Parent Alienation in Divorce
In recent years, “parent alienation” has become more prevalent in divorce cases. Parent alienation is the dramatic change in the relationship between a parent and their child when the child is used as a tool by one parent to hurt the other parent. Parent alienation can include much more than brainwashing of a child. In many cases, the child becomes hostile towards the alienated parent as they are fed not just conscious, but subconscious and unconscious, messages by the alienating parent. Frequently, the child will turn on the parent they previously loved and were very close to prior to the institution of the divorce proceeding. In some cases, the alienating parent will go to extreme lengths to keep the alienated parent from seeing the child for long periods of time. Children begin acting out and the situation quickly becomes volatile.
When children are used in such a manner, emotions are quickly aroused and a very simple divorce case can quickly become a highly contested case fueled by resentment and hostility. Parents who are successful in getting primary custody of a child in a parent alienation situation share many similar characteristics and may use some of the following tools to assist them in their defense:
- Keep an even-temper, remain logical and keep your emotions under control. Never retaliate.
- Though you may think of giving up, never do so.
- Go to the financial expense of seeing the case through. Never give up on your child. There can be nothing more important than the happiness of your child.
- Seek help from a skilled attorney who has experience with parental alienation.
- Familiarize yourself with how the courts work and the laws as they apply to your specific case.
- Seek professional help and diagnosis.
- Request a social study into the circumstances of the child
- Request a psychological evaluation of the alienating parent
- Keep a chronology or diary of events (this will help to jog your memory, keep track of witnesses, etc.).
- Document the alienation for submission as evidence in court.
- Keep the best interest of the child at heart.
- Provide the Court with an appropriate parenting plan.
- Make sure you understand the nature of the problem and focus on correcting it, even though you are being victimized.
- Always call and show up for visitation with your child at the scheduled time, even if there is no chance of the child being there.
- Take witnesses to testify that the child is not at home when you exercise your visitation rights.
- Focus on the child, and never talk to the child about the other parent or the divorce case.
- Never violate the Court’s orders.
- If you are receiving disturbing phone calls from the child or the other parent, tape the calls.
- If you are receiving disturbing emails or text messages from the child or the other parent, make a copy and place in a file.
Though none of these tips will guarantee that you get custody of the child, they will definitely assist you in building a case against the parent who is attempting to alienate you from your child.
Alimony Expands in Texas
Spousal support law continues to evolve in Texas; but like the hot, dry summer days which seem to creep along, the process moves slowly.
Governor Rick Perry signed HB 901 on June 17, 2011. The law is effective for Texas divorce cases filed on or after September 1, 2011. In 1995, Texas was the 50th state to pass a law providing for spousal support and has been one of the most restrictive in the nation.
The new law provides potentially increased relief to spouses who have been out of the work force, are disabled, are victims of family violence or are the primary custodians of a disabled child.
Major changes to the spousal support law are:
1. The maximum amount of spousal support that courts may award increases from $2,500 to $5,000.00 per month, although still limited to 20 percent of the payer’s average gross monthly income.
2. The duration of spousal support is extended from a maximum of 3 years to a maximum of 5, 7 or 10 years, generally depending on the length of the marriage.
3. The law clarifies that if a person has primary care for a disabled child, the custodial parent may be prevented because of the child’s disability from earning sufficient income to meet the custodial parent’s minimum reasonable needs.
4. The law also clarifies that a person may not be held in contempt for failing to pay spousal support which is in an agreed order and extends beyond the period of time provided under the law.
In order to receive “maintenance,” (which is the statutory term for spousal support), the spouse seeking support must lack sufficient property to provide for the spouse’s “minimum reasonable needs”, AND one of the following:
(1) The recipient must be unable to earn sufficient income to provide for his or her minimum reasonable needs because of an incapacitating mental or physical disability;
(2) The marriage lasted for 10 years or longer and the recipient lacks the ability to earn sufficient income to provide for his or her minimum reasonable needs;
(3) The recipient is the custodian of a child of the marriage of any age who required substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs; OR
(4) The person ordered to pay support must have been convicted of or received deferred jurisdiction for an act of family violence during the pendency of the suit or within two years of the date the suit is filed.
Under the previous law, under most circumstances, the court could only order maintenance for a maximum of three years, regardless of the length of the marriage. Under the new law, the court can order maintenance to continue for:
(1) 5 years if the parties were married less than 10 years and the maintenance is awarded due to family violence;
(2) 5 years if the parties were married more than 10 years, but less than 20 years.
(3) 7 years if the parties were married more than 20 years, but less than 30 years;
(4) 10 years if the parties were married for more than 30 years.
In cases where the maintenance is awarded due to the mental or physical disability of the spouse or a child of the marriage, the court may order that the maintenance continue as long as the disability continues.
However, in all circumstances, the law provides that the Court shall order maintenance for the shortest reasonable period that allows the recipient to earn sufficient income to meet his or her reasonable needs.
If you are contemplating dissolving your marriage and have questions concerning your financial future, seek competent legal counsel to help you determine whether you could be eligible for spousal support under the expanded provisions of the new law.