Posted on March 01, 2022 in Child Support

Texas spouses undergoing a divorce have three main legal issues to work out in their divorce decree. These include establishing conservatorship (custody) for their children, dividing assets and debts, and sharing future income.

If you are the family's breadwinner, there's a strong chance you may end up paying child support and spousal maintenance. If that's the case, it's crucial to understand how any career-related changes affecting compensation could impact your support requirements.

Three situations that can affect support obligations

Texas uses a formula to calculate child support based on the noncustodial parent's net income and resources. The lower-earning spouse must request spousal maintenance. In either situation, it's essential to know how any changes to your income can affect these payments. Here are three scenarios:

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 Posted on March 01, 2022 in Co-Parenting

Some psychologists believe divorce is 95% emotional and 5% legal. After all, we’re only human and intense feelings naturally consume our thoughts. That can be especially true if your marriage and divorce were fraught with significant conflict and hard feelings.

But focusing on the other 5% is vitally essential for you and your children's well-being. Determining custody and parenting time is at the top of the list. It's well documented that any conflict between parents harms children. But how should you deal with any lingering anger or resentment?

Five steps to strengthen your child's relationship

Many co-parents have a healthy rapport with their former partner, which is the best scenario for children. Others may justifiably hold onto anger. Try to let go of those feelings and focus on what's best for your kids. They also feel those intense emotions, which can cause more harm. Even if you can’t fully let go of the negativity, here are five steps that can immeasurably help:

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 Posted on March 01, 2022 in Child Custody

Winter is winding down, and many families – especially the kids – anxiously await spring break. For divorced or separated parents, this can be a stressful time as it affects the regular possession schedule. But making this an enjoyable experience for your kids should be the goal for both you and your ex.

If you and your co-parent follow a Texas Standard Possession Order (SPO), you likely already know that the Lone Star State has an odd-even schedule over spring break possession. The rules differ depending on whether parents live within 100 miles of each other.

Spring break parenting time rules

Under an unmodified SPO, co-parents who live within 100 miles alternate possession during spring break each year. For 2022, that means possessory conservators – noncustodial parents – have the children. The rules state:

• Possession begins at 6 p.m. on the day the child is dismissed from school for spring vacation.
• Possession ends at 6 p.m. on the day before school resumes.

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 Posted on February 01, 2022 in Divorce

Texans should know certain basic facts about estate taxation in order to better plan for the future. If you’re going through a divorce, estate taxation may be even more relevant because the exemption will be halved for a single, unmarried individual. What many Texans don’t realize is that the State of Texas is quite friendly to its residents from a tax perspective. Not only does Texas lack a personal state income tax, it also has a resident-friendly policy on estate taxes.

Texas Law on Inheritance & Estate Taxes

An estate tax is a tax imposed on the estate of a decedent. This means that the tax will be collected from the estate itself prior to any disbursements to heirs. An inheritance tax, on the other hand, is a tax imposed on the beneficiaries of the estate. This means that, in theory, the beneficiaries are responsible for paying the inheritance tax. In jurisdictions which impose an inheritance tax, typically the tax is only imposed on certain beneficiaries, while other beneficiaries (such as surviving spouses and direct descendants) are exempt.

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 Posted on February 01, 2022 in Divorce

As we know, divorce brings about all sorts of complications. There are child custody issues, property division issues, emotional recovery, and plenty of others. On top of all else, newly divorced people need to deal with estate planning matters as well. When someone divorces, the newly created divorced status will lead to a host of considerations, such as estate planning issues. In this post, we will go over a few estate planning issues people will need to consider after a divorce in Texas.

Adjustments to Wills or Trusts

A will is a document which predetermines the distribution of someone's property after death. A will must be executed properly in order to be enforceable, and ultimately the will needs to be carried out by an executor. A will identifies “beneficiaries” who receive the property. Wills intersect with divorce in critical ways because certain property cannot be included in a will. When a couple divorces, the “marital property” which is jointly owned will be divided between the parties; Texas is a community property state, and so typically this means an equal division of the overall estate, taking into consideration many factors. Hence, marital property isn’t something which can be assigned or distributed through one spouse's will as though it belongs exclusively to him or her.

