Allison Strauss, Attorney at Law, PLLC Kingsville Family Law Attorney | Divorce 2026-06-15T18:27:01Z https://www.kingsvillelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1204430/2022/06/cropped-Site-Graphic-1-32x32.png On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[How to create stability for children during divorce transitions]]> https://www.kingsvillelaw.com/?p=253431 2026-06-11T15:50:21Z 2026-06-11T15:50:21Z Habits that can strengthen a child's sense of security Children generally adjust better when daily life feels steady. Several habits can reinforce that sense of security:
  • Keep routines familiar: Regular bedtimes and meal schedules can give children structure in both homes.
  • Use visual reminders: Younger children often benefit from calendars, planners or color-coded schedules. These tools show when they will be with each parent.
  • Maintain duplicate essentials: Keeping school supplies and toiletries in each residence can reduce last-minute disruptions during exchanges.
  • Protect children from adult disputes: Parents often lower emotional strain when they keep disagreements private. Avoiding negative comments about each other can also reduce tension for children.
  • Preserve important relationships: Continued contact with grandparents and relatives can give children a broader support network.
These habits may work best when both parents use similar standards. However, this does not mean that your children need identical environments. Clear expectations across both households can make it easier for children to understand what life will look like in each home. Efforts to promote stability and predictability for children also align with family law principles. Under Texas law, courts place the child's best interests at the center of decisions involving conservatorship, possession and access. Judges often consider factors that support continuity in a child's daily life when evaluating those arrangements.

Supporting long-term adjustment

Children rarely process household changes all at once. Their reactions may shift as schedules, school routines and parenting arrangements become unfamiliar. For that reason, it is helpful to watch how they respond and adjust when their needs change. In some families, evolving circumstances may also affect existing parenting arrangements. Legal guidance can provide clarity when those terms require modification or when decisions involve a child's welfare.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[What is retroactive child support in Texas?]]> https://www.kingsvillelaw.com/?p=253427 2026-06-10T15:15:19Z 2026-06-10T15:15:19Z Limits on retroactive obligations Texas judges can require a noncustodial parent to pay back support for up to four years before the filing date of the petition. The court evaluates specific legal factors to see if this award is fair, such as whether the parent knew of the child and if they previously gave any financial help. This look-back period balances the child's past needs with fairness for both parents.

Common reasons for claims

Custodial parents typically seek these past payments to address long gaps in daily financial care. These situations frequently require formal court intervention to resolve unpaid support:
  • Paternity cases: When a mother establishes legal fatherhood for an unmarried couple, the court reviews past years to assign fair financial accountability.
  • Extended absence: If a parent leaves the household and fails to contribute to daily necessities, the remaining parent can seek formal restitution.
  • Intentional evasion: When a parent intentionally hides income or avoids court papers, the judge may overcome the standard four-year rule.
This recovery mechanism strictly aims to reimburse the custodial parent for actual expenses incurred while raising the child without adequate financial assistance. Therefore, it is vital to collect and present clear receipts of these historical costs to the court. The Texas Family Code sets the standard for this process by outlining how judges must evaluate a claim. Under these guidelines, judges should analyze the past net resources of the payer and review any previous voluntary support, like buying clothing or groceries.

Seeking to secure a child's future

Family dynamics require careful balancing to protect the best interests of a child. This process can shape the future financial stability of a household. With legal counsel, a parent may receive the critical support necessary to present a clear child support case to the judge. In addition, having legal guidance may help them protect their rights and interests as they seek to secure their child's future.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[How can a fair alimony agreement be negotiated in Texas?]]> https://www.kingsvillelaw.com/?p=253402 2026-04-17T14:43:47Z 2026-04-17T14:43:47Z Determine a reasonable amount Texas law provides specific rules to help figure out a fair monthly amount for spousal maintenance:
  • The "minimum reasonable needs" test: The court evaluates whether the spouse seeking support lacks enough property or income to cover basic living expenses like housing, utilities and health care.
  • Duration of the marriage: Generally, a marriage must have lasted at least 10 years to qualify. However, there are exceptions for cases involving family violence or disabilities.
  • Financial resources and earning ability: Judges look at the education and age of both spouses. This helps them see how long it might take for a person to support themselves.
  • Statutory caps: By law, monthly payments cannot be more than $5,000 or 20% of the payer’s average monthly gross income (whichever is less).
This structured path makes sure the support meets basic needs without becoming too heavy a burden for the person paying.

