6034 West Courtyard Drive, Suite 100, Austin, TX 78730
Call Us Today
512-610-6199
Recent Blog Posts
Modifying a Texas Divorce Decree
The divorce process can be a long one, especially in a high asset or complex divorce. It can take months – if not longer – to finally come to an agreement with your spouse as to how certain issues will be determined. Although one may think that after all of the fighting and negotiations that the final divorce decree would be just that – final – the reality is that many couples end up back in court at some point in order to have parts of that decree modified.
Not all parts of divorce decree can be modified. For example, asset and property division can not be modified unless there is evidence that fraud occurred during the divorce process. But other parts, such as child custody, child support, or alimony, may be able to be modified if the requesting spouse can show a substantial change of circumstances.
Modifying a Child Custody Order
Child custody is one of the most difficult areas of family law. When making the final custody decision, the courts always rely on the best interest of the child doctrine. Once the final decision has been made, there must be a substantial change in circumstances that are or will have an impact on that best interest in order for the court to even consider modifying the original order, unless both parents are agreeing to the change.
Telling Your Child About Your Texas Divorce
There is no denying that divorce is stressful, even if you are the spouse who wants to end the marriage. It can be even harder if you and your spouse have children. One of the most difficult parts is breaking the news to your child about the divorce. So many couples have a hard time themselves understanding why the marriage is ending and wonder how will they ever be able to get their child to understand why.
Sharing the News as a Team
Although there may be much acrimony currently existing between you and your spouse, it is critical for your child’s emotional well being to be able to put up a united front for them. When the time comes to share with your child that you are divorcing, it is much better to have both parents do it together, rather than separately. This will help reassure your child that although their parents will no longer be together, their love and concern for their child will always be there. Having this security is crucial in your child’s acceptance of the situation.
How Will Retirement Accounts Be Divided in My Texas Divorce?
There are many issues that a couple may have to come to an agreement on when they decide to end their marriage. One major issue is the division of assets and property. Texas is a community property state – meaning that the martial estate is owned by both spouses equally and the court divides it in a 50/50 share. Although this division is fairly cut and dry when it comes to bank accounts, that division can and often does get more complicated the more assets the couple owns. Assets such as real estate, collections, and even retirement accounts all must be divided equally. But the majority of retirement accounts have stringent rules when it comes to withdrawals, involving possible penalties and tax implications. This is why it is critical to have a skilled complex divorce attorney advocating for you.
Dividing Accounts with QDRO
Under federal law, a person is not allowed to withdraw from their retirement accounts while they are still employed. Exceptions include taking a loan against the funds or showing hardship. If the person leaves their employer, they can either leave the funds in the former employer’s plan, roll the funds into their new employer’s plan, roll it into an individual retirement account (IRA), or cash out.
Avoiding Social Media During a Texas Divorce
In today’s world, social media has become an intricate part of many people’s daily lives where they share everything from the big events to the mundane with their family and friends. So, it is not surprising that when person makes the decision to divorce their spouse, they want to blast it all over their social media accounts. Some people feel the need to bash and trash their spouse, while others splash their pages with photos of all the fun and excitement they are experiencing now that their dud of a spouse is gone.
However, posting anything about your divorce on social media can be a big mistake. In fact, the majority of divorce attorneys in this country report that there has been a large spike in the use of social media as evidence in divorce cases over the past several years. Instead of hiring private investigators to dig up dirt on your spouse, all one has to do is peruse their Facebook and Instagram accounts.
Education Costs and Other Issues in a Texas Divorce
Each state, including Texas, sets its own child support guidelines that the family courts use to determine how much one parent should pay the other parent for child support. Child support is supposed to cover all the basic needs of the child – including shelter, food, and clothing. There are certain expenses for children, however, that are not automatically included in a standard child support order. One of these expenses is for education.
Education Costs
Most parents can attest to how expensive education costs have become. It is not only tuition payments, if the child attends private school or daycare programs, but even the costs for children who attend public schools can be hefty. School expenses for children can include:
-
School clothes
-
School supplies
-
Backpacks
What Expenses Should Child Support Be Used For?
