Rockwall County Family Law FAQ

These answers cover the family law questions that come up outside of custody and divorce specifically — support math, court procedure, property characterization, safety and cost. For the other two, see our Custody FAQ and Divorce FAQ.

How is child support calculated in Texas?

Texas applies guideline percentages to the paying parent’s monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four and 40% for five or more, under Texas Family Code § 154.125. Guideline support applies only up to a statutory cap on net resources that the Office of the Attorney General adjusts periodically.

Net resources are not the same as take-home pay. The calculation starts with nearly all income — wages, self-employment income, bonuses, commissions, rental income, interest and certain benefits — then subtracts federal income tax for a single person claiming one exemption, Social Security taxes, union dues and the child’s health and dental insurance premiums. Percentages are also reduced when the paying parent supports other children.

What happens at a temporary orders hearing in Rockwall County?

A temporary orders hearing sets the rules that govern your family while the case is pending: who lives in the house, the interim possession schedule, interim child support, and who pays which bills. It is a short evidentiary hearing, often the first time both sides testify, and the resulting order can shape the final outcome.

Hearings are typically set within a few weeks of filing and are frequently limited in time, so preparation is compressed. Bring documentation rather than narrative: pay stubs, a proposed budget, a calendar of who has actually been caring for the children, and any relevant messages.

Is Texas a 50/50 property state?

No. Texas is a community property state, but a court divides the community estate in a manner it deems “just and right” under Texas Family Code § 7.001, which is not necessarily equal. Separate property — anything owned before marriage or received by gift or inheritance — is not divided at all.

All property on hand at divorce is presumed community property under § 3.003, and the spouse claiming an asset is separate must prove it by clear and convincing evidence, usually by tracing it to its source. Factors that can move a division away from equal include fault, disparity in earning capacity, education, health, and who has primary care of the children.

How fast can I get a protective order in Rockwall County?

A Texas court can grant a temporary ex parte protective order the same day an application is filed if it finds a clear and present danger of family violence, and that order can last up to 20 days. A hearing on a final protective order is then set, typically within two weeks.

Applications are governed by Title 4 of the Texas Family Code and can be filed by the applicant, by an attorney, or with the assistance of the county or district attorney’s office. A final protective order generally lasts up to two years and can prohibit contact, order the respondent to stay away from a residence, workplace or school, and address firearm possession. A protective order is different from a divorce restraining order, which protects property and does not carry the same enforcement consequences.

CPS contacted me. What should I do?

Be polite, do not refuse contact outright, and say clearly that you want to speak with an attorney before signing anything or agreeing to a safety plan. Documents signed in the first days of a Department of Family and Protective Services investigation often define the case for months.

Investigations in Rockwall County lead to cases filed in the 382nd or 439th District Court. Cooperation and representation are not opposites — an attorney’s job early in a CPS matter is usually to help you cooperate in a way that does not concede facts that are not true. Understand which services are voluntary and which are court-ordered before you agree to them.

Can my spouse and I use the same attorney?

No. A Texas attorney cannot represent both spouses in a divorce or both parents in a custody case, because their interests conflict. One party may hire an attorney to prepare agreed documents while the other proceeds unrepresented, but the attorney represents only one client.

Where the goal is a genuinely cooperative resolution, the usual tools are a mediator working with both parties or a collaborative-law process where each spouse has counsel committed to settlement. Both are often less expensive than litigation.

What does a Rockwall County family law case cost?

Most Texas family law work is billed hourly against an initial retainer, with the total driven by how much of the case is contested. Uncontested matters with full agreement are the least expensive; cases with temporary orders hearings, discovery disputes, expert witnesses or a final trial cost substantially more.

Ask any firm for a written fee agreement that states the hourly rates of everyone who will touch the file, the retainer amount and how it is applied, how expenses like filing fees, service, mediation and court reporters are billed, and what happens to unused retainer funds. Our initial consultation is free, and we will tell you where money is worth spending and where it is not.