In this engaging episode of El Paso Local Area Business Talk, we sit down with Abby from Laine Law Firm, PLLC, a leading family law attorney in El Paso, Texas, to dive deep into one of the most emotionally charged and complex areas of law: child custody, child support, and divorce.

👨‍👩‍👧 Divorce and the Children: Where Custody Begins
Abby emphasizes that when divorcing parents live together, it’s best to continue doing so—at least until temporary court orders are in place. Why? Because staying in the same household helps preserve access to the children and can support a future 50/50 custody claim. If one parent moves out too soon, they risk the court interpreting the other parent as the de facto primary caregiver.

Once the case begins, temporary orders—issued within a few weeks—establish rules about who has access to the children, preventing either parent from moving away or interfering with visitation.

📋 What Judges Consider in Custody Decisions
When it comes to child custody, Texas courts often default to the “extended standard possession order”—a visitation schedule where one parent (usually non-custodial) gets:

Every Thursday overnight

1st, 3rd, and 5th weekends of the month

This typically results in a 60/40 custody split. But judges will weigh several factors to determine whether this schedule is appropriate or needs adjustment:

Who is the primary caregiver?

Stability and safety of each parent’s home

Work schedules and availability

Mental health or substance abuse concerns

Interestingly, a stay-at-home parent often has an advantage over a parent working long hours—despite their financial contribution.

💰 50/50 Custody and Child Support: The Misconception
Many people believe that 50/50 custody eliminates the need for child support, but that’s not always true. Abby clarifies that courts may still require payments based on income disparities, even when custody is evenly split.

This is known as a support offset. For example:

If one parent’s calculated support is $1,000 and the other’s is $500, the higher-earning parent pays the difference: $500.

💼 How Is Child Support Calculated in Texas?
Child support in Texas is largely formulaic:

1 child = 20% of net income

2 children = 25%

3 children = 30%

Adjustments are made if the parent has other children from previous relationships.

There’s a hard cap at 50% of income for total child support obligations.

Abby highlights that courts aim to protect the child’s welfare, ensuring one parent isn’t left struggling while the other lives lavishly. The goal is fairness for both parents and consistency for the child.

📍 Geographic Restrictions & Court Jurisdiction
To prevent one parent from relocating and cutting the other out of the child’s life, courts may impose geographic restrictions—often limiting the child's residence to El Paso County.

If parents separate and one moves to another state, jurisdiction for filing the divorce or custody case depends on:

Where the child lived the last 6 months

Where the parties resided in the 6 months prior to filing

This ensures continuity and fairness when determining legal matters involving minors.

Areas Served by Laine Law Firm

Laine Law Firm proudly serves:

• El Paso County
• Horizon City
• Socorro
• Vinton
• And other surrounding areas within El Paso County

They do not typically serve Hudspeth County unless jurisdiction overlaps.

📞 Contact Laine Law Firm, PLLC

📍 Address: 700 N. Stanton, El Paso, TX
🌐 Website: www.lainelawfirm.com
📞 Phone: (915) 200-4316