Terry L. Hart, Attorney at LawHouston Family Law Attorney | Divorce & Child Custody Lawyer2026-06-04T18:01:47Zhttps://www.terryhartlaw.com/feed/atom/WordPressOn Behalf of Terry L. Hart, Attorney at Law<![CDATA[Are you and your co-parent fighting about screen time?]]>https://www.terryhartlaw.com/?p=476572026-06-04T18:01:47Z2026-06-04T18:01:47ZSummer vacation is supposed to be fun, but for many co-parents, it also inspires a familiar disagreement: screen time. When school is out and routines become more flexible, children often spend more time on tablets, phones, gaming systems and streaming services. It may not take long before one parent believes the child is spending too much time on screens while the other thinks the concern is being exaggerated.
Screen time disputes are common because co-parents often have different parenting styles. One household may strictly limit electronics and encourage outdoor activities, while the other allows more freedom during summer break. Children may quickly notice these differences and sometimes use them to their advantage.The problem is not necessarily that parents have different rules. In most custody arrangements, each parent has considerable discretion regarding day-to-day decisions while their child is in their care. Conflict usually arises when one parent believes the other’s approach is negatively affecting the child’s health, behavior, sleep schedule or academic readiness for the upcoming school year.For example, a parent may become frustrated if a child returns from the other household exhausted from late-night gaming sessions. Another may be concerned that excessive social media use is contributing to anxiety or behavioral issues. Others may argue about age-appropriate content, online safety or whether children should have unrestricted access to devices.
What can be done?
Rather than turning every screen-time disagreement into a legal battle, co-parents should first focus on communication. Discussing expectations before summer begins can often prevent misunderstandings later. Some parents find success by agreeing on broad guidelines, such as limiting devices during meals, establishing bedtime rules or requiring outdoor activity before recreational screen use.Consistency can also benefit children. While identical household rules are not always realistic, children generally adapt better when parents share similar expectations regarding technology use.In high-conflict situations, parenting plans may sometimes address technology-related concerns. Older agreements often do not mention smartphones, social media or gaming because those issues were less common when the orders were drafted. If technology disputes repeatedly create conflict, modifying a parenting plan to include clearer guidelines may be worth considering.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Tips for clear communication when co-parenting]]>https://www.terryhartlaw.com/?p=476552026-05-22T16:10:38Z2026-05-22T16:10:38ZCommunicating with an ex probably isn’t something that you’re looking forward to, but if you share children with your ex, communication is a priority. Finding ways to keep these conversations productive and calm can be challenging.
When you’re speaking to your ex, keep the focus on the children. Allowing the conversation to veer into the issues that caused the split or anything other than the children will likely lead to heated and unproductive conversations.
Set clear boundaries
Communication with your ex will require that boundaries be set. This should include the primary method of communication, which might be phone calls, text messages, emails, messages through a parenting app or any other option that’s mutually agreeable. Boundaries about the times for non-emergency communication should also be set. The expectation for how long response times should be is another decision you and your ex have to make. As you do this, remember that those boundaries don’t apply when the communication is an emergency.
Plan for compromise and disagreements
The parenting relationship will be easier for everyone if you and your ex can compromise with each other. These decisions must be based on what’s best for the children, but that doesn’t mean that there won’t be disagreements. When a disagreement occurs, you and your ex should try to remain calm and talk through the issue. If that’s not immediately possible, it may be necessary to take a break to calm down and consider the options before readdressing the matter. Ultimately, communication sets the stage for the entire parenting relationship. When parents can communicate with each other, the children will reap the benefits. Having all the plans for co-parenting, including communication, put into the parenting plan helps to ensure both parents are aware of how things should work. ]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Avoiding 401(k) penalties during a Texas divorce]]>https://www.terryhartlaw.com/?p=476522026-05-06T23:31:09Z2026-05-06T23:31:09ZWhat penalties may apply?
Any withdrawal from a tax-deferred retirement savings account increases an individual’s taxable income for the year. They must report those funds as income, which can potentially push them into a higher tax bracket.
Additionally, withdrawals trigger a penalty. In addition to the amount withdrawn, the account holder loses another 10% of that amount as a penalty for removing funds from the account before reaching retirement age.
Thankfully, there are systems in place to facilitate penalty-free account divisions during a divorce. Those with tax-deferred retirement accounts can have an attorney draft a qualified domestic relations order (QDRO).
