Posted on August 23, 2022 in Child Protective Services

Learning you are being investigated by Texas Child Protective Services can feel like you are living in a waking nightmare. In addition to the questions you have and the anxiety you feel, you may also be dealing with feelings of indignation and outrage. Considering that CPS is notorious for getting involved in situations where the idea of parental neglect is ridiculous (and for frequently neglecting to get involved in situations where children are in serious danger), it can feel like an enormous waste of time. 

However, it is still very important to take any investigation seriously, whether you feel it is merited or not. CPS has an enormous amount of power and many good parents have gotten trapped in the cogs of the system. Fortunately, you can maximize the chances of a favorable outcome by getting aggressive legal help from a Texas family law attorney. 

What Will CPS Agents Do? 

The first question many parents have is why they are being investigated in the first place. Accusations of abuse and neglect are easily made but much harder to defend against. People like neighbors, teachers, and even vindictive exes can make anonymous reports without any thought as to how their actions could upturn the lives of the parent against whom the accusations are made. 

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 Posted on August 11, 2022 in Divorce

Couples seeking a divorce in Texas are often so focused on making sure their assets are split evenly that they forget to consider that other things besides assets can have a major impact on their future finances. A great divorce decree will make sure that assets are not only divided fairly, but that spouses are set on an equal footing moving into the future as well. 

This is where the tax implications of divorce come into play. While you may not file your taxes for a year or more after finalizing your divorce, you can bet that your divorce will be reflected in your next filing. Avoid unpleasant surprises by asking yourself these three questions about taxes as you negotiate your Texas divorce. 

Are You Splitting Roth and Tax-Deferred Accounts? 

Roth IRAs and Roth 401(k)s do not get tax deductions when you put money into the accounts, but the contributions are not taxed upon withdrawal if the money has been in the account for at least five years and the owner is over age 59 and a half upon withdrawal. In contrast, tax-deferred accounts like 401(k)s and traditional IRAs offer tax benefits up front but can have hefty withdrawal taxes and fees later on. If you are dividing these both in your divorce, consider your future plans carefully and whether you might need liquidity anytime soon. 

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 Posted on July 21, 2022 in Child Custody

Parents who are divorced or who have never been married may no longer have to live together, but they will have to deal with a complex set of laws detailing their shared responsibilities toward their minor children. When both parents share custody (known as “conservatorship” in Texas) and one parent wants to move and take their child with them, the parent who wants to move cannot simply make this decision on their own. 

If you would like to relocate with your child, or if your co-parent wants to move and you object to the move, read on and then contact Frisco, TX family law attorney who can help you with your case. 

Showing the Move is In the Best Interests of the Child

The primary concern of Texas family law courts is ensuring the best interests of the child are understood and protected. Generally speaking, a child is understood to benefit most when both parents are involved in her life; to this end, when parents share conservatorship, one parent cannot move with the child without getting the consent of the other parent or the court. 

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 Posted on July 12, 2022 in Divorce

In some states, couples can pursue something known as a “legal separation” that allows them to address many of the issues that are normally handled in a divorce without formally finalizing a divorce. In Texas, however, there is no such thing as legal separation. Couples who no longer want to live together but do not want to officially file for divorce do not have the option to separate their property and establish child custody orders without getting divorced. If you are not sure whether you want a divorce but you no longer want to be with your spouse, speak with a Texas divorce attorney to explore your options. 

Reasons for Not Getting Divorced

Even though many couples no longer feel in love or may even struggle to be polite to each other, the thought of divorce may be unworkable. This may be for religious reasons, since some religions prohibit divorce, financial reasons, such as joint tax filing benefits, or social reasons, such as avoiding the stigma for divorce for the couple and their children. Whatever the reason, rest assured that you are perfectly normal and that many people have been in your situation before. There is no shame in discussing your situation confidentially with an attorney who can give you legal advice. 

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 Posted on June 27, 2022 in Divorce

Couples in Texas and elsewhere across the United States frequently get divorced because of financial problems. Whether it is the stress of never having enough to make ends meet or the fiscal irresponsibility of one spouse that has driven the other spouse away, dealing with major financial crises during divorce is an exhausting and complicated endeavor. 

Perhaps no financial situation is more difficult than trying to manage bankruptcy during a Texas divorce. Unfortunately, sometimes divorce and bankruptcy unavoidably occur at the same time and spouses must then make difficult decisions about how to navigate their situation. 

Should We File for Bankruptcy Before Divorce? 

Bankruptcy is a federal process, meaning it takes precedence over divorce, which is a state process. When you file for bankruptcy, the bankruptcy court will put a stay on any creditor to prevent them from garnishing wages or collecting on debt. Because divorce involves issues related to a couple’s finances, such as dividing marital property and setting child support payments, a divorcing couple needs to get permission from a bankruptcy court to settle their financial affairs. It is generally difficult and impractical to try to remove a bankruptcy court’s stay so you can pursue a divorce during bankruptcy. 

