. He believes that your lack of income and job prospects has impacted your household to such an extent that you can no longer offer the best circumstances for your children daily. In other words, he is arguing that he should be named as the primary conservator of your children given your job loss.
What would you do if you found yourself in these circumstances? Would you know how to proceed, or would you choose to retreat into a corner and not fight back against the modification attempt of your ex-husband? The fact is that even if your ex-husband were not successful in this lawsuit, you would still need to be able to find suitable employment to cause your household to run as simply as possible. A modification lawsuit of this sort would not be out of the ordinary considering your circumstances.
Losing your job could impact your custody rights if you were obligated to make post-divorce payments to your ex-husband for community property division. For instance, if you retained the house in exchange for payments, losing your job might hinder your ability to fulfill these financial obligations.
Yes, your ex-husband could file an enforcement lawsuit against you to compel payment according to the terms in your final decree of divorce. However, he cannot threaten to take away your children or request primary conservatorship as a consequence. Unpaid child support or other financial obligations from the divorce typically do not lead to loss of custody.
The importance of economic stability in a home
Having money or even a little bit of wealth can open up a lot of doors for you. Many of us actively avoid discussing wealth or being perceived as affluent by others, often viewing it in negative terms. However, I think this is not a great way to approach this subject. Rather, we could look at wealth as a tool to accomplish different goals by. Sure, some people misuse wealth, but many others use wealth to benefit the lives of those around them. There is likely no one else in your life you would rather benefit from money than your child.
In a family law case, the absence of wealth or employment can be detrimental. Your lack of income and prospects for earning may significantly impact your chances of being designated as the primary conservator of your children. Keep in mind that a judge assesses your circumstances to decide in the best interests of your children.
If it’s found that you don’t provide the optimal living conditions for your child and your spouse seeks primary conservatorship, your unemployment could be a factor against you. Being a mother, in my view, wouldn’t mitigate the potential negative impact of your financial situation.
Questions about the material presented in today’s blog post? Contact the Law Office of Bryan Fagan
if you have any questions about the material presented in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free of charge consultation six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law and your circumstances. We look forward to the opportunity to speak to you about your case in the family and appreciate your interest in our law office.
Other Related Articles:
- Can a Father Stop a Mother From Moving in Texas?
- Navigating Custody Enforcement in Texas
- Child custody appeals in Texas
- Guarding the Truth: Chain of Custody-Affidavit
- What is The Most Widely Used Standard For Determining Custody?
- What is The Least Common Form of Custody Arrangement?
- What is The Best Custody Arrangement For A Baby?
- Grandparents’ Rights in Texas child custody cases
- Who Usually Gets Custody in Texas?
- The Truth About Child Custody Cases in Texas: Debunking 10 Common Myths
Frequently Asked Questions
What are the grounds for losing custody of a child in Texas?
In Texas, a parent may lose custody of a child if there is evidence of abuse, neglect, or endangerment of the child’s well-being. Substance abuse, criminal activity, and a history of violence can also be factors in losing custody.
Can I get child support if the father is unemployed in Texas?
You can still pursue child support in Texas even if the father is unemployed. Child support is based on the parent’s ability to pay, so the court will assess the father’s earning capacity and other financial resources to determine an appropriate amount.
How does child support work if the father has no job in Texas?
If the father has no job or is unable to work, the court may impute income based on his earning potential or past work history. Child support calculations may also consider other sources of income, such as unemployment benefits or disability payments.
What is the lowest amount of child support in Texas?
The specific amount of child support in Texas can vary depending on the circumstances, but there is a statutory minimum amount. As of September 2021, the minimum child support obligation for one child is $100 per month.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