Figure out the duration of payments

The duration of these payments is often tied directly to how long the marriage lasted. For marriages between 10 and 20 years, support typically caps at five years. Marriages that lasted 30 years or more may see support for up to a decade. Some families choose to negotiate unique plans that fit their specific goals better than a standard monthly check. These solutions focus on providing support for the shortest time needed to help a person become self-sufficient.

Ensure compliance from both parties

A final agreement can only be effective if both parties follow the terms consistently over time. Clearly outlining the method and timing of payments in the legal decree helps prevent misunderstandings and keeps both individuals on the same page.

Negotiate for fairness

If a major life change happens, the legal system offers ways to change or end the payments. For example, if the person receiving support gets remarried, the duty to pay usually ends automatically under Texas law. Similarly, if the person paying support suffers a significant job loss, they may petition the court to reduce the monthly amount to reflect their new financial reality. Focusing on a solid and practical plan from the start helps protect the family's future. A legal professional with experience in family law can provide the guidance needed to reach a resolution that truly focuses on the family.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[How to prepare for divorce when you are a stay-at-home parent]]> https://www.kingsvillelaw.com/?p=253400 2026-03-13T15:16:24Z 2026-03-13T15:16:24Z stable, independent future. You can secure your family's well-being by taking proactive steps early.

Protect your share of community property

Texas is a "community property" state, meaning the law views marriage as a financial partnership. Judges do not always split everything 50/50, but they must divide shared assets in a way that is "just and right." Your share may include retirement accounts and the family home, even if your name is not on the deed. To ensure a fair division, you should begin by gathering the following records:
  • Copies of recent tax returns and bank statements
  • Shared debts like credit cards or car loans
  • Separate property you owned before the wedding.
Having these records ready for your attorney prevents assets from disappearing during the legal process. Clear documentation gives you a stronger starting point for a fair settlement.

Secure a financial bridge

Because you paused your career for the family, you may qualify for "spousal maintenance" to help you transition. Texas law typically requires at least 10 years of marriage and proof that you cannot meet your "minimum reasonable needs." You must also show that you are diligently seeking employment or training to become self-sufficient. Your lawyer can use specific tools to provide you with immediate financial relief, including:
  • Temporary orders that provide immediate cash for monthly bills while the case is active
  • Child support to ensure your kids maintain their standard of living in both homes
  • Standing orders that prevent a spouse from canceling your health insurance during the divorce
These legal tools provide the breathing room you need to focus on your future. Using these protections reduces constant stress over daily expenses as you move toward independence.

Leverage your role as the primary parent

Texas courts prioritize the "best interests of the child" when deciding custody and visitation. If you manage your children’s school schedules and doctor visits, the law recognizes that they need that continued stability. Your daily presence in the home is a major factor in a judge’s final parenting plan. The legal system aims for fairness, but the rules can feel overwhelming. Skilled legal guidance protects your rights while you focus on healing your family. An experienced and compassionate divorce lawyer levels the playing field so you do not have to face the complex legal system alone.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[How to navigate living together during a divorce]]> https://www.kingsvillelaw.com/?p=253399 2026-02-03T13:16:53Z 2026-02-03T13:16:53Z Sharing a home while ending a marriage can create stress, tension and confusion, even when both of you want to avoid moving out right away. Because your daily lives remain intertwined, understanding how to manage routines, finances and emotional boundaries becomes essential for keeping the household stable while the divorce moves forward.

Setting clear expectations with your partner

Living with a partner is more common than many people realize. Studies show that nearly six out of ten adults have spent time living with someone they were not married to. This highlights how normal shared living arrangements can be.  Now, making cohabitation work often starts with agreeing on the basics. Talking through expectations early can prevent small misunderstandings from turning into major arguments. For example, you may find it helpful to discuss:
  • Daily routines like cleaning, cooking and dividing household responsibilities
  • Personal boundaries around guests, privacy and alone time
  • Financial arrangements including bills, mortgage or rent contributions and who pays for what
  • Parenting schedules and rules if children are involved
Putting these agreements in writing, even informally, can create a shared reference point that reduces tension and keeps both of you accountable. Clear expectations allow you to focus on managing the household rather than reacting to constant disagreements.

Taking care of yourself during cohabitation

While navigating shared space, maintaining your own well-being can make each day feel more manageable. Keeping personal routines, carving out time for friends and setting aside quiet moments for reflection can help ease the stress that naturally arises during the marital separation process.  In addition, seeking support from a therapist, support group or legal professional can guide your choices and protect your interests, giving you confidence in handling tough decisions.