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 Posted on June 13, 2022 in Child Support

Once you divorce or separate from your child’s other parent, you will probably want to move on and establish a relationship with someone new. Especially for younger people, remarriages and new relationships are often accompanied by new children. While your children with a second or even third partner can be a joyful and enriching part of your life, children are expensive and this is doubly true if you get divorced or separated again and must now make more than one child support payment. 

When faced with this situation, even the most generous and responsible parents will likely have fears and anxieties about being able to afford to support their children and themselves. Worries about falling behind on child support are common, especially because unpaid child support carries serious consequences. 

What Is the Maximum Child Support Amount I Have to Pay? 

No matter how many children you are paying for, Texas law limits the monthly net income for which a parent has to pay child support. As of the writing of this blog, the child support net income cap is set at $9200 a month. Any money over that does not need to be considered for child support payments unless a child’s needs justify it. 

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 Posted on May 18, 2022 in Divorce

Just a few decades ago, women getting divorced in Texas could practically be guaranteed to receive spousal maintenance (also known as alimony) from their husbands. Women working outside the home, to say nothing of pursuing high-income careers, was a relatively rare phenomenon. 

Thankfully that has changed. As women achieve ever greater strides in workplace equity, there is a flip side to being the primary breadwinner in a family that many women do not think about until divorce: Alimony payments to an ex. Texas law provides spousal maintenance in certain situations, but it says nothing about the gender of the person making payments. Under the right circumstances, women in Texas may end up paying their husbands “manimony.”

How Is Spousal Maintenance Calculated in Texas? 

Getting spousal maintenance in Texas is not as easy as it used to be. In fact, Texas divorce cases begin with the presumption that alimony is not appropriate and the spouse requesting financial support must overcome that presumption. For a court to award spousal maintenance, the spouse requesting it must meet at least one of the following circumstances: 

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 Posted on May 03, 2022 in Divorce

Getting divorced in Texas changes a lot of things about family life. During the school year, the rigid schedules of school and extracurricular activities often prevent the option of flexibility - and the potential confusion and conflict that can come along with it. But during the summer, the changes that come with a divorce can become more obvious when children are out of school and both children and parents may have more time on their hands. 

If this is your first summer after a divorce, it is important to be prepared for a potentially challenging period. Even if with the best parenting plan, issues with visitation schedules (also known as possession and access schedules) can arise. Here are some tips for Collin County parents managing their first summer break after separation or divorce. 

Maintain Consistency

While the lack of regularity in your children’s schedules may make it tempting to be lax in your parenting agreement, experts say this is not a good idea, especially if you tend to experience a lot of conflict with your spouse. Try to keep a regular schedule and avoid situations that could expose the children to conflict or uncertainty. Consider placing a calendar in a visible location in your home so your children can see upcoming visitation dates and know what to expect. 

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 Posted on April 26, 2022 in Divorce

When two busy, ambitious people with successful careers and substantial asset ownership get divorced in Texas, special complications can arise due to the more valuable and complex nature of the assets. High net worth individuals, typically defined as owning liquid assets worth between one and five million dollars, generally have a more difficult time negotiating issues like child support, spousal support, and property division. Here are the ways that a high net worth divorce can affect these issues. 

Child Support

Generally, child support is determined using both parents’ net resources and how much time each parent spends with the children. For high-net-worth parents, net resources will include their income after taxes as well as bonuses, income from rental properties, capital gains, dividends, gifts, and more. While there is a cap on the amount of a parent’s net resources that can be considered when setting child support payments, a child’s actual expenses can make payments higher than the typical formula might suggest. 

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 Posted on April 11, 2022 in Divorce

Do-it-yourself projects are all the rage right now. Whether it is updating your home, training your new puppy, or even getting divorced, Texans love doing things themselves. Online software makes it possible to get divorced without the help of an attorney for around $500, making DIY divorces appealing to many people. However, as with all DIY projects, getting divorced by yourself is not a foolproof undertaking and mistakes can end up being very costly and difficult to resolve. If you are considering divorce in Collin County, Texas, here are a couple of things to keep in mind before you choose to do it yourself. 

You Could Save Money - But You Might Not 

The most common reason people seek a DIY divorce is that the expenses associated with hiring an attorney may seem overwhelming. However, it is important to note that divorce topics that initially seem simple can become quite complicated upon further investigation. Couples often end up needing to hire their own attorney when they realize negotiating issues like asset division and child custody is more difficult than they thought. If finances are a concern in your Texas divorce, keep in mind that you can often hire an attorney to provide services as needed. That way, you can handle the parts you are comfortable with and still get knowledgeable legal help for the rest. 

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