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/.
Thursday, February 26, 2009
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.
Tuesday, December 9, 2008
Texas Debit Card and Child Support: An Alternative to Paper Checks
The Texas debit card gives parents an alternative to receiving paper checks in the mail. The cards can be used anywhere VISA is accepted and parents do not need a bank account to get one. Any parent who receives child support through the Texas Child Support Disbursement Unit in San Antonio is eligible for the Texas Debit Card.Benefits of the card include:
• 24/7 access to your money (even if you are away from home)
• No more waiting for checks to arrive or clear through your bank (payments are automatically loaded onto the card)
• No check cashing fees
• Safer and more convenient than using cash or checks
• Cash back options at several merchants
For more information, or to apply for a card, please visit https://www.eppicard.com/ or call 1-866-729-6159
Saturday, November 22, 2008
Understanding Mediation
"The courts of this country should not be the place where the resolution of disputes begin. They should be the places where the disputes end – after alternative methods of resolving disputes have been considered and tried.”
-Justice Sandra Day O’Connor
What is Mediation?
Mediation is an informal process in which a neutral third-party (the Mediator) assists in resolving a dispute between two or more parties. The role of the mediator is to facilitate discussion between the parties, assist them in focusing on the real issues, and generate options for settlement. The mediator will not decide if either party is "right" or "wrong." The mediator will not force any party to accept a settlement that is not agreeable to everyone, and the mediator will not give legal advice.
What happens at mediation?
At the mediation, the parties will sit down with the mediator in private and explain the problem as they see it and how they think the matter could be resolved. The mediator oversees the discussion to allow each party a full opportunity to be heard in an atmosphere of cooperation and respect.
Does the mediator meet with both parties together or separately?
Mediators can either work separately with each party, acting as a go-between, or with both parties present in the same room. There can be advantages and disadvantages to each approach, depending on the circumstances of the particular case. This is a question that the parties should address in advance with their attorneys.
Do I have to attend meditation?
In certain circumstances, mediation is required. For example, in both Harris and Fort Bend Counties, parties are required to participate in the Alternative Dispute Resolution (ADR) process prior to any temporary orders hearing in which custody is an issue. Likewise, one party can petition the court to order ADR participation prior to trial.
Can we go to mediation without a court referral?
At any time, even before a case is filed, the parties may agree to attempt to resolve their dispute by attending mediation. You do not need a court order to enter into mediation.
Is mediation always appropriate?
No. Mediation is not recommended in cases involving family violence.
What types of issues are decided at mediation?
Generally speaking, anything that can be decided in Court can be agreed to in meditation. As it relates to family law, issues such as conservatorship (custody), child support, visitation, property division, spousal support, debt allocation, use of the marital residence/motor vehicles, geographical restrictions, etc are often settled in mediation.
What happens if we reach an agreement?
The mediator will then draft a Mediated Settlement Agreement (MSA). The parties and their attorneys will review the proposed agreement, and if it accurately reflects the desires of each party, it will be signed (by the parties and their attorneys, if present) and filed with the court. Once filed, it has the effect of a court order.
What if we agree on some things and not others?
This is fairly common. Any issues not settled in mediation will go before the Court.
What if I change my mind after signing the agreement?
I can not stress the importance of fully understanding and agreeing to ALL of the terms of the MSA. Once signed, most MSAs are binding and irrevocable. You will have to abide by the terms of your agreement (even if you change your mind the next day).
How long does mediation take?
Mediations are usually scheduled for a ½ day (4 hours) or a full day (8 hours).
What if we can’t seem to agree on anything?
An impasse will be declared, the mediation will end, and the parties will then go before the Court to have the judge decide.
Who can attend the mediation?
Typically, the parties involved and their respective attorneys may attend. In some cases, parties are allowed to bring along one support person, but that individual will not be allowed to participate in the mediation. It is not appropriate to bring children to mediation.
How much does mediation cost?
In some cases, the parties may attend meditation at a local dispute resolution organization free of charge. However, if a private mediator is used, the parties should expect to pay by the hour. The cost is usually split equally between the parties.
Why is mediation so important?
1. For starters, mediation is private. The only ones present are the parties, their attorneys, and the mediator. Courts are open to the public. So, in addition to various individuals, there will also be court personnel and other attorneys present. It is a lot easier to discuss aspects of your personal life in private rather than in front of an audience of complete strangers.
2. Decisions concerning your life should be made by you, and not for you. The judge does not know you or your children, and you will be forced to comply with the Court’s order whether you like it or not. Mediation requires compromise between the parties and individuals usually leave feeling as if they had a “say so.” After a court proceeding, however, one party always feels as if they got the short end of the stick.
3. Mediation is also confidential. The mediator can not be called into court to discuss anything you may have told them. This encourages the parties to be as candid as possible.
4. Mediation is cheaper and faster than going to trial.
Do I need a lawyer to go to mediation?
You do not need a lawyer, however, if there are substantial legal issues involved, it is best to consult with an attorney about what your legal rights are prior to going to mediation. Mediators may or may not be lawyers, but in mediation, the mediator cannot give legal advice to the parties. You are entitled to bring your attorney to a mediation session if you wish.
-Justice Sandra Day O’Connor
What is Mediation?
Mediation is an informal process in which a neutral third-party (the Mediator) assists in resolving a dispute between two or more parties. The role of the mediator is to facilitate discussion between the parties, assist them in focusing on the real issues, and generate options for settlement. The mediator will not decide if either party is "right" or "wrong." The mediator will not force any party to accept a settlement that is not agreeable to everyone, and the mediator will not give legal advice.
What happens at mediation?
At the mediation, the parties will sit down with the mediator in private and explain the problem as they see it and how they think the matter could be resolved. The mediator oversees the discussion to allow each party a full opportunity to be heard in an atmosphere of cooperation and respect.
Does the mediator meet with both parties together or separately?
Mediators can either work separately with each party, acting as a go-between, or with both parties present in the same room. There can be advantages and disadvantages to each approach, depending on the circumstances of the particular case. This is a question that the parties should address in advance with their attorneys.
Do I have to attend meditation?
In certain circumstances, mediation is required. For example, in both Harris and Fort Bend Counties, parties are required to participate in the Alternative Dispute Resolution (ADR) process prior to any temporary orders hearing in which custody is an issue. Likewise, one party can petition the court to order ADR participation prior to trial.
Can we go to mediation without a court referral?
At any time, even before a case is filed, the parties may agree to attempt to resolve their dispute by attending mediation. You do not need a court order to enter into mediation.
Is mediation always appropriate?
No. Mediation is not recommended in cases involving family violence.
What types of issues are decided at mediation?
Generally speaking, anything that can be decided in Court can be agreed to in meditation. As it relates to family law, issues such as conservatorship (custody), child support, visitation, property division, spousal support, debt allocation, use of the marital residence/motor vehicles, geographical restrictions, etc are often settled in mediation.
What happens if we reach an agreement?
The mediator will then draft a Mediated Settlement Agreement (MSA). The parties and their attorneys will review the proposed agreement, and if it accurately reflects the desires of each party, it will be signed (by the parties and their attorneys, if present) and filed with the court. Once filed, it has the effect of a court order.
What if we agree on some things and not others?
This is fairly common. Any issues not settled in mediation will go before the Court.
What if I change my mind after signing the agreement?
I can not stress the importance of fully understanding and agreeing to ALL of the terms of the MSA. Once signed, most MSAs are binding and irrevocable. You will have to abide by the terms of your agreement (even if you change your mind the next day).
How long does mediation take?
Mediations are usually scheduled for a ½ day (4 hours) or a full day (8 hours).
What if we can’t seem to agree on anything?
An impasse will be declared, the mediation will end, and the parties will then go before the Court to have the judge decide.
Who can attend the mediation?
Typically, the parties involved and their respective attorneys may attend. In some cases, parties are allowed to bring along one support person, but that individual will not be allowed to participate in the mediation. It is not appropriate to bring children to mediation.
How much does mediation cost?
In some cases, the parties may attend meditation at a local dispute resolution organization free of charge. However, if a private mediator is used, the parties should expect to pay by the hour. The cost is usually split equally between the parties.
Why is mediation so important?
1. For starters, mediation is private. The only ones present are the parties, their attorneys, and the mediator. Courts are open to the public. So, in addition to various individuals, there will also be court personnel and other attorneys present. It is a lot easier to discuss aspects of your personal life in private rather than in front of an audience of complete strangers.
2. Decisions concerning your life should be made by you, and not for you. The judge does not know you or your children, and you will be forced to comply with the Court’s order whether you like it or not. Mediation requires compromise between the parties and individuals usually leave feeling as if they had a “say so.” After a court proceeding, however, one party always feels as if they got the short end of the stick.
3. Mediation is also confidential. The mediator can not be called into court to discuss anything you may have told them. This encourages the parties to be as candid as possible.
4. Mediation is cheaper and faster than going to trial.
Do I need a lawyer to go to mediation?
You do not need a lawyer, however, if there are substantial legal issues involved, it is best to consult with an attorney about what your legal rights are prior to going to mediation. Mediators may or may not be lawyers, but in mediation, the mediator cannot give legal advice to the parties. You are entitled to bring your attorney to a mediation session if you wish.
Monday, November 3, 2008
10 Holiday Tips for Divorced Parents
Divorce is emotionally draining, especially during the holidays and special occasions. Divorced parents must communicate with even more diplomacy, patience, mutual understanding, respect, and tolerance than married couples planning holiday travel, dinners, reunions and gift-giving. Juggling schedules during marriage is hard, and it only gets harder after divorce.
Here are 10 tips for making sure everyone enjoys special occasions:
1. Plan Ahead
Develop a parenting schedule before the holidays.
Avoid scheduling the children for dinner with Dad at noon and a second turkey dinner a few hours later with Mom. Instead, arrange for Dad to spend the entire day with the children in all odd-numbered years, and have Mom spend the holiday with them in all even-numbered years.
If possible, hire a parenting coordinator, usually a child psychologist or divorce lawyer appointed by the court to act as a decision-maker until a judge makes a different decision. You have quicker access to the coordinator than the judge, but the coordinator must be paid.
2. Keep Your Word
Stick to the schedule. Arrive on time and drop off the children on time.
3. Keep in Touch
If the children are not with you for the holidays, call them, and be sure to send cards or email. Consider celebrating the holiday or birthday before or after the actual day. Children love parties and gifts any time - nothing fancy - but something special you create just for them.
4. Let the Children Keep in Touch
If the children spend the holiday with you, let them speak with the other parent. Give the children any cards and email from the other parent, and read the messages to young children who cannot read. If the children are too young to call, help them make or receive a call, and let them have a quiet moment to speak with the other parent. Make sure to avoid planning an exciting activity like gift-opening at the same time that the children are scheduled to speak with their Mom or Dad.
Remember, children usually have a short attention span, so do not blame the other parent if conversations are short.
5. Safe Travel
Make travel arrangements with airlines for long-distance travel. Airlines provide supervision for unaccompanied minors for a nominal fee.
6. The Art of Gift-Giving
Coordinate gift-giving with the other parent. Do not give your child a cell phone if you know Mom is giving her a phone. If your ex-spouse will not cooperate, go ahead with your own plans, but do not complain to the children about the other parent.
7. Acknowledge the Child's Right to Enjoyment
Let your child take gifts to your ex-spouse's home. Conversely, if your child brings home a new toy or bicycle, let your child take it back to her Dad's home, if she wants.
8. To Each His Own
Let the children spend Mother's Day with Mom and Father's Day with Dad.
9. Create Your Own Celebrations
Do not insist upon attending your child's birthday or graduation party if your ex-spouse is throwing the party. Give your own party on another day.
10. Give Your Child Permission to Love Both Parents
Help your child buy or make a gift and card for the other parent, if the child is too young to handle the tasks herself. You are doing your child a favor, not your ex-spouse, because you are giving your child permission to love the other parent - the best gift you can give.
By: Sharyn T. Sooho
Here are 10 tips for making sure everyone enjoys special occasions:
1. Plan Ahead
Develop a parenting schedule before the holidays.
Avoid scheduling the children for dinner with Dad at noon and a second turkey dinner a few hours later with Mom. Instead, arrange for Dad to spend the entire day with the children in all odd-numbered years, and have Mom spend the holiday with them in all even-numbered years.
If possible, hire a parenting coordinator, usually a child psychologist or divorce lawyer appointed by the court to act as a decision-maker until a judge makes a different decision. You have quicker access to the coordinator than the judge, but the coordinator must be paid.
2. Keep Your Word
Stick to the schedule. Arrive on time and drop off the children on time.
3. Keep in Touch
If the children are not with you for the holidays, call them, and be sure to send cards or email. Consider celebrating the holiday or birthday before or after the actual day. Children love parties and gifts any time - nothing fancy - but something special you create just for them.
4. Let the Children Keep in Touch
If the children spend the holiday with you, let them speak with the other parent. Give the children any cards and email from the other parent, and read the messages to young children who cannot read. If the children are too young to call, help them make or receive a call, and let them have a quiet moment to speak with the other parent. Make sure to avoid planning an exciting activity like gift-opening at the same time that the children are scheduled to speak with their Mom or Dad.
Remember, children usually have a short attention span, so do not blame the other parent if conversations are short.
5. Safe Travel
Make travel arrangements with airlines for long-distance travel. Airlines provide supervision for unaccompanied minors for a nominal fee.
6. The Art of Gift-Giving
Coordinate gift-giving with the other parent. Do not give your child a cell phone if you know Mom is giving her a phone. If your ex-spouse will not cooperate, go ahead with your own plans, but do not complain to the children about the other parent.
7. Acknowledge the Child's Right to Enjoyment
Let your child take gifts to your ex-spouse's home. Conversely, if your child brings home a new toy or bicycle, let your child take it back to her Dad's home, if she wants.
8. To Each His Own
Let the children spend Mother's Day with Mom and Father's Day with Dad.
9. Create Your Own Celebrations
Do not insist upon attending your child's birthday or graduation party if your ex-spouse is throwing the party. Give your own party on another day.
10. Give Your Child Permission to Love Both Parents
Help your child buy or make a gift and card for the other parent, if the child is too young to handle the tasks herself. You are doing your child a favor, not your ex-spouse, because you are giving your child permission to love the other parent - the best gift you can give.
By: Sharyn T. Sooho
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