Finding balance and moving forward

Living together during a divorce does not have to mean constant conflict. By combining honest communication, practical financial planning and dedicated self-care, you can reduce friction and keep the household running more smoothly. Taking these steps helps you stay grounded in the present while protecting your future and moving toward life after divorce.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[Why January is known as ‘divorce month’]]> https://www.kingsvillelaw.com/?p=253398 2026-01-25T23:13:56Z 2026-01-25T23:13:56Z What caused the nickname? January has a reputation for being the month when more people than usual start considering divorce. Some researchers estimate that as many as a third of all divorces begin in January, even if people don't file paperwork with the courts immediately. Lawyers who offer family law services may have more initial consultations in January than in any other month. Many of those new clients do eventually follow through with ending their marriages.

Why do people act in January?

The holidays strongly contribute to the divorce month trend. Some people wait until after the holidays to file for the sake of their children or to give their spouses one last chance to prove their dedication to the relationship. Others start thinking about what they want for the future and realize that divorce is necessary. They schedule a consultation with the lawyer during the first weeks of the year and then begin exploring their options for ending an unhappy marriage and moving on with their lives.

What happens before a consultation?

Unhappy spouses considering a divorce filing may want to assess their circumstances carefully before meeting with a divorce attorney. They can collect records related to household finances and marital issues. Reviewing their concerns and documents with a lawyer during an initial consultation can help them understand their rights and what might happen should they divorce. Attorneys can educate people about property division, financial support and child custody matters. They can help clients identify potential divorce complications and determine what documentation might be necessary for an optimal divorce outcome. Frequently, those who initially begin talking about divorce in January spend multiple months preparing before filing paperwork and discussing the matter with their spouses. Scheduling a sit-down meeting with a divorce attorney can be helpful for those considering a divorce filing. Many people take that first step in January in the hopes of having a better future.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[Spot the red flags: the warning signs of parental alienation]]> https://www.kingsvillelaw.com/?p=253388 2025-12-16T06:56:10Z 2025-12-16T06:56:10Z Parental alienation involves more than just a difficult ex. It happens when one parent actively manipulates a child to reject the other parent without a valid reason. This behavior damages the bond you share with your child and can have long-lasting emotional effects. Recognizing the early warning signs allows you to intervene before the relationship suffers permanent harm.

Unjustified hostility 

A child who once enjoyed spending time with you may suddenly become angry or distant. They might treat you with hatred or disgust but cannot give a specific reason why. In many cases they react aggressively to minor issues that never bothered them before. This sudden shift often stems from the other parent portraying you as dangerous or unloving.

Knowledge of adult issues 

Children should not know the details of court battles or financial disputes. If your child mentions child support payments or specific legal arguments they likely heard this information from your co-parent. An alienating parent shares these adult topics to potentially make the child feel sorry for them and angry at you.

The all-or-nothing view 

Most children naturally have mixed feelings about their parents. They might love you but dislike your rules. A child under the influence of alienation often views one parent as perfect and the other as entirely bad. They lack the ability to see any good in you while refusing to acknowledge any faults in the other parent.

Repeating adult language 

Listen closely to the words your child uses. A young child using complex legal terms or phrases that sound like a script often repeats what they hear at home. They may use language that does not match their age or understanding. This behavior suggests the other parent coached them on what to say.

Protecting your bond with your child 

Texas courts prioritize the best interest of the child and expect parents to encourage a positive relationship with each other. When one parent actively destroys that connection they may violate this standard. You must document these behaviors and gather evidence to show the court the reality of the situation. A skilled attorney can help you present a clear case to protect your role as a parent in the life of your child.  ]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[What women should know about divorce and custody]]> https://www.kingsvillelaw.com/?p=253367 2025-10-17T10:46:18Z 2025-10-17T10:46:18Z The stakes in a divorce involving children could not be higher. Securing a stable future for your family often demands a full and precise understanding of family law. Your rights concerning decision-making authority, residency and financial support are not automatically guaranteed—you will need to assert them.

Child custody arrangements

In Texas, the term custody is usually referred to as conservatorship. The law recognizes different types:
  • Joint managing conservatorship (JMC): Both parents share the rights and duties of raising the child. Courts typically favor this arrangement.
  • Sole managing conservatorship (SMC): One parent has the exclusive right to make major decisions for the child.
  • Possessory conservatorship: This limits one parent's rights to visitation without significant decision-making power.
The specific conservatorship type will affect your daily life and long-term relationship with your children.