One of the most contentious issues between divorcing couples is child support. The parent who receives the support often thinks the amount the other parent has to pay is not enough to cover all the actual expenses of the child, while the parent who has to pay often thinks they are paying too much and questions where the money is going. While the judge is the one that makes the final decision on how much child support should be paid, many parents are still unsure what child support is actually supposed to cover.
How Child Support Works
When parents divorce, they must consider certain issues regarding the children. These issues include child custody and parenting time. Whether or not child support will be paid and which parent will pay is a decision made by the court and usually depends on the amount of time the child will spend with each parent.
Child support is supposed to cover certain expenses, while other expenses usually need to be addressed separately in the parenting agreement. These extra expenses may include childcare costs, medical insurance and medical expenses, extracurricular activities, and sports. Future college tuition is also an issue that should be addressed during divorce negotiations.
Financial Issues to Consider in a Second Marriage
The old expression, “once bitten, twice shy,” probably sums up how many people feel after going through a divorce. Couples may enter a first marriage without considering how life’s realities can affect a relationship. Finances, children, in-laws, and jobs are all issues that can overshadow the romantic side of marriage.
People who go through a divorce typically have a much more realistic view of what a second marriage may hold. This is especially true for those who have gone through a messy divorce — one which may have involved drawn-out negotiations over marital assets and other finances. Therefore, when a divorced individual considers remarriage, there are several questions they should discuss with their potential spouse. Starting out on the same page can go a long way in avoiding another trip to divorce court. The following are some important issues to address before a second marriage
Types of Co-Parenting Choices After a Texas Divorce
One of the most difficult decisions that needs to be made in a divorce is how custody or parenting time will be divided between the parents. Every parent who is in this situation wants to do what is best for their child and make sure they come through the divorce process with as little emotional upset as possible. How parents handle custody issues, and how they communicate these issues with each other, goes a long way in how secure and stable a child feels following the divorce.
There are several different ways that custody can be decided. In the best circumstances, the parents will be able to negotiate an agreement the court will approve. If this cannot be done, the court will make the final decision based on the best interest of the child doctrine, regardless of how much each parent may object. The following is a brief overview of different custody arrangements.
Traditional Two-Home Custody
The most common custody arrangement when couples divorce is that each parent establishes their own home and custody can be either shared with both parents having equal parenting time or one parent has primary custody and the other parent has a visitation schedule.
Financial and Legal Issues When Marrying Later in Life
After a spouse has passed away, the widow(er) may feel that he or she will never find love again. And then suddenly, love strikes when least expected. The couple may even decide to get married. However, in the midst of all the wedding and honeymoon planning, there are a number of financial issues – including a prenuptial agreement – that the couple should address with an Austin family law attorney.
What to Consider Before Saying “I Do”
Although the number of older Americans who are finding love later in life has increased each year, marriage of these individuals has been stunted due largely to the fear of what a remarriage would mean financially and legally for the couple. The legal and financial ramifications become more difficult when there are children and grandchildren involved, and when the individuals are receiving survivor benefits from the first marriage to the deceased spouse.
Financial Fraud in a Texas Divorce – Part II
In our prior post, we discussed the red flags to watch for that could mean your spouse is committing financial fraud in order to prevent you from getting your fair share of marital assets in your divorce. In this post, we will talk about some of the steps your divorce attorney can take to make sure your spouse is not successful in his or her attempt to hide assets from you.
What to Do If You Suspect Financial Fraud in Your Divorce
Having a seasoned divorce attorney advocating for you is critical when it comes to protecting your rights in a divorce, especially when a couple has substantial assets, like the family home, bank accounts, retirement accounts, pensions, and more. During the divorce process, each party must complete financial affidavits that list their monthly income, assets, debts, and monthly expenses. These documents are filed under the penalty of perjury, however, that caveat does not always deter a spouse who is determined to commit financial fraud.
Contact Us Today
Set up a consultation by filling out the form below:
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
