Family Law Attorney Austin

Our Family Law Services

Ben Carrasco provides a comprehensive range of family law services to Austin spouses, parents, and family members in need of expert legal assistance.

Austin Divorce Attorney

A Texas divorce can be either contested or uncontested:

• Contested Divorce: Occurs when spouses disagree on key issues such as asset division, child custody, or spousal support, or when one spouse alleges fault (e.g., adultery or cruel treatment). Most contested divorces settle outside court through mediation or informal negotiations.
• Uncontested Divorce: Involves mutual agreement between spouses on all terms. Here, the attorney’s role is primarily drafting the final decree and any ancillary documents.

A “Community Property” State

Texas is a community property state, meaning assets and debts acquired during marriage are presumed jointly owned, regardless of whose “name” they’re in. This includes wages, retirement contributions, and real estate acquired during the marriage.

Separate property—like gifts, inheritances, or pre-marriage assets—must be proven through clear and convincing evidence.

Texas law does not mandate a “50-50” division of community assets. Courts divide community property in a “just and right” manner based on:

1. Fault in the breakup (ie, adultery, cruel treatment, abandonment, etc.)
2. Income disparity
3. Children’s needs
4. Future employability
5. Length of marriage
6. Waste or fraud
7. Size of separate estates

Because asset division hinges on a thorough investigation and valuation of each spouse’s respective assets and debts, professional legal assistance is essential to getting your fair share in a divorce. Ben Carrasco is equipped to help you smoothly navigate the complexities of a divorce in Austin.

Austin Child Custody & Visitation Lawyer

Child custody in Texas includes:

1. Conservatorship – relates to the rights and duties each parent will exercise with respect to the child
2. Possession and access – relates to the amount of time each parent will have physical possession of the child (the visitation schedule)
3. Child support – the amount of child support a parent will pay to the other parent

Courts are guided by the “best interest of the child” standard when determining conservatorship, possession, and support. The “best interest” analysis includes consideration of the following factors, referred to as the Holley factors from the Texas Supreme Court case Holley v. Adams: 

• The desires of the child–typically expressed by older children during an interview with the judge. 
• The emotional and physical needs of the child, now or in the future. 
• The potential for physical or emotional danger to the child (from a parent). 
• The parental abilities of each parent. 
• The plans of each parent for the child. 
• The stability of each parent’s home.
• Acts or omissions of a parent, which are actions or failures of a parent to act that could indicate they are not a suitable parent.

Most parents are appointed joint managing conservators, meaning major decisions (like medical care or education) must be made together under Texas Family Code §153.132. In high-conflict or abuse cases, courts may grant sole conservatorship to one parent.

Visitation

Visitation is separate from rights and duties. In most cases, the “nonprimary” or “noncustodial” parent is awarded an expanded standard possession schedule (ESPO), establishing a time split of roughly 44% for the “non-custodial” parent and 56% for the “primary” parent. Equal time (50/50) is not the default in Texas, but can be court-approved if both parents agree.

Need help enforcing or modifying custody orders? Contact the Law Office of Ben Carrasco.

Austin Child Support Lawyer

• 1 child: 20%
• 2 children: 25%
• 3 children: 30%
• 4 children: 35%–40%

As of now, these percentages apply to the first $9,200 of net income. Even if the obligor earns more, support over that cap is only ordered if the child’s proven needs justify it.

Net income includes all sources, minus deductions like taxes, union dues, and the child’s health insurance. Courts presume guideline support is fair, but in rare cases, it may be adjusted based on unique circumstances.

Texas law holds both parents financially responsible for a child’s needs, such as housing, education, medical care, and more. Failing to pay support can trigger harsh consequences, including wage garnishment, attorney’s fee judgments, professional license suspension, and even jail time.

If your income changes or you face enforcement, don’t go it alone. As a Stanford-educated, board-certified divorce attorney in Austin, Ben Carrasco has the skill and tenacity to secure a fair child support outcome or defend you against excessive demands.

Contact us today to protect your rights and your child’s future.

Austin Spousal Support Lawyer

1. The paying spouse was convicted of family violence in the past 2 years
2. The requesting spouse has a physical or mental disability
3. The couple was married 10+ years, and the requesting spouse can’t earn enough income
4. The spouse is the primary caregiver of a disabled child requiring full-time care

If you’re seeking support based on being married at least 10 years, the law presumes support is unwarranted unless the spouse has made efforts to become self-sufficient through employment or skills training.

Texas law caps monthly support at $5,000 or 20% of the paying spouse’s average monthly gross income, whichever is less. Duration depends on marriage length:

• 5 years for marriages of 10–20 years
• 7 years for 20–30 years
• 10 years for 30+ years
• No cap if based on disability or disabled child care

Ben Carrasco knows how to strategically pursue or defend spousal support claims under Texas law. Contact us to set up a consultation with the divorce attorney Austin families turn to for results.