Determining custody

Courts focus on one guiding principle: the best interest of the child. They evaluate numerous factors to make a decision:
  • The child's needs
  • The parents' ability to provide a stable home
  • The emotional and physical danger a parent may pose to the child
  • Any history of abuse or neglect
  • The child's wishes if they are 12 or older
Courts do not automatically favor mothers in custody decisions. Instead, they evaluate each parent's ability to meet the child's needs.

Protecting your rights as a mother

The custody process requires strategic preparation and clear documentation of your parenting abilities.
  • Document your involvement in your child's daily activities and education
  • Maintain detailed records of all parenting time and responsibilities
  • Create a practical parenting plan that serves your child's well-being
  • Stay focused on your child's needs rather than conflicts with your ex-spouse
The terms set in your decree will govern your life for years. This makes careful planning non-negotiable. Now is the moment to implement a sound legal strategy. Professional guidance can help ensure the final agreement accurately reflects your rights and protects your children's best interests.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[3 steps that can help people prepare for divorce mediation]]> https://www.kingsvillelaw.com/?p=253368 2025-08-18T00:45:02Z 2025-08-18T00:45:02Z Learning about the divorce process State statutes govern the outcome of litigated divorces. While mediation can lead to a settlement that deviates from what the courts might decide, understanding the law is critical for successful mediation. Spouses need to comprehend what assets are part of the marital estate and how community property rules could affect the asset division process. They may need insight into the rules that apply to child custody disputes and alimony. Understanding what is likely during litigation can be important for people preparing for mediation.

2. Evaluating financial records

Mediation often forces spouses to focus on specific details regarding property division. Familiarity with the status and value of marital assets, as well as the extent of marital debts, can be beneficial for those preparing for divorce mediation. People who understand what resources they have to divide and what debts they may share with their spouses can more effectively counter proposed terms suggested by their spouse. They can identify issues, such as undisclosed or undervalued assets, and address those concerns during the mediation session.

3. Developing big-picture goals

People who are aware of what resources they have to divide and what the law might require if they litigate can establish clear priorities to focus on during divorce mediation. Spouses who participate with clear priorities in mind and who share that information with their lawyers are less likely to end up mired in emotional disputes that ultimately have minimal long-term impact on their financial recovery after the divorce. Properly preparing for divorce mediation can increase the chances of success and lead to a better divorce outcome. An attorney can play an important role in helping a divorcing spouse navigate the challenges of divorce and the mediation process.]]> On Behalf of Allison Strauss, Attorney at Law, PLLC <![CDATA[The impact of relocation on child custody arrangements: How to minimize disruption]]> https://www.kingsvillelaw.com/?p=253105 2025-07-01T15:45:58Z 2025-07-01T15:45:58Z Relocating can shake up a child’s routine and custody dynamics. You may worry about your child’s emotional needs and maintaining a strong bond with both parents. But with thoughtful planning, you can make the transition smoother and keep your child's well‑being front and center.

Create a clear parenting schedule

A structured visitation plan helps your child adjust. Decide together on exchange locations, travel times, and holiday arrangements. This reduces uncertainty and reassures your child that both parents remain involved. When schedules are spelled out, children feel more secure.

Use technology to stay connected

If distance makes in-person visits rare, daily video calls can bridge the gap. Encourage regular check‑ins via phone or messaging apps. Share photos, homework routines, or bedtime stories virtually. These small connections help the non‑relocating parent stay part of everyday life and show your child both parents care.

Be flexible around special occasions

Relocations can make holidays and birthdays more complicated. Try trading weekend visit time for a longer holiday stay. Or plan mid‑week video calls when an in‑person visit isn’t possible. Flexibility demonstrates that both parents prioritize your child’s happiness over rigid schedules.

Work with professionals when needed

Sometimes relocation causes legal or emotional conflicts. You might hire a mediator to draft an updated parenting plan or a counselor to support your child’s adjustment. Professionals can guide you to practical solutions that benefit your child and reduce stress for everyone.

Putting your child's well‑being first

Throughout the relocation process, your child’s emotional health should be your top priority. Keep routines familiar, reassure them about both parents’ roles, and validate how they feel. When children trust that change won’t impact their relationships, they’re more likely to cope well. By planning ahead, staying flexible, and using open communication, you can minimize the impact of moving on custody arrangements. Your child can continue to feel secure, loved, and connected—no matter where you live.]]>