This document allows for the penalty-free division of one retirement savings account into two separate accounts in the names of each of the spouses. People can also potentially negotiate arrangements in which they address the value of a 401(k) without actually splitting the account during their property division settlements.
Working with an experienced divorce attorney to draft a QDRO can help people reduce the secondary financial consequences of a divorce. People who follow the right procedures can protect their retirement savings accounts from penalties and avoid income tax obligations triggered by splitting marital resources.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[7 types of income courts consider in a spousal maintenance order]]>https://www.terryhartlaw.com/?p=476502026-05-06T14:16:53Z2026-05-06T14:16:53ZWhen going through a divorce, your salary is just one piece of a much larger financial picture. This is why Texas courts often look beyond your paycheck when setting a spousal maintenance order. Hence, knowing what counts as income gives you a clearer view of the process and helps you stay prepared.
What is spousal maintenance in Texas?
Spousal maintenance is the financial support one spouse pays to the other after a divorce. In Texas, courts award it only under specific circumstances, such as a long-term marriage or a spouse's inability to meet basic financial needs. Additionally, the paying spouse's monthly obligation cannot exceed $5,000 or 20% of their average gross monthly income, whichever is less. Courts also set time limits based on the length of the marriage. Thus, understanding these guidelines gives you a realistic picture of what to expect throughout the process.
Seven types of income courts take into account
Now that you understand how Texas courts determine spousal maintenance, it helps to know exactly what income sources they evaluate. Courts look at far more than just your base salary when reviewing both spouses' finances. Here are the seven types of income Texas courts consider:
Employment income: This includes your regular salary, hourly wages and any commissions you earn from your job.
Self-employment and business income: If you own a business or work as an independent contractor, courts will look at your net profits or draws.
Investment and interest income: Dividends from stocks and interest earned on savings accounts or securities all count toward your income.
Retirement and pension payments: Courts also factor regular distributions from retirement accounts, pensions or annuities into the calculation.
Government benefits: Courts also include taxable Social Security benefits, disability payments and unemployment compensation.
Rental income: Courts consider any money you earn from renting out properties or land as part of your overall income.
Bonuses and overtime: Performance-based pay such as annual bonuses and overtime earnings also factor into the court's assessment.
As you can see, Texas courts take a comprehensive look at your financial picture. This is why understanding each of these sources puts you in a better position to protect what you have earned.
Protect the income you’ve worked hard to earn
Knowing which income sources courts consider is the first step toward feeling confident in the process. A spousal maintenance order does not have to catch you off guard. The more informed you are about how courts evaluate your finances, the better equipped you are to make smart decisions for your future. Therefore, taking time to explore your rights and options now can make all the difference in reaching an outcome that feels fair and protects everything you have worked hard to build.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Are you considering a shared family vacation this summer?]]>https://www.terryhartlaw.com/?p=476492026-04-23T09:52:15Z2026-04-23T09:52:15ZWith the cost of just about everything connected with travel going up, many families are rethinking their summer vacation plans. Some divorced co-parents who would normally take separate vacations with their children might be considering taking one shared family vacation this summer to save money.
Shared family vacations after divorce have become easier now that it’s possible to rent an entire home on a site like Airbnb or VRBO. A large enough place can give everyone their own bedroom and bathroom and enough shared spaces that ex-spouses aren’t constantly bumping into each other. Some co-parents even include new spouses and children or other close family members in the mix.Certainly, a shared family vacation isn’t for everyone – or even for most divorced couples. However, if you and your co-parent have an amicable or even friendly relationship or a happily blended family, it may be worth considering.
Establishing some rules is key
A family vacation – even if it’s a short getaway to the vacation home you continue to share in the Hill Country – benefits from some ground rules (which you may prefer to think of as points of agreement). This can help prevent misunderstandings and conflict that can ruin the trip for everyone. Among the things it’s smart to discuss and document after you agree on a destination include:
How expenses will be split
Assignment of bedrooms and other sleeping areas
How childcare responsibilities for younger children will be divided
Whose rules (or what special rules) will apply if the two of you have different ones in your homes
What activities you want to include – either together or separately with your children
How the trip will fit into your summer parenting time schedule
If the shared vacation works out, you might even want to codify some of these agreed-upon points to use for future trips. If you have questions or concerns as you consider a shared vacation, having trusted legal guidance can help you ensure that it’s a vacation everyone will remember fondly.
]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Keeping the home in a “gray divorce” requires careful thought]]>https://www.terryhartlaw.com/?p=476482026-04-04T05:19:16Z2026-04-04T05:19:16ZSome people who divorce after they become “empty nesters” and are heading toward retirement use this as an opportunity to downsize into a smaller home, like a condo, townhome or even a residence in a retirement community. The proceeds from the sale of a single-family home (particularly one that’s significantly increased in value since it was purchased) can help divorcing spouses start this new phase of their life on a sound financial footing.
Others involved in what’s often called “gray divorce” are determined not to part with the family home – particularly if the mortgage is paid off. The home may carry too many memories to leave behind. They may have close ties to the neighborhood and community. If their soon-to-be ex also wants the home, they may see the fight for the home as a battle they need to “win.”
Does it make financial sense?
If you believe that keeping the home in your divorce is what’s best (for any of these reasons or others), it’s smart to at least consider how wise that is from a financial standpoint. Remember that home ownership, even without a mortgage, can be costly. You’ll still have to cover property taxes, insurance, HOA dues, maintenance and utilities. One certified divorce financial analyst (CDFA) advises, “If a home is going to be more than 70 percent of your net worth, you should consider whether you can really afford it.”It’s crucial to factor all of these home ownership expenses into your budget and determine whether your income (potentially but not definitely including spousal support) will cover them. If you plan to retire soon, you’ll want to look at what your income (including Social Security retirement benefits and retirement account distributions) will look like. Remember too that under Texas’ community property laws, you’ll likely need to pay your spouse roughly half of the current value for their “share.”As with many decisions that need to be made during divorce, determining whether to keep or even fight for the family home is both an emotional and financial one. Unfortunately, emotional attachments too often outweigh practical financial ones. By having sound legal and financial guidance, you are better equipped to make a decision that will serve you well in the long run.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[What life changes can trigger a child support modification?]]>https://www.terryhartlaw.com/?p=476472026-03-27T13:01:04Z2026-03-27T13:01:04ZLegal grounds for support adjustments
Texas courts do not adjust support orders for minor changes or temporary setbacks. Instead, the law requires specific situations to ensure that any modification serves the best interest of the child and remains fair to both parents:
Fluctuations in earned income: A significant promotion or a job loss constitutes a material change that warrants a review of the monthly support amount. This ensures the payment reflects the parent's actual ability to pay.
Additional legal dependents: If the paying parent becomes legally responsible for additional children from a new marriage or relationship, the Texas Family Code allows for a downward adjustment of the original support percentage. This calculation balances the needs of all children across different households.
Shifts in medical coverage: A modification is often necessary if the cost of health or dental insurance changes significantly or if the parent providing the coverage can no longer access an employer-sponsored plan. The court must ensure the child remains protected while keeping the cost of the premiums reasonable and consistent with state law.
Changes in primary residence: When a child moves to live with a different parent, the obligation to pay support must be updated to match the child's new home. This update ensures that support funds reach the parent who is currently providing the daily care and housing for the child.
These standards can prevent parents from litigating every small life change while providing a pathway for relief when situations shift. Furthermore, the process requires filing a formal petition because informal agreements between parents are not legally enforceable in Texas.
Aiming to secure your child's future
Beyond the math of the guidelines, the long-term well-being of your child depends on a support order that reflects your current life. However, handling child support issues can be challenging. With legal advice, you may receive guidance for protecting your rights as you aim to secure your child's future.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Why filing in Q1 in Texas can change your divorce timeline]]>https://www.terryhartlaw.com/?p=476452026-03-02T13:42:22Z2026-03-18T12:41:16ZIf you file for divorce in Texas between January and April, timing can change how quickly your case moves and which financial and parenting issues take priority. This is because the calendar year affects taxes, bonuses, school schedules and business records. Understanding how the filing schedule influences the process allows you to prepare and anticipate any problems that could delay your case.
How timing affects waiting periods
Texas law requires a 60-day waiting period after you file before a court can finalize a divorce. If you file between January and April, that waiting period usually runs through tax season and bonus time, so the case will rely on current income records.Filing early gives you up-to-date proof of income, such as pay stubs, W‑2s or contractor statements, which create a clear cutoff for business records and bonuses. That makes valuing assets and dividing income simpler and lets the court set temporary custody and support orders before summer. But remember that court schedules still vary, contested issues may delay hearings and temporary orders do not automatically happen.
