GuyonFamilyLaw.com: Houston Family Lawyer, Paternity, Divorce, Child Support & Custody

Welcome to Guyon Family Law

Law Office of Judy D. Guyon
Houston Family Lawyer

For the last 21 years family lawyer Judy Guyon has practiced Family Law in Houston, Harris County Texas and the surrounding counties. She has done volunteer work for Texas Father's for Equal Rights and feel strongly about child and parenting issues, both for good and not so good fathers and mothers. Divorce and children's issues (Suit Affecting Parent Child Relationship or SAPCR's) are some of the most stressful experiences anyone will ever endure. They create the strongest feelings our hearts can generate. It is her goal to get the client through it with the best outcome for the least expense. Judy Guyon sees her job as helping the client to reevaluate the situation at all stages of the litigation process so that the client makes a decision that is correct for them, whether it be a trial or a settlement agreement.

Property issues are usually more than just property to the client. They are the accumulation of their life's work. Dividing it takes a realistic understanding of what would happen under the Texas Family Code if he/she decides to go to trial compared to an agreement between the parties along with an understanding of the financial and emotional costs of the trial. Only the client can make the final decision.

Child Support

There are very few things that an attorney will say are a "sure thing" in any litigation, but payment of child support may be one of those things. The non-custodial parent will be ordered to pay to the custodial parent a percentage of his/her income for the support of the child. This list of percentages is referred to by the Texas Family Code as the "child support guidelines". It is presumed by the court that the child support should be 20% of the NET income (the amount AFTER taxes are subtracted) for one child; 25% of the NET income for two children; 30% of the NET income for three children and 40% of the NET for four or more children. These percentages are lowered if the payor has other children he/she has a duty to support living in his/her home that are not under the current court order (such as the child of the current marriage). Also, the court MAY order an amount other than the percentages listed in the guidelines IF certain code provisions are met. Also, the non custodial parent usually is ordered to provide medical insurance on the child and to pay a portion of the uninsured medical expenses. All provisions affecting the child are judged by the standard of the "best interest" of the child.

Modification of Child Support

Child support set at the time of the original order of the court may be modified by the court and the court alone. No one can give permission to lower child support but the court. A petition to change the child support to a lower or a higher amount may be filed by the party paying or the party receiving the support. The party must demonstrate by the evidence that 1) there has been a material and substantial change in circumstances of the child or a person affected by the order since the date the court signed the order or the mediation agreement was signed OR 2) it has been three years since the order was rendered or last modified and the monthly amount of the amount under the order differs by 20% or $100 from the amount that would be awarded in accordance with the child support guidelines. This is a very short version of the issue of child support and does not begin to cover the entire subject, but gives some idea of the ability of the party paying the child support or receiving it to change the amount being paid. The court may not award retroactive (in arrears) change in child support EXCEPT that the court may order the support changed back to the date the party was served with process rather than from the date the court grants the change (trial date). All provisions affecting the child are judged by the standard of the "best interest" of the child.

Paternity

It is the intent of the Texas Family Law that all children to the extent possible have contact with and the support of both of the biological parents. Since mother nature tells us very obviously the identity of the mother, the father is usually the parent to locate. A parent may file a petition with the court requesting that he be identified as the parent of a child and given the rights that go with being the parent. Or, a parent may request that a father be identified and required to accept the responsibilities of the support of the child. The parental rights and duties of unmarried parents are the same as parents who were married, after they are identified as the biological parents of the child. This usually means a lawsuit with one of the parties denying parentage of the other party or trying to restrict the rights of a party to the child. Both sides have the right to request a DNA test of the child and the parents. If the test is positive and complies with the code requirements for testing laboratories and percentage results, the father is presumed by the court as the father of the child. The presumption may be rebutted by further paternity tests.

All family law courts encourage all parties to a case to go to mediation, some courts require attendance as a condition to trying the case. Mediation is a process in which the parties attend a meeting with a person who has been trained to try to bring the parties to an agreement on all the issues between them. In a divorce case, the issues may be the division of the property(who gets what); the value of the property (who's opinion of the worth of the asset is most correct); whether or not an item of the property is the separate property of one of the spouses;(when did he/she get the property and how) or any other particular of the property. Agreements between the parties are as binding as a court's ruling on the issues when properly written up, dated, signed by the parties and their attorneys and filed with the court.

Information

All actions taken by the client on both property and child issues are based on the situation; the desires of the client; the best interest of all involved and the costs. Any person facing a divorce or Suit Affecting Parent Child Relationship needs to begin to gather information on the estate, the issues, the persons who may be needed as witnesses and any other piece of data that might be useful in a dispute. You can never be too prepared for the experience.

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