Category: Family Law

When parents go through a divorce, they are naturally concerned about how this process will affect their children. If your marriage is over and you will be starting the divorce process soon, you probably want to know how you can protect the best interests of your children and what your custody and visitation order will be like. You may also have concerns about child support and your financial obligations.

Divorce has serious financial implications for both parents. Whether you have to pay child support or you will receive it, it can be helpful to understand what factors play a role in how the court determines the specific amount that is necessary each month. When you know what to expect, you will be able to avoid conflicts and disputes over the support amount. 

Determining the right amount

It’s normal to have concerns about finances after divorce. However, it may be helpful to remember that the ultimate goal of any child support order is to provide what is necessary for the child to have continuity of lifestyle and his or her basic needs met. When determining how much child support is necessary or what a parent should pay, the following factors are important: 

• The income of both parents
• The cost of daycare, tutoring and other needs of the child
• Whether the child has any special needs
• The cost of insurance and health care necessities
• The child’s standard of living

The court tries to be cognizant of the paying parent’s financial capabilities. In addition to the income of both parents, the court will also look at things like taxes, Social Security contributions and more. It does not help to overburden a parent as he or she will not be able to keep up with payments. This only causes more complications down the road. The court will strive to be fair but will keep the needs of the children as the main priority. 

Your post-divorce future

As a parent, you care deeply about the needs and best interests of your children. That does not mean that you cannot pursue a child support order that is fair and sustainable long-term. If you have concerns about your financial obligations after divorce or want to know more about how much child support you may receive, you may want to seek a complete evaluation of your case with an experienced Texas family law attorney.

(California Court of Appeal) – Reversed order for juvenile reunification with parents. The trial court found that reunification was in the best interest of the children even though the children were taken away because of child abuse. The appeals court held that the trial court findings were not supported by substantial evidence.

(United States Second Circuit) – Denied. In a 6-5 vote, the panel majority declines to rehear the case en banc, holding that the Adoption Assistance and Child Welfare Act of 1980 creates a privately enforceable right for foster parents to sue states for costs related to child care. Five judges dissent.

The decision to end your marriage is often one of the biggest decisions you will ever have to make. For some people in Texas, once they have decided to divorce, they may feel a sense of relief and a desire to move forward with their lives. However, there are financial costs associated with a divorce beyond attorney and court fees that people should be aware of, so they can plan accordingly.

First, many people going through a divorce will be moving from a two-income household to a single-income household once the divorce is complete. It is important to develop a budget based on your single income. The budget should not only include living expenses, but also the cost of a new car if you need one and insurance costs, such as auto insurance or homeowner’s insurance, for example. Also, when it comes to the family home, a person should determine if they can afford homeownership on a single income before deciding whether to keep a home during the property division process.

In addition, it is important that the results of the property division process are fair. Couples should consider both tangible and liquid assets when determining their needs post-divorce. Couples should also understand the tax consequences of retaining certain assets. In addition, if possible, shared debt should be paid in full before the divorce is finalized, as any remaining debt will also need to be split between the couple.

These are only some financial considerations those going through a divorce should keep in mind. Sometimes the decision to divorce is best for you and your ex-spouse, but it should be understood that your life will change financially during the divorce process and after the divorce is finalized. With careful planning, it is possible to ensure you stay financially secure post-divorce.

Many entrepreneurs in Dallas, before finding love, grow a successful and profitable business. So, when these individuals do decide to get married, one step they may want to take is to execute a prenuptial agreement, known as a premarital agreement in Texas, to protect the business they spent so many months or years cultivating.

In a premarital agreement, couples can decide whether they want the business to remain a separate asset, or whether it should become marital property. This is significant, because if a couple divorces, their marital assets will be split between them during the property division process. If a couple decides to execute a prenup that will include a business, there are certain steps they may want to take.

First, it is important to ascertain what the business is worth at the date of the couple’s marriage. This not only records what the business is worth as separate property, but also serves as a starting point for determining whether any increase in value the business sees during the marriage should be deemed marital assets. Similarly, in a prenup couples can decide whether they will share in the company’s profits and losses.

Prenups can also include provisions on how they will determine what the business is worth at the time of divorce. Some couples decide each spouse will retain a certain percentage of the company should they divorce, and this too can be included in the prenup. Finally, a prenup can detail how income made by the business will be distributed — will spouses get a salary that could be considered marital in nature or will the funds be kept as part of the business?

These are all important points to keep in mind if you are executing a prenup and own a business. However, this is only a basic overview of this topic, and does not provide legal advice on prenups or property division in your specific situation. Couples who need more information about premarital agreements and property division in Texas will want to seek the professional help necessary to have their questions answered.

(California Court of Appeal) – Order terminating parental rights and freeing child for adoption was reversed and remanded for determination of whether the child is a Chukchansi Indian. If child found to be an Indian child as defined by the Indian Child Welfare Act, juvenile court ordered to proceed in accordance with ICWA.

(California Court of Appeal) – