Placedo, TX Divorce Law Firms & Lawyers

If the original divorce decree stated that you were entitled to half of the retirement unless you remarried. And you remarried for a period of 2 1/2 years then it would seem under basic contract law that you are no longer entitled to half the retirement.

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.