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.
Monday, May 4, 2009
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.
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