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 Posted on February 01, 2022 in Property Division

Texas is a community property state, which means that all assets classified as “marital property” will be subject to division in a divorce. Furthermore, because Texas is a community property state, the community estate is generally divided equally among the parties, unless a disproportionate division is warranted. As we’ve discussed in earlier articles, marital property is essentially any property acquired after the marriage, unless one of several exceptions applies. For instance, property acquired via inheritance, or via gift, is typically considered separate property even if acquired during marriage.

In order to properly divide property in a divorce, both parties need to be fully transparent with their asset holdings. Sadly, in some cases, parties are less than fully transparent, and sometimes people even deliberately hide assets in order to “cheat” their spouse. Divorce is very often a process involving heated emotions, and so we shouldn’t be too surprised to learn that this happens from time to time. Nevertheless, it is still unfortunate to see.

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 Posted on February 01, 2022 in Divorce

In family law parlance, a “military divorce” is a marital dissolution in which at least one of the parties involved is active military, or part of the National Guard, or part of the military reserves. Military divorces are basically a separate type of dissolution because these divorces have their own requirements and considerations. If you or your spouse are military personnel, and you’re planning (or desiring) a divorce, you should be aware of these requirements and considerations.

The Right to Postpone While on Active Duty

One of the key things to know about military divorces is that the divorce proceedings may be postponed while someone is on active duty. This is true even when the petitioner files the initial documentation correctly. If a spouse is away on active duty, and the petitioner initiates a divorce, proceedings may be postponed as long as both the respondent spouse (on active duty) and local court agree to do so. Furthermore, the court may also delay the proceedings for 60 days after the service member returns. Active duty personnel may elect to waive this right if they wish to speed the divorce process along without any postponements.

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 Posted on February 01, 2022 in Co-Parenting

It can be easy to lose sight of the most important things in life during a heated divorce. But most Texas parents understand that their children's well-being is, or should be, at the top of the list. Even parents involved in a contentious divorce have one thing in common: Love for their children.

Divorce signals the end of one loving relationship. But parents don’t divorce their kids. You might feel guilty over the breakup or are just unsure how to deal with your pain, let alone that of your kids. But the good news is there are steps you can take to help your children cope and create a stronger relationship with them going forward.

Four steps to creating a positive parent-child vibe

Once your divorce is final, you are still one family that is living in separate households. But even before the process is over, here are some things you can do to achieve a child-focused divorce:

• Avoid unnecessary conflict: Fewer than 10% of all divorces wind up in litigation. Staying out of court shields your children from parental conflict, which research shows can be most damaging to them.

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 Posted on February 01, 2022 in Divorce

Are you divorcing or planning to divorce your child's other parent? While many of the unresolved differences you have will probably linger on for years, your priority should be helping your kids cope with the divorce.

To do this, work hard to minimize conflict between you and your ex for your child's sake. That means being supportive and avoiding so-called “loyalty traps.” Here's something that can help.

Identify potential co-parenting hazards

It is no longer standard operating procedure for Texas courts to award custody to the mother. However, fathers still face some obstacles. That's why it's essential always to put your child's needs first. Kids often get caught in the middle when parents:

1) Actively recruit a child to take their side in the divorce.

Your child loves both of you. Even if your ex cheated or exhibited other bad behavior, it's never appropriate to try to turn a child against them.

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 Posted on January 01, 2022 in Divorce

January is famously known as the month when most divorces are filed, although there's no iron-clad proof that's true. However, once the holidays are over, many Texans want a fresh start when they determine their marriage no longer works.

Whether you’re already divorced, in the process or just considering if it's the right time, it's likely one of the most stressful and sad experiences of your life. But, just as New Year's signifies rebirth, there are things you can do to shift the focus from the pain to future opportunities.

New Year. New You!

Most of us make New Year's resolutions to lose weight, exercise more and be healthier. Many times, those last only a few weeks. But positively coping with divorce can make 2022 and beyond healthier for you and your family. Here are eight divorce resolutions to consider:

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