Wednesday, October 7, 2009
Dallas Judge Clears Way for Gay Divorce
Back in March, I posted a story of a Dallas man who married his longtime partner in Massachusetts and later asked a Texas court to grant him a divorce. The Court refused to hear the case due to same-sex marriages not being recognized in Texas. Recently, however, Judge Tena Callahan, lifted the ban on gay divorce when she ruled last week that two men married in another state can get divorced in Dallas. While gay rights advocates are applauding Judge Callahan's decision, the state attorney general said Friday that he would appeal the decision.
Saturday, August 8, 2009
2009 Legislative Update
The 81st Legislative session resulted in many significant changes to the Texas Family Code. Thanks to the Legislative Committee of the Family Law Section of the State Bar, and the diligent efforts of the Texas Family Law Foundation, 8 of the 11 bills proposed by the Section passed!
The most notable changes to the Family Code include:
1. Certificate of Informal Marriage – House Bill 3666 amends section 2.204 of the Family Code by adding a provision for the preparation of a Certificate of Informal Marriage by the County Clerk. This means that people who are common law married will be able to obtain a certificate recognizing the validity of their marriage.
2. Waiving the 60 Day Waiting Period – HB 72 amends section 6.702 of the Family Code to allow a party to waive the mandatory 60 day waiting period required before a court may grant a divorce in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication) for an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.
3. New Chapter 34- Authorization Agreements for Non-Parents (SB 1598)- In short, this is a new statute that will allow parents to authorize a non-parent relative of a child to make certain decisions on behalf of the child. The non-parent relative must be a grandparent, adult sibling, or an adult aunt or uncle of the child. The agreement (which can be revoked at any time) will allow the non-parent to consent to medical, dental, psychological, and surgical treatment of the child, obtain insurance coverage for the child, and enroll the child in school or daycare (in the district where the non-parent resides). This agreement can be entered into by only one parent as long as the other parent receives written notice by mail at least 10 days before it’s signed. However, if the child is under the continuing jurisdiction of a court, the court must pre-approve the agreement.
4. Sibling Access – HB 1012 amends section 153.551(b) of the Family Code to give siblings (who were separated from the child by the Department of Family and Protective Services) the right to file a lawsuit to seek access to the child.
5. New Court in Harris County – Harris County will receive a new Domestic Violence Court to be headed by Judge Tony Lindsey. This court will be located in the Civil Courts Building and will hear all Protective Order matters not associated with a divorce filing.
Failed Bill - If you don’t appreciate the efforts of the Texas Family Law Foundation by now, you may find it interesting to know that HB 480 did not pass. This bill, which was highly opposed by the Foundation, would have required every Petitioner to take a 10 hour “Crises Marriage Education Course” before filing for divorce and suggested that Respondent’s do the same! Failure to take the course could have been considered by the court in dividing property, awarding custody (!), awarding spousal maintenance, and in determining whether to vary from the child support guidelines!
All changes will be effective September 1, 2009 and will apply to every case filed from that date forward. Cases filed before September 1, 2009 will not be affected by these changes.
The most notable changes to the Family Code include:
1. Certificate of Informal Marriage – House Bill 3666 amends section 2.204 of the Family Code by adding a provision for the preparation of a Certificate of Informal Marriage by the County Clerk. This means that people who are common law married will be able to obtain a certificate recognizing the validity of their marriage.
2. Waiving the 60 Day Waiting Period – HB 72 amends section 6.702 of the Family Code to allow a party to waive the mandatory 60 day waiting period required before a court may grant a divorce in a case where the court finds that:
a. the Respondent has been finally convicted of (or received deferred adjudication) for an offense involving family violence against the Petitioner or a member of Petitioner’s household, or
b. the Petitioner has an active Protective Order under Title IV or an active magistrate’s order for emergency protection against the Respondent as a result of family violence committed during the marriage.
3. New Chapter 34- Authorization Agreements for Non-Parents (SB 1598)- In short, this is a new statute that will allow parents to authorize a non-parent relative of a child to make certain decisions on behalf of the child. The non-parent relative must be a grandparent, adult sibling, or an adult aunt or uncle of the child. The agreement (which can be revoked at any time) will allow the non-parent to consent to medical, dental, psychological, and surgical treatment of the child, obtain insurance coverage for the child, and enroll the child in school or daycare (in the district where the non-parent resides). This agreement can be entered into by only one parent as long as the other parent receives written notice by mail at least 10 days before it’s signed. However, if the child is under the continuing jurisdiction of a court, the court must pre-approve the agreement.
4. Sibling Access – HB 1012 amends section 153.551(b) of the Family Code to give siblings (who were separated from the child by the Department of Family and Protective Services) the right to file a lawsuit to seek access to the child.
5. New Court in Harris County – Harris County will receive a new Domestic Violence Court to be headed by Judge Tony Lindsey. This court will be located in the Civil Courts Building and will hear all Protective Order matters not associated with a divorce filing.