Custody/Paternity Suits in Austin

A SAPCR creates a legally binding court order that addresses:

• Conservatorship – parental rights and duties
• Possession and access – visitation schedules
• Child support – financial obligations

If the biological father of a child didn’t sign an Acknowledgement of Paternity (AOP) at the hospital, simply being listed on the birth certificate is not enough to establish legal paternity. A SAPCR allows the court to order genetic testing, formally recognize paternity, and enforce your parental rights.

Whether you’re seeking custody, establishing paternity, or trying to enforce visitation, a SAPCR is the legal mechanism Texas courts use to resolve all parent-child issues for unmarried parents.

Ben Carrasco has successfully handled SAPCRs across Austin. If you need to establish or protect your parental rights, contact our office today.

Austin Family Law Order Modification Lawyer

Court orders can be modified under Texas law, but only in specific areas: conservatorship, possession and access, child support, and spousal support. However, spousal support can only be reduced—it cannot be increased post-divorce.

The division of marital property—homes, retirement accounts, businesses—cannot be changed once finalized.

To succeed in a modification suit, you must prove a “material and substantial change” in circumstances since the original order, and, for child-related changes, that the modification is in the child’s best interest. For example:

• A child 12 or older wants to live with the other parent

• A parent’s income significantly increases or decreases

• A parent relocates or becomes unable to fulfill parenting duties

Ben Carrasco will give you a blunt, strategic assessment of your chances and help you gather the necessary evidence to support your case.

Contact us if you’re seeking to modify an existing order. We’ll help you determine which changes are realistic, which are worth pursuing, and how to build the strongest case possible.

Enforcement of Court Orders

Ultimately, court orders are pieces of paper. If your ex-spouse or co-parent ignores a binding order—whether it’s for child support, property transfer, or visitation—you have legal options.

The proper response is a motion for enforcement, which asks the court to compel compliance. Common grounds include:

• Failure to pay child support

• Refusal to surrender awarded assets (e.g., vehicles, funds, retirement accounts)

• Denial of court-ordered visitation

Violating a court order can result in severe consequences, including contempt finding, wage garnishment, court-ordered payment of attorney’s fees, or even incarceration.

Whether your ex won’t sign required documents or simply vanishes when it’s time to follow through, we build a clear record of noncompliance and present a strong case for enforcement.

Ben Carrasco is board-certified in family law and knows how to leverage the court system to compel accountability. Don’t tolerate defiance of a court order.

Contact us to protect your rights and hold the other party accountable.

Austin High-Asset Divorce Attorney for Complex Cases

Cases involving substantial assets or high-conflict custody disputes pose unique challenges that require special care and expertise. If you or your spouse owns a business, holds stock options or RSUs, or claims separate property, your case likely requires forensic accounting, asset tracing, and custom legal language in the final decree to ensure proper division.

In custody battles, psychological evaluations or court-appointed custody evaluations may be necessary, especially if a parent’s mental health or behavior poses a potential risk to the child. These tools help the court make informed decisions about the child’s best interests.

These are not matters to entrust to a novice. Most of Ben’s clients are white collar professionals (or the spouses of such professionals); accordingly, he has extensive experience dealing with complex property claims and contentious custody battles and knows what experts to hire (and which to avoid).

Complex divorces often involve:

• Business valuations

• Real estate, investment, or international asset division

• Disputes over high-value, emotionally charged property

These aren’t cases for generalists. You need a strategic advocate who knows how to uncover hidden assets, challenge flawed valuations, and protect your interests. Trust no one other than Ben Carrasco to handle your case with tact and fortitude.

Domestic Violence & Protective Orders

Divorce involving domestic violence demands swift, strategic legal action. Whether you’re a survivor seeking protection or someone facing false accusations, your rights—and your future—are at stake.

If you’ve experienced family violence, you may be eligible for a protective order, which can bar your abuser from contacting you or your child. To strengthen your case, gather evidence such as:

• Medical records or photos of injuries

• Texts, emails, or threatening messages

• Police reports or witness statements

Ben Carrasco can help you secure court protection and pursue custody and property outcomes that reflect the seriousness of abuse.

Conversely, false allegations of abuse—often made during high-conflict custody disputes—can devastate your parental rights and reputation. We’ve successfully defended clients in these situations by compiling strong factual and expert-driven evidence to refute baseless claims.

Ben Carrasco draws from years of experience as a family lawyer in Austin to protect you, whether you’re seeking safety or defending against damaging accusations.

Contact us for a confidential consultation.

Get Help from a Trusted Austin Family Law Attorney

Ready to take the next steps toward legal action? Choose the Law Office of Ben Carrasco the family law attorney Austin depends on to handle cases with transparency, dignity, and expertise.