Thursday, February 25, 2010
Free Marriage Education Classes
Planning to say “I Do” anytime soon? The State of Texas is now offering FREE marriage education classes throughout the state. In addition to obtaining the skills and knowledge necessary to form and sustain a healthy marriage, couples who complete a class will save $60 on the cost of their marriage license and will not have to wait 72 hours (after the license is issued) to get married. For more information or to find a class near you, please visit http://www.twogetherintexas.org/UI/HomePage.aspx
Monday, February 22, 2010
2010 Great Texas Warrant Roundup
If you think you have an outstanding warrant, you might want to take care of it NOW!
Beginning March 6, 2010, anyone with an outstanding warrant WILL BE ARRESTED!
The warrant roundup is designed to target those with outstanding warrants for minor and major infractions such as traffic, parking, city ordinance, penal code and higher charges. With more than 300 law enforcement agencies participating across the state, this years’ warrant roundup is believed to be the largest of its kind. It lasts through March 20, and police say they'll come to your school, home or work, both day and night, to arrest you and bring you to jail!
The City of Houston Municipal Courts alone has thousands of active warrants it is seeking to clear. Municipal Court officials are encouraging defendants to take advantage of one of the options available to settle outstanding warrants. However, unlike last year, no amnesty is being offered in conjunction with the round-up effort.
Notices are being mailed to all defendants with active warrants pending against them and beginning TODAY, defendants can go in person to resolve their cases. Notices are being sent to each defendant's last known address, so if you have moved, you may not be notified! No letter does not mean no warrant! If you believe you may have an outstanding warrant, you should contact your local municipal court for further information. Click here to view a list of participating agencies.
Beginning March 6, 2010, anyone with an outstanding warrant WILL BE ARRESTED!
The warrant roundup is designed to target those with outstanding warrants for minor and major infractions such as traffic, parking, city ordinance, penal code and higher charges. With more than 300 law enforcement agencies participating across the state, this years’ warrant roundup is believed to be the largest of its kind. It lasts through March 20, and police say they'll come to your school, home or work, both day and night, to arrest you and bring you to jail!
The City of Houston Municipal Courts alone has thousands of active warrants it is seeking to clear. Municipal Court officials are encouraging defendants to take advantage of one of the options available to settle outstanding warrants. However, unlike last year, no amnesty is being offered in conjunction with the round-up effort.
Notices are being mailed to all defendants with active warrants pending against them and beginning TODAY, defendants can go in person to resolve their cases. Notices are being sent to each defendant's last known address, so if you have moved, you may not be notified! No letter does not mean no warrant! If you believe you may have an outstanding warrant, you should contact your local municipal court for further information. Click here to view a list of participating agencies.
Wednesday, January 13, 2010
Think Before You Post: Social-Networking and Family Court
To say social-networking sites such as Facebook, Myspace and Twitter are popular would be an understatement. With nearly 600 million combined members, these online gathering places allow users to keep tabs on current friends, reconnect with those long lost and even meet new people. From high school students to high powered executives, nearly everyone has a membership on one (or all) of these sites. For those looking to connect or reconnect, social-networking can be fun and even addictive. However, for those looking to disconnect or obtain a favorable verdict in family court, these sites can be very dangerous playgrounds.
Take for example the following cases:
1. Husband’s mistress tweeted about a fabulous new piece of jewelry he just bought her.
2. In a custody case, the mother (who was attempting to gain primary custody of her children) posted photos on Myspace that showed her drinking, smoking marijuana and engaging in inappropriate activities with both men and women.
3. A man, who claimed he needed a reduction in his child support obligation because he was unemployed, posted photos on Facebook of a new $60,000 luxury vehicle he had recently purchased. (His modification was denied).
4. A middle school student bragged about not having to go to school because his “mom doesn't care” whether he goes or not. (Dad was awarded primary custody in this case).
When a new client comes to my office for a divorce or custody consultation, I always ask whether they have an account on one of these sites. I then advise them to clean it up. Even if your profile is private, be careful what you post. Material found on these sites can be evidentiary gold-mines for your ex’s attorney. Think your page is secure? Think again. Your ex (or your ex’s new partner) may have befriended a friend of yours or created a fake profile all together to spy on you and possibly obtain unfavorable evidence that will help them in court! I have seen it happen.
If you are involved in a divorce or other family law matter, proceed with caution when deciding what to post on these sites. If you wouldn't want the Judge to see it, don’t post it!
Take for example the following cases:
1. Husband’s mistress tweeted about a fabulous new piece of jewelry he just bought her.
2. In a custody case, the mother (who was attempting to gain primary custody of her children) posted photos on Myspace that showed her drinking, smoking marijuana and engaging in inappropriate activities with both men and women.
3. A man, who claimed he needed a reduction in his child support obligation because he was unemployed, posted photos on Facebook of a new $60,000 luxury vehicle he had recently purchased. (His modification was denied).
4. A middle school student bragged about not having to go to school because his “mom doesn't care” whether he goes or not. (Dad was awarded primary custody in this case).
When a new client comes to my office for a divorce or custody consultation, I always ask whether they have an account on one of these sites. I then advise them to clean it up. Even if your profile is private, be careful what you post. Material found on these sites can be evidentiary gold-mines for your ex’s attorney. Think your page is secure? Think again. Your ex (or your ex’s new partner) may have befriended a friend of yours or created a fake profile all together to spy on you and possibly obtain unfavorable evidence that will help them in court! I have seen it happen.
If you are involved in a divorce or other family law matter, proceed with caution when deciding what to post on these sites. If you wouldn't want the Judge to see it, don’t post it!
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.
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