Bell County, TX Divorce Law Firms & Lawyers

Generally you will need to include child support.  Your Judge may be different. Usually a Judge will order the non-custodial parent to pay child support to the custodial parent even if that parent prefer that the court not order support.  The Judges work for the State of Texas and the State of Texas has an interest in ensuring that the custodial parent has  funds to take care of the child without having to rely on the State for health insurance (Medicaid or CHIPs) or other State aid.   If you prepare a final decree that does not require the payment of support and the provision of health and dental insurance, the Judge may send you back to the drawing board when you show up to finalize your divorce, or the Judge may ask you if you have the means to support the child.  In agreed divorces where the parents are each going to have the child about fifty percent of the time, some couples will agree to no child support.  If you are each able to support the child during the period you have the child in your possession, then you will be more likely to convince the court to sign your decree.   I would, however, recommend that you include a child support order and wage withholding order as part of your divorce.  I see too many people come in requesting modification of decrees where the parties had agreed to no support in the divorce, but have found that the non-custodial parent does not contribute financially, and the child and custodial parent are struggling as a result.  

You could be entitled to a reimbursement claim for the funds towards the improvements and the mortgage. You would have to have receipts. If he doesnt have access to any cash to reimburse you then it would be hard to get the money.

To begin, Texas is a community property state, which means that, absent special circumstances--including but not limited to such things as (a) the disability of one spouse (b) a significant difference in the income and/or earning ability of the spouses, the relative ages of the spouses--the court is supposed to divide the net community estate (total community assets minus all community debts) essentially equally.  Your disability is an important factor weighing in favor of you receiving a greater than 50% share of the net community property, but the fact that your husband is older and and soon retiring weighs in the other direcrtion. Ther's certinaly a possibility that you could end up with the home, as long as you are able to keep up on the mortgage payments, but the court may require you to pay your husband all or part of his 50%  share of the accumulated equity in it, assuming it has positive equity.  If you are awarded the home, you will almost certainly also be required to refinance all loans secured by the home (i.e., mortgages , Home equity lines of credit.)  or otherwise remove your husband from all loans secured by the home.   You may also be entitled to spousal support (alimony), depending upon whether your husband has disposable income left after meeting his own reasonable living expenses (usually measured on a monthly basis).  If not, a court could decide instead to award you more of net community estate than is awarded your husband, which could be accomplished by reducing any amount you would otherwise owe your husband as his share of the equity in the home. Generally speaking, each spouse in a community property state is a 50% owner of the funds that have accumulated during the marriage in one spouse's 401(k) , IRA, or other similar retirement accounts.   You've got enough property issues that it would be to your benefit to consult an attorney so that he/she could obtain more specific information from you in order to give you a better idea of what type of divorce decision you might expect from the court.