Family Law Attorney
Spring, Texas

Zip code alone is not a reliable indicator — many Spring zip codes include addresses in both counties. The most reliable method is to check your county property records or voter registration. As a general guide:

• Typically Montgomery County: 77386, portions of 77389
• Typically Harris County: 77373, 77379, 77380, portions of 77388

When in doubt, call us. We can confirm your county and the correct court in minutes — before you file anything.

Texas requires a mandatory 60-day waiting period from the date of filing regardless of county. From there:

• Uncontested (no children): 60–90 days after filing
• Uncontested (with children): 60–120 days
• Contested — moderate complexity: 6–12 months
• High-asset or highly contested: 12 months to 2+ years

Harris County courts and Montgomery County courts have different docket speeds and local rules. We set realistic expectations based on which court your case is assigned to.

Yes. Property acquired during the marriage is generally community property in Texas, subject to division in a just and right manner — not automatically 50/50. Courts consider each spouse's earning capacity, the children's needs, fault in the breakup, and other factors.

Separate property — owned before marriage, received as a gift, or inherited — is not subject to division. The claiming spouse bears the full burden of proof. Community contributions to separate property can create reimbursement claims that complicate what initially appears straightforward.

Yes — the portion of a 401(k), 403(b), or pension accumulated during the marriage is generally community property in Texas. But dividing it requires a Qualified Domestic Relations Order (QDRO) — a separate court order sent directly to the retirement plan administrator. Without a QDRO, the administrator cannot legally divide the account. Missing a QDRO after the final decree requires additional court proceedings to fix.

IRAs are divided through a different process — a transfer incident to divorce. Early withdrawal from any retirement account triggers income taxes and a 10% federal penalty. We handle both QDROs and IRA transfers as part of the divorce process.

Texas courts apply the best interest of the child standard under TFC §153.002. Factors include:

• Each parent's day-to-day involvement in the child's life
• Stability and quality of each home environment
• The child's existing relationships with siblings and family
• Each parent's physical and mental health
• Any history of family violence, substance abuse, or neglect
• Each parent's willingness to support the child's relationship with the other parent
• For children 12 and older — the child's expressed preference

Texas law is gender-neutral. Fathers and mothers are evaluated equally.

Yes. Texas law explicitly prohibits courts from applying any gender preference in custody decisions. A father can be designated as the parent with the right to establish primary residence if the evidence supports that outcome. The analysis focuses on each parent's involvement, stability, and ability to meet the child's needs — not gender.

The Expanded Standard Possession Order (ESPO) under Texas Family Code §153.317 gives the noncustodial parent significantly more time with the child than the standard schedule. The key difference is when transfers occur:

• Standard SPO: Weekend possession begins Friday at 6:00 PM
• Expanded SPO: Weekend possession begins at school dismissal Friday — and ends when school resumes Monday morning
• Thursday possession under the Expanded SPO also begins at school dismissal and ends at school resumption Friday morning
• Summer possession may extend to 42 days under the Expanded SPO

The Expanded SPO must be elected in writing at or within 30 days of the final order under TFC §153.3171. Missing that window means you default to the Standard SPO.

No — and this is one of the most frequently missed details in Texas custody cases. The Expanded SPO does not apply automatically. Under TFC §153.3171, the noncustodial parent must make a written election for the Expanded SPO at the time of the final order or within 30 days of the order being signed by the judge.

If the election is not made in time, the Standard SPO governs — and changing it requires going back to court. This is a detail that should be addressed during mediation or at final trial, not discovered afterward.

Texas child support is calculated under TFC §154.125 using guideline percentages of the paying parent's monthly net resources:

• 1 child — 20% of net monthly resources
• 2 children — 25%
• 3 children — 30%
• 4 children — 35%
• 5 or more children — 40%

Net resources are defined under TFC §154.062 and include wages, salary, commissions, overtime, self-employment income, and other sources after certain deductions. The guidelines apply to the first $9,200 in monthly net resources. Above that threshold, courts may order additional support based on the child's proven needs.

A significant income change is one of the most common grounds for a child support modification. However, simply reducing or stopping payments without a court order is a violation — subject to enforcement, contempt, and accumulated arrearages with interest. Courts do not retroactively reduce support for periods before the modification petition was filed.

Child support can also be modified if three years have passed since the last order and the current amount differs from the guideline amount by 20% or $100 — whichever is less — under TFC §156.401. If your income has changed, contact an attorney immediately to begin the modification process.

Child support in Texas typically ends when the child turns 18 or graduates from high school — whichever occurs later. If the child has a physical or mental disability requiring ongoing support, the obligation may continue beyond age 18 under TFC §154.302. Support does not end automatically — the paying parent may need to formally terminate the obligation through the court to stop wage withholding.