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Testifying in Divorce Court
When you filed your divorce, you thought you and your spouse would be able to agree upon everything, and you would get a divorce as soon as the minimum waiting period passed. Of course, one of the reasons you wanted a divorce is that your spouse is a very uncooperative person. And of course, once you started the divorce, your spouse showed his or her uncooperative nature again and has refused to settle anything.
You receive a call from your attorney advising you that the case is set for trial on a certain date. All of a sudden, you are facing the prospect of having to actually testify about the peculiar facts of your case. Of course, you know that the Judge will administer an oath to you along the lines of "do you promise to tell the truth, the whole truth, and nothing but the truth?" You also know it is perjury to go into court and lie. You would not do that. However, you have never testified before in court. You do not have any idea what to expect. Here are some practical tips for testifying in court:
If you live in a city that has a number of different courts, I strongly suggest that you take a day off, go to the courthouse, and watch several trials. I do suggest that you do not go in the courtroom before the judge that you will actually appearing before, in your case. Instead, watch a criminal case, a personal injury case, probate case, or a divorce case in another court.
You cannot remake the facts of your case. However, by diligent preparation before you go to trial, you will enhance the probability that the court will look favorable upon the facts of your case.
Texas child support laws use the Percentage of Income Formula to calculate how much support the non-custodial parent must pay. This formula applies a percentage to the income of the non-conservatorship parent based on the number of children that need support. The Texas divorce court may order either or both parents to pay child support until the child is 18 years old or until graduation from high school, whichever occurs later; until the child is emancipated by marriage or a court order, until the child dies, or for an indefinite period if the child is disabled. A child support order in Texas should be revisited periodically through the court for potential modification. The most common reason child support is modified is due to a change in conservatorship, income, or a child of the support order reaching emancipation.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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