Failed Bill - If you don’t appreciate the efforts of the Texas Family Law Foundation by now, you may find it interesting to know that HB 480 did not pass. This bill, which was highly opposed by the Foundation, would have required every Petitioner to take a 10 hour “Crises Marriage Education Course” before filing for divorce and suggested that Respondent’s do the same! Failure to take the course could have been considered by the court in dividing property, awarding custody (!), awarding spousal maintenance, and in determining whether to vary from the child support guidelines!
All changes will be effective September 1, 2009 and will apply to every case filed from that date forward. Cases filed before September 1, 2009 will not be affected by these changes.
Thursday, July 23, 2009
Understanding Standard Visitation
The purpose of the Standard Possession Order (SPO) is to ensure that children have frequent and continuing contact with parents or other conservators who have shown that they are able to act in the child's best interest. The visitation schedule outlined in the Texas Family Code has been found to be in the best interest of the child as it encourages parents to share in the rights and duties of raising their child after the parents have separated or divorced.
It’s important to note that the SPO does not apply to children under 3 years of age. In those instances, the Court may customize a more appropriate visitation schedule which often includes a “stair-step” type of visitation in which periods of possession are gradually increased over time.
It’s also important to note that standard visitation is not an arrangement of “every other weekend.” Under the SPO, the non-custodial parent (possessory conservator) will have possession of the child(ren) on the first, third, and fifth weekends of each month. This means that on months with 5 weekends (for example, this month), the non-custodial parent will have visitation two weekends in a row—the fifth weekend of July and the first weekend in August! Under an arrangement of “every other weekend,” this would never happen.
Keep in mind that the SPO is in place only for those instances in which the parents or conservators can not agree on visitation. Parents and conservators are ALWAYS free to mutually agree on any visitation arrangement that works for them and the child(ren).
However, absent mutual agreement, possessory conservators (who reside 100 miles or less from the child) will have the following visitation under the SPO:
Weekend Visits – On the first, third and fifth weekends of each month beginning at the time the child is dismissed from school (or at 6:00 pm) on Friday and ending at 6:00 pm on the following Sunday, or when school resumes on Monday.
Weekday Visits – EVERY Thursday beginning at 6:00 pm and ending at 8:00 pm or when school resumes Friday morning. This allows parents to have the child overnight once a week.
Christmas – In even-numbered years from 6:00 p.m. on the day school is dismissed for the holiday to 12:00 noon on December 28. In odd-numbered years from 12:00 noon on December 28 to 6:00 p.m. on the day before school resumes.
Thanksgiving – In odd-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday after Thanksgiving. (The conservator who has the right to determine the primary residence of the child will have the child on Thanksgiving in even numbered years).
Spring Break – In even-numbered years from 6:00 p.m. on the day school is dismissed to 6:00 p.m. on the Sunday before school resumes. (The conservator who has the right to determine the primary residence of the child will have the child for Spring Break in odd numbered years).
Child’s Birthday – On the child’s birthday from 6:00 p.m. to 8:00 p.m. For example, if the child’s birthday falls during your weekend or holiday visitation period, the other parent will still have the option of seeing the child from 6:00 p.m. – 8:00 p.m.
Father’s or Mother’s Day – from 6:00 p.m. on the Friday prior to Father’s Day or Mother’s Day to 6:00 p.m. on that day (Sunday).
Summer Visitation – If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty (30) days beginning the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation. This can be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each. ***Under this option, the possessory conservator picks the 30 days, which can be broken down into 2 separate periods of at least 7 days each. For example, the possessory conservator could choose June 3-12 and July 3-22. Written notice MUST be given!
It’s important to note that the SPO does not apply to children under 3 years of age. In those instances, the Court may customize a more appropriate visitation schedule which often includes a “stair-step” type of visitation in which periods of possession are gradually increased over time.
It’s also important to note that standard visitation is not an arrangement of “every other weekend.” Under the SPO, the non-custodial parent (possessory conservator) will have possession of the child(ren) on the first, third, and fifth weekends of each month. This means that on months with 5 weekends (for example, this month), the non-custodial parent will have visitation two weekends in a row—the fifth weekend of July and the first weekend in August! Under an arrangement of “every other weekend,” this would never happen.
Keep in mind that the SPO is in place only for those instances in which the parents or conservators can not agree on visitation. Parents and conservators are ALWAYS free to mutually agree on any visitation arrangement that works for them and the child(ren).
However, absent mutual agreement, possessory conservators (who reside 100 miles or less from the child) will have the following visitation under the SPO:
Weekend Visits – On the first, third and fifth weekends of each month beginning at the time the child is dismissed from school (or at 6:00 pm) on Friday and ending at 6:00 pm on the following Sunday, or when school resumes on Monday.
Weekday Visits – EVERY Thursday beginning at 6:00 pm and ending at 8:00 pm or when school resumes Friday morning. This allows parents to have the child overnight once a week.
Christmas – In even-numbered years from 6:00 p.m. on the day school is dismissed for the holiday to 12:00 noon on December 28. In odd-numbered years from 12:00 noon on December 28 to 6:00 p.m. on the day before school resumes.
Thanksgiving – In odd-numbered years from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday after Thanksgiving. (The conservator who has the right to determine the primary residence of the child will have the child on Thanksgiving in even numbered years).
Spring Break – In even-numbered years from 6:00 p.m. on the day school is dismissed to 6:00 p.m. on the Sunday before school resumes. (The conservator who has the right to determine the primary residence of the child will have the child for Spring Break in odd numbered years).
Child’s Birthday – On the child’s birthday from 6:00 p.m. to 8:00 p.m. For example, if the child’s birthday falls during your weekend or holiday visitation period, the other parent will still have the option of seeing the child from 6:00 p.m. – 8:00 p.m.
Father’s or Mother’s Day – from 6:00 p.m. on the Friday prior to Father’s Day or Mother’s Day to 6:00 p.m. on that day (Sunday).
Summer Visitation – If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for thirty (30) days beginning the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation. This can be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each. ***Under this option, the possessory conservator picks the 30 days, which can be broken down into 2 separate periods of at least 7 days each. For example, the possessory conservator could choose June 3-12 and July 3-22. Written notice MUST be given!
* If the possessory conservator does not give the managing conservator written notice by April 1 of each year, the possessory conservator shall have possession of the child for thirty (30) consecutive days beginning at 6:00 o'clock p.m. on July 1 and ending at 6:00 o'clock p.m. on July 31.
Parents or conservators who live greater than 100 miles from the children will have the following visitaiton:
Weekend Visits – Either as provided above, or by designating one weekend per month upon 7 day’s notice (either by written or telephone notice).
Christmas – same as above.
Thanksgiving – same as above.
Spring Break – EVERY year from 6:00 p.m. on the day when school lets out to 6:00 p.m. on the Sunday before school begins.
Child’s Birthday – same as above.
Father’s or Mother’s Day – same as above.
Summer Visitation – If the possessory conservator gives the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 days beginning not earlier than the day after the child's school is dismissed for the summer vacation and ending not later than seven (7) days before school resumes at the end of the summer vacation, to be exercised in not more than two (2) separate periods of at least seven (7) consecutive days each. *** Under this option, you pick the 42 days, which can be broken down into 2 separate periods of at least 7 days each.
* If the possessory conservator does not give the managing conservator written notice by April 1 of each year specifying an extended period or periods of summer possession, the possessory conservator shall have possession of the child for 42 consecutive days beginning at 6:00 o'clock p.m. on June 15 and ending at 6:00 o'clock p.m. on July 27.Monday, May 4, 2009
Texas Tracks Down Child Support Evaders
Owing a whopping $521,000, a Conroe pipe fitter, an insurance agent, two moms and a waiter with a pierced tongue all secured spots on Texas’ 2009 top 10 deadbeat-parents list. (Click here to view the list http://www.oag.state.tx.us/oagNews/release.php?id=2960) Texas Attorney General Greg Abbott is seeking the public’s help in bringing these accused child support evaders to justice.
According to Greg Abbott, all of them have skipped court-ordered child support payments for at least six months and have had warrants issued for their arrests. Two of the parents are thought to have left the state, but the rest are believed still to be in Texas, some in the Greater Houston area.
In recent years, Texas has achieved notable success in ensuring that non-custodial parents pay court-ordered child support. In the last fiscal year, ending in August, $2.6 million in child support payments were recovered. In 2007, the National Child Support Enforcement Association named Texas the nation’s leader.
Parents have a legal and ethical obligation to support their children. Child support laws ensure that both parents will share in these responsibilities. Child support is determined by the obligor’s (person paying support) net income and the number of children he or she has. For example, if the obligor has one child, support will be based on 20% of his or her net income. If there are two children, it jumps to 25%.
Failure to pay court ordered child support payments can (and usually will) lead to the obligor being held in contempt of court, fined, and incarcerated. If for some reason you are unable to pay your court-ordered support, pay as much as you can and immediately seek a modification to lower your payments. I often have clients come to me after several months, if not years, of not paying court ordered support. Do not wait this long! If you are unemployed, making less money, suddenly disabled, or have more children to support, a modification is the only way to protect yourself against a contempt action.
While I understand that not all non-paying parents are “dead-beats,” in my experience, that fact won’t matter much in court. All the custodial parent has to do is prove that you didn’t pay as ordered. It will then be up to you to prove that you were not able to make the payments or borrow the money. That is often hard to do, especially considering the fact that you’ve retained an attorney! Where did that money come from? If you are unemployed, you still must pay support. In those cases, the law will assume you earn minimum wage and calculate your support based on that amount.
It is the opinion of most judges that child support should be paid first—before any other bills! (Yes, even before your rent/mortgage payment). Children come first in family court and children have a right to receive child support. Not paying is not an option.
For more information on Texas Child Support laws, click here.
According to Greg Abbott, all of them have skipped court-ordered child support payments for at least six months and have had warrants issued for their arrests. Two of the parents are thought to have left the state, but the rest are believed still to be in Texas, some in the Greater Houston area.
In recent years, Texas has achieved notable success in ensuring that non-custodial parents pay court-ordered child support. In the last fiscal year, ending in August, $2.6 million in child support payments were recovered. In 2007, the National Child Support Enforcement Association named Texas the nation’s leader.
Parents have a legal and ethical obligation to support their children. Child support laws ensure that both parents will share in these responsibilities. Child support is determined by the obligor’s (person paying support) net income and the number of children he or she has. For example, if the obligor has one child, support will be based on 20% of his or her net income. If there are two children, it jumps to 25%.
Failure to pay court ordered child support payments can (and usually will) lead to the obligor being held in contempt of court, fined, and incarcerated. If for some reason you are unable to pay your court-ordered support, pay as much as you can and immediately seek a modification to lower your payments. I often have clients come to me after several months, if not years, of not paying court ordered support. Do not wait this long! If you are unemployed, making less money, suddenly disabled, or have more children to support, a modification is the only way to protect yourself against a contempt action.
While I understand that not all non-paying parents are “dead-beats,” in my experience, that fact won’t matter much in court. All the custodial parent has to do is prove that you didn’t pay as ordered. It will then be up to you to prove that you were not able to make the payments or borrow the money. That is often hard to do, especially considering the fact that you’ve retained an attorney! Where did that money come from? If you are unemployed, you still must pay support. In those cases, the law will assume you earn minimum wage and calculate your support based on that amount.
It is the opinion of most judges that child support should be paid first—before any other bills! (Yes, even before your rent/mortgage payment). Children come first in family court and children have a right to receive child support. Not paying is not an option.
For more information on Texas Child Support laws, click here.
Tuesday, April 14, 2009
Legal Clinic - Hosted by Fort Bend Lawyers Care
FBLC will host a walk-in legal clinic in Sugar Land, at the St. Laurence Catholic Church, in the Parish Hall on April 25, 2009 between 9:00 A.M. and 1:00 P.M.
The St. Laurence Catholic Church is located at 3100 Sweetwater Blvd., Sugar Land, TX 77479.
The clinic will be open to all low income citizens of Fort Bend County with civil legal issues including; Divorce/Custody, Guardianship, Adoption, Kincare, Real Estate, Bankruptcy, Credit Issues, Immigration, Wills, and Probate.
The St. Laurence Catholic Church is located at 3100 Sweetwater Blvd., Sugar Land, TX 77479.
The clinic will be open to all low income citizens of Fort Bend County with civil legal issues including; Divorce/Custody, Guardianship, Adoption, Kincare, Real Estate, Bankruptcy, Credit Issues, Immigration, Wills, and Probate.
Saturday, March 21, 2009
ABC’s of Family Court
The following is a list of common terminology often used in family court:
ADR – Alternative Dispute Resolution (for example, mediation or arbitration).
Affidavit – A sworn written statement.
Amicus Attorney – An Attorney appointed by the court to represent the best interest of the child.
Arrearage – Money that was court ordered to be paid and is overdue and unpaid.
Attorney Ad Litem – An Attorney appointed by the court to represent the wishes of the child as he would for an adult client. The rules of confidentiality and undivided loyalty apply.
Binding Agreement – An agreement between the parties that is signed by both of them, and is often also filed with the court. It is enforceable as a contract and the Judge may decide to make the agreement enforceable as a court order.
Child Support – Money paid by a parent to help the other parent support the child.
Collaborative Law – A method of alternative dispute resolution where all parties agree to resolve their disagreements without going to court. Each person hires his or her own attorney and everyone works together in a series of meetings to reach an agreement.
Community Property – Property owned by either party during the marriage.
Community Debt – Debts that occurred during the marriage.
Conservatorship – A court order deciding where a child will live and the rights each parent will have to make decisions regarding the child. Also known as “custody.”
Court Clerk – The person who works for the Judge assigned to your case. He/she receives court papers and assigns hearing dates.
Court Reporter – Types and/or records a record of everything said during a court hearing. The court reporter will prepare a written record if requested for a fee.
Custodial Parent (Sole or Joint Managing Conservator) – The parent who has the legal right to determine the primary residence of the child.
Decree – Also known as Final Decree of Divorce. The legal document signed by the Judge that grants the divorce and describes the specific terms of the divorce.
District Clerk – Maintains the official court records for the county. The district clerk’s office receives all court papers and keeps the divorce files.
Divorce – The legal end of the marriage relationship.
Employer’s Order to Withhold – A court order to deduct child support payments from someone’s employment wages. All child support court orders must include an Employer’s Order to Withhold.
Evidence – Proof given to the court.
Filing – Giving the district clerk your legal papers.
Guardian Ad Litem – A person appointed by the court to represent the best interests of a child.
Insupportability – The most common reason given for a no-fault divorce.
Joint Managing Conservatorship – Also known as Joint Custody. A court order stating both parents have equal rights and duties to make decisions regarding the child.
Affidavit – A sworn written statement.
Amicus Attorney – An Attorney appointed by the court to represent the best interest of the child.
Arrearage – Money that was court ordered to be paid and is overdue and unpaid.
Attorney Ad Litem – An Attorney appointed by the court to represent the wishes of the child as he would for an adult client. The rules of confidentiality and undivided loyalty apply.
Binding Agreement – An agreement between the parties that is signed by both of them, and is often also filed with the court. It is enforceable as a contract and the Judge may decide to make the agreement enforceable as a court order.
Child Support – Money paid by a parent to help the other parent support the child.
Collaborative Law – A method of alternative dispute resolution where all parties agree to resolve their disagreements without going to court. Each person hires his or her own attorney and everyone works together in a series of meetings to reach an agreement.
Community Property – Property owned by either party during the marriage.
Community Debt – Debts that occurred during the marriage.
Conservatorship – A court order deciding where a child will live and the rights each parent will have to make decisions regarding the child. Also known as “custody.”
Court Clerk – The person who works for the Judge assigned to your case. He/she receives court papers and assigns hearing dates.
Court Reporter – Types and/or records a record of everything said during a court hearing. The court reporter will prepare a written record if requested for a fee.
Custodial Parent (Sole or Joint Managing Conservator) – The parent who has the legal right to determine the primary residence of the child.
Decree – Also known as Final Decree of Divorce. The legal document signed by the Judge that grants the divorce and describes the specific terms of the divorce.
District Clerk – Maintains the official court records for the county. The district clerk’s office receives all court papers and keeps the divorce files.
Divorce – The legal end of the marriage relationship.
Employer’s Order to Withhold – A court order to deduct child support payments from someone’s employment wages. All child support court orders must include an Employer’s Order to Withhold.
Evidence – Proof given to the court.
Filing – Giving the district clerk your legal papers.
Guardian Ad Litem – A person appointed by the court to represent the best interests of a child.
Insupportability – The most common reason given for a no-fault divorce.
Joint Managing Conservatorship – Also known as Joint Custody. A court order stating both parents have equal rights and duties to make decisions regarding the child.
Judge – The person who hears and makes the final legal decision in your divorce.
Managing Conservator – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Primary Conservator or Primary Joint Managing Conservator.
Mediation – A process to help the parties reach an agreement.
Mediator – A neutral person who helps the parties reach an agreement.
Negotiations – An attempt to reach an agreement.
No Fault Divorce – The most common type of divorce, where no one needs to prove that the husband or wife caused the marriage to end.
Non-binding – A process where no specific result is forced on the parties. There is no penalty if the parties are unable to come to an agreement.
Non-custodial Parent – Also known as the Possessory Conservator. The parent that does not have the legal right to determine the primary residence of the child.
Obligor – The parent who is court ordered to pay child support.
Obligee – The parent who receives child support on behalf of the child.
Parties – The individuals on each side of a case. For example, the husband and wife, or mother and father, and the children.
Paternity – A court finding that a certain person is legally the father of the child.
Petition – A legal paper that starts your case and tells the court and the other party what you want.
Petitioner – The person who files the divorce or suit.
Possession Order – Also known as “visitation” or “access.” A court order stating the specific days and times a noncustodial parent may spend time with the child.
Possessory Conservator – Also known as the non-custodial parent. The parent who does not have the legal right to determine the primary residence of the child.
Primary Conservator – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Managing Conservator or Primary Joint Managing Conservator.
Process Server – A person approved by the court who gives official legal notice to another person by giving him/her an official copy of a court document.
Pro Se – Representing yourself without an attorney.
Prove Up – The process of finalizing your case in front of the Judge at an uncontested court hearing. At the prove up, one or both of the parties recite the required information to the court. The Judge then has the discretion to approve the terms, grant the divorce or agreement and/or make any other orders the Judge believes are appropriate.
Psychological Evaluation – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a licensed psychologist who will provide a written report to the court.
Psychiatric Evaluation – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a psychiatrist who will provide a written report to the court.
QDRO – Qualified Domestic Relations Order – A qualified domestic relations order is an order that needs to be included in a divorce agreement when dealing with pension funds. The QDRO establishes your soon-to-be-ex-spouse's legal right to receive a designated percentage of your qualified plan account balance or benefit payments. In effect, your ex becomes a co-beneficiary of your existing qualified plan pension account.
Managing Conservator – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Primary Conservator or Primary Joint Managing Conservator.
Mediation – A process to help the parties reach an agreement.
Mediator – A neutral person who helps the parties reach an agreement.
Negotiations – An attempt to reach an agreement.
No Fault Divorce – The most common type of divorce, where no one needs to prove that the husband or wife caused the marriage to end.
Non-binding – A process where no specific result is forced on the parties. There is no penalty if the parties are unable to come to an agreement.
Non-custodial Parent – Also known as the Possessory Conservator. The parent that does not have the legal right to determine the primary residence of the child.
Obligor – The parent who is court ordered to pay child support.
Obligee – The parent who receives child support on behalf of the child.
Parties – The individuals on each side of a case. For example, the husband and wife, or mother and father, and the children.
Paternity – A court finding that a certain person is legally the father of the child.
Petition – A legal paper that starts your case and tells the court and the other party what you want.
Petitioner – The person who files the divorce or suit.
Possession Order – Also known as “visitation” or “access.” A court order stating the specific days and times a noncustodial parent may spend time with the child.
Possessory Conservator – Also known as the non-custodial parent. The parent who does not have the legal right to determine the primary residence of the child.
Primary Conservator – The parent who has the legal right to determine the primary residence of the child. Also known as Custodial Parent, Managing Conservator or Primary Joint Managing Conservator.
Process Server – A person approved by the court who gives official legal notice to another person by giving him/her an official copy of a court document.
Pro Se – Representing yourself without an attorney.
Prove Up – The process of finalizing your case in front of the Judge at an uncontested court hearing. At the prove up, one or both of the parties recite the required information to the court. The Judge then has the discretion to approve the terms, grant the divorce or agreement and/or make any other orders the Judge believes are appropriate.
Psychological Evaluation – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a licensed psychologist who will provide a written report to the court.
Psychiatric Evaluation – A court ordered evaluation of a person involved in the lawsuit. The evaluation is conducted by a psychiatrist who will provide a written report to the court.
QDRO – Qualified Domestic Relations Order – A qualified domestic relations order is an order that needs to be included in a divorce agreement when dealing with pension funds. The QDRO establishes your soon-to-be-ex-spouse's legal right to receive a designated percentage of your qualified plan account balance or benefit payments. In effect, your ex becomes a co-beneficiary of your existing qualified plan pension account.
Respondent – The party who is sued. In a divorce, the spouse of the person who filed.
Retroactive Child Support – Child support that was not previously ordered, but should have been paid at a time after the child was born and the parties were separated.
Return – Also called a Sheriff ’s Return. An affidavit signed by a sheriff or official process server stating the date and time he provided legal notice to the other party, or the reason as to why he was unable to provide legal notice to the other party. The return is filed with the Court.
Separate Property – Property that a spouse owned prior to the marriage, or property that was given to the spouse as a gift or inheritance.
Service – The legal method for giving the other party a copy of the petition.
Settlement – An agreement reached between the parties.
Social Study – A court ordered investigation of the circumstances and home life of the parents and the child. The social study is usually conducted by a social worker.
Sole Managing Conservatorship – Also known as sole custody. A court order stating one parent has more rights and duties regarding the child than the other parent.
Spousal Maintenance – Also called “spousal support” or “alimony.” Money a court requires one spouse to pay to the other spouse for support during and/or after the divorce is granted.
Standard Possession Order (SPO) – A specific possession (visitation) schedule designed by the Texas Legislature and found to be in the best interest of the child in most circumstances.
Temporary Orders – Court orders during the pendency of a divorce. Temporary orders may address any issues that need to be dealt with while a divorce is pending, such as custody, visitation, child support, use of property and responsibility to pay debt.
Temporary Mutual Injunction – Also known as a Mutual Injunction. A common order contained in Temporary Orders in a divorce that prohibits the parties from destroying or transferring any community property, incurring further debts, and from any type of harassment to the other party or the child.
Temporary Restraining Order – Also known as a TRO. A common order at the beginning of a divorce that prohibits the other spouse from doing anything to transfer or destroy the property of the marriage or to cause harassment to the other spouse or the child.
Waiver of Service – A legal document, signed by the Respondent in the presence of a notary, that states he/she accepts legal notice of the Petition without an official process server or sheriff or constable giving it to him/her. The waiver of service may also have other legal consequences depending on what is stated in the waiver.
Retroactive Child Support – Child support that was not previously ordered, but should have been paid at a time after the child was born and the parties were separated.
Return – Also called a Sheriff ’s Return. An affidavit signed by a sheriff or official process server stating the date and time he provided legal notice to the other party, or the reason as to why he was unable to provide legal notice to the other party. The return is filed with the Court.
Separate Property – Property that a spouse owned prior to the marriage, or property that was given to the spouse as a gift or inheritance.
Service – The legal method for giving the other party a copy of the petition.
Settlement – An agreement reached between the parties.
Social Study – A court ordered investigation of the circumstances and home life of the parents and the child. The social study is usually conducted by a social worker.
Sole Managing Conservatorship – Also known as sole custody. A court order stating one parent has more rights and duties regarding the child than the other parent.
Spousal Maintenance – Also called “spousal support” or “alimony.” Money a court requires one spouse to pay to the other spouse for support during and/or after the divorce is granted.
Standard Possession Order (SPO) – A specific possession (visitation) schedule designed by the Texas Legislature and found to be in the best interest of the child in most circumstances.
Temporary Orders – Court orders during the pendency of a divorce. Temporary orders may address any issues that need to be dealt with while a divorce is pending, such as custody, visitation, child support, use of property and responsibility to pay debt.
Temporary Mutual Injunction – Also known as a Mutual Injunction. A common order contained in Temporary Orders in a divorce that prohibits the parties from destroying or transferring any community property, incurring further debts, and from any type of harassment to the other party or the child.
Temporary Restraining Order – Also known as a TRO. A common order at the beginning of a divorce that prohibits the other spouse from doing anything to transfer or destroy the property of the marriage or to cause harassment to the other spouse or the child.
Waiver of Service – A legal document, signed by the Respondent in the presence of a notary, that states he/she accepts legal notice of the Petition without an official process server or sheriff or constable giving it to him/her. The waiver of service may also have other legal consequences depending on what is stated in the waiver.
Tuesday, March 17, 2009
Our Family Wizard – Taking the Stress Out of Communication and Planning
When a relationship involving children ends, it is often difficult (and sometimes impossible) to keep the lines of communication open. You said soccer practice was at 3:00, he thought you said 4:30. You said you were picking the kids up Friday night, she forgot and took them to the movies instead.
OurFamilyWizard.Com is designed to reduce, if not eliminate, the stress that often arises due to breakdowns in communication between parents who live in separate households.
For a small fee, parents can keep an online calendar (that the other parent can access 24 hours a day, 7 days a week) of extracurricular activities, appointments, school information, expenses, medical information, visitation periods, etc.
This site is a great tool that makes co-parenting easier and a lot less stressful. For more information, log onto http://www.ourfamilywizard.com/
OFW News : 07/01/2008 – “One of the greatest benefits to using the OurFamilyWizard website is the ability to help control the amount of "he said/she said". The OurFamilyWizard website allows parents to keep very accurate records of what was said and when it was said. In most cases, especially high conflict cases, the chronology of events is just as important as the events themselves.”
OurFamilyWizard.Com is designed to reduce, if not eliminate, the stress that often arises due to breakdowns in communication between parents who live in separate households.
For a small fee, parents can keep an online calendar (that the other parent can access 24 hours a day, 7 days a week) of extracurricular activities, appointments, school information, expenses, medical information, visitation periods, etc.
This site is a great tool that makes co-parenting easier and a lot less stressful. For more information, log onto http://www.ourfamilywizard.com/
OFW News : 07/01/2008 – “One of the greatest benefits to using the OurFamilyWizard website is the ability to help control the amount of "he said/she said". The OurFamilyWizard website allows parents to keep very accurate records of what was said and when it was said. In most cases, especially high conflict cases, the chronology of events is just as important as the events themselves.”
Sunday, March 1, 2009
Texas Court Blocks Same Sex Divorce
(Jan. 2009) A Dallas man who married his longtime partner in Massachusetts asked a Texas court to grant him a divorce. The Court refused to hear the case. While same-sex marriage is not recognized in Texas, it is legal in several other states.
The couple married in Massachusetts in 2006 and have resided in Dallas ever since. Attorney General Greg Abbott said that since Texas law prohibits same-sex marriages and civil unions, the men could not be divorced in Texas since their union is not recognized to exist in Texas.
Peter Schulte, who represents the unnamed plaintiff, said he plans to argue that the U.S. Constitution dictates that states recognize contracts from other states. According to Schulte, the couple could be legally divorced in Massachusetts but only after establishing residency. Schulte maintains that even though his client was married out of state, he shouldn't be treated any different than anyone else seeking a divorce.
While this case is a first for Texas, it is not the first nationwide. A gay couple seeing a divorce in Rhode Island were denied for the same reason as Schulte’s client. Another gay couple seeking a divorce in Iowa were successful in their dissolution.
The couple married in Massachusetts in 2006 and have resided in Dallas ever since. Attorney General Greg Abbott said that since Texas law prohibits same-sex marriages and civil unions, the men could not be divorced in Texas since their union is not recognized to exist in Texas.
Peter Schulte, who represents the unnamed plaintiff, said he plans to argue that the U.S. Constitution dictates that states recognize contracts from other states. According to Schulte, the couple could be legally divorced in Massachusetts but only after establishing residency. Schulte maintains that even though his client was married out of state, he shouldn't be treated any different than anyone else seeking a divorce.
While this case is a first for Texas, it is not the first nationwide. A gay couple seeing a divorce in Rhode Island were denied for the same reason as Schulte’s client. Another gay couple seeking a divorce in Iowa were successful in their dissolution.
Thursday, February 26, 2009
HBA Sponsors Free Legal Clinics for Veterans: February 28, 2009
As part of its Veterans' Legal Initiative, the Houston Bar Association will hold two free legal advice clinics for veterans on Saturday, February 28, from 9:00 a.m. until noon. One clinic will be held at VFW Post 8790 at 1560 Foley Street (77055) and another at American Legion Post 560 at 3720 Alba Road (77018).
If you know a veteran or the spouse of a deceased veteran who could benefit from the legal clinics, please encourage them to attend one of the locations. More than 20 attorneys, as well as support staff, have volunteered to staff each clinic. Each site will have family law, probate, and disability specialists.
For more information, visit the HBA Web site, http://www.hba.org/.
If you know a veteran or the spouse of a deceased veteran who could benefit from the legal clinics, please encourage them to attend one of the locations. More than 20 attorneys, as well as support staff, have volunteered to staff each clinic. Each site will have family law, probate, and disability specialists.
For more information, visit the HBA Web site, http://www.hba.org/.
Monday, February 16, 2009
“In this world nothing can be said to be certain, except death and taxes.”- Benjamin Franklin
For some, tax season has come and gone. For many others, it’s only just begun. Many are anxiously anticipating refunds, while others are dreading the April 15th deadline.
This time of year, I often receive phone calls regarding filing status and exemptions. While I do not offer tax advice, I strongly encourage clients to consult with a CPA or tax attorney regarding what would be best for them.
Additionally, the IRS has published a guide for Divorced or Separated Individuals. This useful guide explains tax rules that apply if you are divorced or separated, including, selecting your filing status, deciding which exemptions to claim, alimony, child support, property settlements, and deducting the costs of divorce.
Though published for use in preparing 2007 returns, this guide will offer valuable, time saving (and hopefully money-saving) information that will assist you with your 2008 returns as well.
This time of year, I often receive phone calls regarding filing status and exemptions. While I do not offer tax advice, I strongly encourage clients to consult with a CPA or tax attorney regarding what would be best for them.
Additionally, the IRS has published a guide for Divorced or Separated Individuals. This useful guide explains tax rules that apply if you are divorced or separated, including, selecting your filing status, deciding which exemptions to claim, alimony, child support, property settlements, and deducting the costs of divorce.
Though published for use in preparing 2007 returns, this guide will offer valuable, time saving (and hopefully money-saving) information that will assist you with your 2008 returns as well.
Friday, January 23, 2009
FREE LEGAL CLINIC
FREE LEGAL CLINIC
Sponsored by Fort Bend Lawyers CARE*
Sponsored by Fort Bend Lawyers CARE*
WHEN: January 31, 2009
8:30 to 11:30 a.m.
WHERE: Sugar Land Community Center
The Red Room
226 Matlage Way, Sugar Land, TX 77478
WHO SHOULD ATTEND? All low-income Fort Bend County Residents seeking civil legal advice
Not sure if you qualify? Call 281-239-0015 for a pre-screening
Monday, January 12, 2009
BEWARE! *72 Collect Call Scam
Earlier this evening, I received a collect call from an inmate in the Harris County Jail. Not knowing anyone who could possibly be calling me from jail, I hung up. A few moments later, they called back. Thinking that it was possibly a friend or relative, I answered and accepted the call. The caller identified himself as a Houston Police Officer and stated that an individual (whom I do not know) had been arrested and had given him my phone number. I told him that I did not know this individual. The “officer” then offered to give me a telephone number to call to have the charge removed from my bill. I was already suspicious, so I hung up without getting the number.
As it turns out, this is a fairly common scam. The caller will either ask you to call someone for them or offer to give you a number to have the charge removed from your bill. Either way, it usually involves you dialing *72 either before or after the phone number. BEWARE! Dialing *72 will forward your phone line and cause all of your incoming calls to ring at another number. The original caller will then have his partner-in-crime on the other end accepting collect calls on your dime while telling your own legitimate callers that they have the wrong number. This scam could go on for several days before you even notice.
Be safe. NEVER accept collect calls from someone you don’t know, and if you happen to accept the call (as I did) NEVER offer to make a call for someone or dial any combination of numbers that they give you.
As it turns out, this is a fairly common scam. The caller will either ask you to call someone for them or offer to give you a number to have the charge removed from your bill. Either way, it usually involves you dialing *72 either before or after the phone number. BEWARE! Dialing *72 will forward your phone line and cause all of your incoming calls to ring at another number. The original caller will then have his partner-in-crime on the other end accepting collect calls on your dime while telling your own legitimate callers that they have the wrong number. This scam could go on for several days before you even notice.
Be safe. NEVER accept collect calls from someone you don’t know, and if you happen to accept the call (as I did) NEVER offer to make a call for someone or dial any combination of numbers that they give you.
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