Hunt, 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.  

Getting married does not make all of your assets community property. Community property is what is earned during the marriage. However, there are more things to be concerned about when you marry someone who is not an American. I would caution you to be careful. I have represented multiple people who have spouses from overseas and have been caught up in a marriage scam.  It starts with demands for money, access to all money, then constant fighting, attempts to provoke you to physical violence, and it gets worse from there. If any of this sounds familar, then you need to seek an attorney immediately. The way the rest of this plays out .....you go to jail while your new spouse cleans you out and gets a fast track to a green card. If you cannot afford an attorney and any of this sounds familiar, I encourage you to do some internet research on this issue as soon as possible. 

You need to deal with this the only possible way. File a divorce or legal separation. The make a motion for temporary orders asking the court to require him to make the mortgage payments for the period he lived there and leave by a date certain. He has 3 years of equitable interest in the house since you were married and presumably paid the mortgage during that time with funds earned during the marriage which are, by definition, community property. Get a lawyer. Your private arrangements obviously and predictably didn't work. You need to deal with this in an adult fashion, with legal authority.