Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:

A court can order either parent of a child to pay support to the other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions. Harris and Galveston Counties usually require that a wage withholding order be entered.

In Texas child support is due and payable until the child reaches the age of 18 and graduates from high school, unless emancipated for other reasons.

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

Generally speaking the child support obligor will be required to pay 20% of his / her net resources per month for one child, 25% for two children, 30% for three children and 35% for four children.

If you were not the child’s parent, you should not be responsible to provide for the child's support, unless there was an adoption or you agreed to provide support in a marital agreement.

Unexpected, significant decreases in income can be a reason to request modification of your child support order. Consult a lawyer who will probably advise you to file a motion to ask the court to modify the amount of the child support owed in the future, explaining your major and unavoidable drop in your financial situation, that the income is not likely to be replaced soon, and why the change would be fair. Most courts are sympathetic and receptive to making necessary changes in child support when you have experienced a financial setback. Again, paying a lawyer to help can pay for itself dozens of times over.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Adoption:
Adoption is the legal process by which a person becomes a lawful member of a family different from their birth family.  Once a final order of adoption has been ruled by a court of law, the adoptive parents gain the same rights and responsibilities as parents whose children are born to them; subsequently, an adopted child gains the same rights as birth children in regard to inheritance, child support and other legal matters.  In most U.S. jurisdictions, at the time the adoption is finalized, the adopted child's name is legally changed and the court orders the issuance of a new, amended birth certificate.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or someone you know in Texas needs the assistance of an experienced Houston & Galveston Divorce Lawyer, call Dean & Ongert, PC today at 866-626-3189, or complete the contact form provided on this site to schedule your free consultation.

Professional Profiles

If you or someone you know in Texas needs the assistance of an experienced Houston & Galveston Divorce Lawyer, call Dean & Ongert, PC today at 866-626-3189, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Dean & Ongert, PC
16806 El Camino Real
Houston, TX 77058
Telephone: 866-626-3189
Fax: 281-480-0885

MEMBERS OF THE FIRM:

Kathy D. Ongert
Kathy D. Ongert, born August 26, 1960, in Muskegon Michigan; admitted to the State Bar of Texas in 1989. Also admitted to practice before the U.S. District Court, Southern District of Texas.

Preparatory Education:

• J.D. Degree 1988: South Texas College of Law, Houston, Texas.
• B.B.A. Degree, 1981: Western Michigan University, Calamus, Michigan.
• 1992: University of Houston, Clear Lake: Mediation.
• 1992: Settlement Consultants International, Inc., Family Mediation.
• Professional Membership: Houston Bar Association (Family Law Section).
• Galveston County Bar Association.
• Galveston County Family Law Bar Association.
• Galveston County Mediators' Association.

Firm Involvement:

Ms. Ongert founded the firm of Dean & Ongert, P.C. in 1990 and has been a partner of the firm since that time. Although initially practicing in a wide variety of civil areas of the law, including bankruptcy, contract law, civil litigation, collections, wills and probate, and other areas, her practice has somewhat narrowed in recent years. Now, Ms. Ongert primarily practices family law and areas of practice that are attendant thereto. Ms. Ongert has a strong commitment to family values and believes in zealously representing her clients, while keeping a focus on the needs and well-being of the families involved in the litigation process.

Personal Interests:

Away from the office, Ms. Ongert enjoys her personal time with family, golfing, and reading, believing that a good balance between business and personal life enriches and strengthen her ability to be her best to her clients and to herself.

Mediation Services:

As a mediator, Ms. Ongert serves the Galveston, Brazoria and Harris County Areas, with respect to family law, personal injury, real estate, and general civil cases.

Steven W. Ongerthttp://www.divorcelawyers-houston.com/images/steve.jpg
Steven W. Ongert, born August 9, 1945; admitted to the State Bar of Texas in 1989. Also admitted to practice before the U.S. District Court, Southern District of Texas.

Preparatory Education:

• J.D. Degree 1988: South Texas College of Law, Houston, Texas.
• B.A. in Business Administration 1972: Hastings College, Hastings, Nebraska.
• 1992: University of Houston, Clear Lake: Mediation.
• 1992: Settlement Consultants International, Inc., Family Mediation.
• College of the State Bar of Texas, Fellow.

Professional Membership:

• State Bar of Texas.
• State Bar of Texas, Family Law Section.
• Houston Bar Association, Family Law Section.
• Galveston County Bar Association.
• Galveston County Family Law Bar Association (Present 1993 and 1994).

Honors:

• Graduated with high distinction in Business Administration from Hastings College, Hastings, Nebraska.
• Dean's List at South Texas College of Law, Houston, Texas.
• American Jurisprudence Award in Advanced Marital Property, South Texas College of Law, Houston, Texas.

Firm Involvement:

Mr. Ongert joined the firm of Dean & Ongert, P.C. in 1991 as its managing partner. He has been a regular and constant fixture in the family courts in Harris and Galveston Counties, handing hundreds of contested family law cases. Mr. Ongert has extensive background in business and corporate matters, making him a valuable contributor in family law property cases, whether as lead counsel or as a mediator.

Mr. Ongert has a keen awareness of the adverse impact that divorce and custody can have on children and the family members. Although he works hard to represent his clients interests, he does it with integrity and helps his clients maintain focus on achieving informed solutions for the present and future, while minimizing the pain and conflicts of the past.

Mediation Services:

Mr. Ongert has served as a mediator in Galveston, Brazoria, and Harris Counties since 1992. His mediation style is creative and insightful, helping litigants fashion solutions to what otherwise would seem to be insurmountable obstacles. He mediates family law matters, personal injury cases, civil disputes, contract disputes, and claims brought in the J.P. courts.

Military Service:

Mr. Ongert served in the United States Air Force during the Viet Nam conflict, and he was honorably discharged in 1969.

Personal Interests:

Mr. Ongert enjoys playing golf and is an active member of the men's golf association at South Shore Harbor Country Club, in League City, Texas. Other leisure activities include fishing and traveling, as well as reading and collecting of antique fishing tackle.