How the filing date locks in assets
Texas is a community property state. That means the court presumes assets owned at the time of divorce belong to both spouses unless proven separate. When you file for divorce, the court treats income, debt and purchases made after that date as belonging to the spouse who acquired them. It is advisable to speak with a divorce lawyer before filing, especially if recent pay, bonuses or purchases matter.
Choose the right moment to file
Divorce is not an isolated life event. Your job cycle, children’s routines and asset structure all interact with the court process. When you are already in an uncertain phase in your life, planning ahead helps protect what matters most and gives you steadier footing to move forward.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[Does a demanding career put custody at risk?]]>https://www.terryhartlaw.com/?p=476432026-02-26T14:48:54Z2026-03-02T14:45:16ZWhat Texas courts actually consider
When courts review conservatorship, they look at real-life patterns rather than assumptions. They consider how each parent supports the child’s daily needs and overall well-being. Judges may look at:
Which parent handled school drop-offs, medical visits and activities
Each parent’s ability to provide a stable home
Involvement in homework, discipline and daily routines
Support for the child’s relationship with the other parent
Work schedules and flexibility
Any history of instability or poor decisions
If your spouse handled most daily responsibilities, that history carries weight. Still, it does not decide the outcome. Working parents regularly receive the exclusive right to choose the child’s primary residence when they show steady involvement and a clear plan.
Temporary orders also shape a case. Early on, a court may decide which parent has the exclusive right to decide where the child lives during the case. If that arrangement works well and provides stability, courts are reluctant to change it later.
How working parents can protect their position
You do not have to choose between professional success and active parenting. Courts recognize that many families rely on demanding careers. The focus remains on commitment and structure.
If you work full time, emphasize flexible scheduling, remote options or dependable childcare support. Keep records of school events, medical visits and extracurricular activities. Demonstrate how you maintain routines and participate in important decisions. Custody disputes reward preparation and credibility. Addressing scheduling concerns early can prevent them from defining the narrative.
Positioning yourself for primary conservatorship
A demanding career does not bar you from serving as the parent who determines your child’s primary residence. Courts examine consistency, stability and long-term planning. They focus on which parent can provide structure while supporting the child’s growth and relationships.
Strong outcomes rarely happen by accident. They develop from preparation, documented involvement and a clear plan that reflects the child’s needs. When you approach conservatorship with intention and foresight, you reinforce your role and demonstrate that professional success and responsible parenting can coexist.]]>On Behalf of Terry L. Hart, Attorney at Law<![CDATA[4 financial steps to take before filing for divorce in Texas]]>https://www.terryhartlaw.com/?p=476422026-02-25T15:50:35Z2026-02-25T15:50:35ZGather financial documents
Start by meticulously collecting your financial records. You will need a comprehensive picture of what you and your spouse own and owe. Pull together:
Bank statements from the past year
Three years of filed tax returns
Pay stubs from your current job
Any retirement accounts, such as 401(k), pension, IRA
Stock portfolios and other investments
Business financials (if either of you owns a company)
Credit card statements
Mortgage documents and car titles
Making copies of everything might be smart. Some individuals find it beneficial to store copies outside their residence, such as with a trusted friend or in a safety deposit box in their name only. As Texas is a community property state, most assets acquired during marriage may belong to both of you. Presenting documentary evidence that those assets exist allows the court to equitably divide them.
Protect your accounts and credit
If you do not have a bank account under your name only, it’s advantageous to open one now. This is not about concealing money. It's about maintaining access to funds for daily expenses and attorney fees during the divorce proceedings.
Check your credit report from all three bureaus at AnnualCreditReport.com. Look for accounts you may not know existed or debts your spouse may have opened in your name. If the debt occurred during your marriage, Texas law will likely hold both of you liable for it, regardless of whose name appears on the account.
An important rule: avoid depleting joint bank accounts or withdrawing money from retirement accounts. Judges can penalize this behavior by awarding you less in the final settlement.
Understand community versus separate property
Texas community property law presumes that everything acquired during marriage belongs to both spouses equally. Your income, retirement contributions, real estate acquisitions and even that vehicle in your name alone. It's all community property.
Separate property encompasses what you owned before marriage, inheritances and gifts given specifically to you. But you must substantiate it with documentation like pre-marriage account statements, inheritance paperwork or gift letters.
Know your rights
Every situation is unique. For instance, a business owner would require different guidance than a stay-at-home parent. An experienced family law attorney can evaluate your specific circumstances and develop a strategy tailored to your needs. With help, you can better protect what's rightfully yours.]]>