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Recent Blog Posts
Can My Spouse Get Away with Hiding Assets During a Divorce?
Some spouses will undoubtedly try to sneak away with more than their fair share, especially in high-asset divorces. If you are trying to unmask him or her, exposing your suspicions can make for a more contentious divorce. In these complex situations, untangling and fairly dividing marital property becomes quite the challenge. To safeguard your rights and financial interests, it is crucial to put emotions aside and tackle this task head-on. You need a skilled Texas high-asset divorce attorney.
How Can I Protect My Assets?
Under Texas law, the court will order that the estate be divided in a just and right manner, keeping in mind the rights of each party and any children. The entirety of your assets is a testament to your hard-earned efforts, and you rightfully deserve what is yours. Unfortunately, there are instances where spouses go to great lengths to retain everything for themselves.
What Can I Do if My Ex Says I Am Not the Baby's Father?
Establishing who a child's real father is, can be an emotional and sometimes complicated puzzle. When multiple men come forward saying they are the baby's father, it is important for everyone involved to understand how these cases can be sorted out to ensure that the right man is legally recognized as the child's father. You need a skilled paternity Texas attorney to guide you through this complex and highly sensitive legal matter.
How Is Paternity Determined?
Under Texas law, a man automatically becomes the father of a child if he is married to the child's mother when the baby is born or if the marriage ends within 300 days before childbirth. That is because the baby may have been conceived as a result of an infidelity. Or perhaps, the child's mother divorces a man and then ties the knot with another person within that 300-day timeframe. In both scenarios, the men could presume paternity.
Can I Ask For More Child Support if My Ex Is Making More Money?
After the pandemic, the cost of just about everything has gone up, and it is understandable that some people are having a hard time dealing with higher expenses. If you believe your ex got a big raise, you could ask the court to redo the child support payments. Recently, some employers have increased their employees' pay to encourage them to stay, rather than training new people. If you have custody of your child and you need more child support to cover the extra costs, you should seek the help of a Texas attorney to help you make the necessary changes in your child support order.
What Is Involved in Changing a Child Support Order?
Under Texas law, if you want to change your child support payments, you will need to show the court that there has been a big change in your situation to justify the change. If the court decides that there is a significant change in your life, it will approve what it calls a modification or change.
Issues Courts Consider for Custody of a Special Needs Child
A divorce can be emotional especially when children are involved. But when a child with health or educational needs is caught in the middle of a complex child custody battle, some parents will fight to extremes. Perhaps they are triggered by a misconception that the maternal instinct of a mother will weigh heavily in court and that the mother will get automatic custody. A Texas attorney can help you understand your options and what the courts will look at in these child custody cases.
Is a Mother More Likely to Get Custody of a Special Needs Child?
Under the Texas State Constitution custody decisions are not made based on the gender of a parent. When the court determines child custody and visitation, it takes a look at what will be in the best interest of the child, whether the child has special needs or not. Therefore, if a father was very involved in the life of his child before the divorce, he deserves to be allowed to strengthen that bond. This could also show the court that he is the better parent to raise his children.
What Can I Do if My Ex is Spending Child Support Money on Themselves?
Child support payments are intended to be for the direct benefit of the children following a divorce. Within that context, there is a wide range of acceptable uses for child support funds that may not all be strictly related to a child's basic expenses. Of course, child support can be used for clothing, food, medical costs, or school expenses, but it can also be used for entertainment and vacations. If you feel your child's other parent is spending child support money on themselves, contact experienced Austin child support lawyers.
There are almost always expenses that benefit the children as well as their custodial parents. Rent, utilities, and household items are necessary to raise a child, and a parent may save child support funds in case of emergencies. However, if a parent is spending child support money in ways that are not associated with the welfare of the children, this can be a problem. Recognizing how child support can be improperly used is important for taking action when necessary.
How Do Stay-at-Home Moms Cope with Divorce?
Divorce is a life-altering event that can unleash a whirlwind of emotions and challenges many never imagined before. For stay-at-home moms, the journey through divorce can be particularly daunting, as it often involves navigating complex legal, emotional, and financial territories while also tending to the needs of children. However, there are empowering strategies that stay-at-home moms can employ to effectively cope with divorce and emerge stronger on the other side. For example, one of the most essential ones is to enlist the help of an experienced Austin divorce lawyer who can competently guide them through the process.
Building a Strong Support Network
During an divorce in Austin, the importance of a support network cannot be overstated. Stay-at-home moms can lean on friends, family, and even support groups to provide emotional reassurance and a listening ear. Sharing experiences, concerns, and triumphs with others who have navigated similar journeys can offer invaluable insights and a sense of camaraderie.
What Rights Do Unmarried Couples Have in Texas?
In Texas, as in many other states, child custody matters can become complex and emotionally challenging for unmarried couples who are separating. Unlike married couples, unmarried partners don't automatically have the same legal rights regarding child custody and visitation. Having an experienced Austin child custody attorney who can shed light on the child custody rights that unmarried couples have in Texas and provide insights into potential legal options to navigate these sensitive issues is imperative.
Understanding Parental Rights for Unmarried Couples
In Texas, the parent-child relationship is presumed for a child born to a married couple. However, for unmarried couples, establishing parental rights requires legal action.
Texas law recognizes the biological mother as the child's natural guardian, granting her sole custody unless otherwise determined by the court. Consequently, the biological father doesn't have automatic parental rights, even if he is named on the birth certificate.
Can I Stop My Husband from Selling the House Prior to Divorce?
Divorce is often an emotionally and financially challenging time. One of the most pressing concerns for many individuals is the fate of their marital home. If you are going through a divorce in Texas and fear that your spouse might attempt to sell the house before the proceedings are finalized, it's crucial to understand your rights and the legal options available to protect your interests. The best way to learn more about your rights and how to exercise them is to contact a seasoned Austin divorce lawyer from Powers Kerr & Rashidi, PLLC.
No One Can Sell While a Divorce is Pending
In Texas, as in many other states, when a divorce petition is filed, an Automatic Temporary Restraining Order (ATRO) often takes effect automatically. The purpose of the ATRO is to maintain the status quo and protect both spouses' interests during the divorce process.
How to Protect Your Assets During a Divorce in Texas
Texas divides marital assets based on community property laws. This generally means that any asset or property acquired after your marriage will be divided between you and your spouse during a divorce. However, rules and conditions apply, which can help you protect separate property in a high asset divorce. This article explains what that means and how you may safeguard property ownership under unique circumstances.
What Is Separate Property?
Any property owned by a spouse before marriage or received individually afterward is considered separate property.
It can include:
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Any property owned or claimed by the spouse before marriage
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Generational wealth and property which the spouse inherits before or during the marriage
3 Challenges Faced During Complex Child Custody Cases in Austin
A complex child custody case presents unique challenges for both parties. You are often stuck in a lengthy custody battle. Other times, problems arise after the case, especially when your ex does not agree to the terms set in the custody order. You need to know how to respond to these problems in a legally compliant way. This article highlights three common challenges experienced by parents during a high-conflict custody case and how to deal with them.
A Spouse Makes Allegations Against the Other Parent to Gain Custody
Texas laws grant both parents managing conservatorship unless one parent is considered unfit to raise a child. A soon-to-be-ex may accuse their spouse of being an unfit parent to convince the court to grant them sole conservatorship after the dissolution of marriage in a contentious divorce.
These allegations range from stories of negligence or abusive behavior toward the child. A spouse can also argue that the other party is an unfit parent because of their history of alcohol and substance abuse.
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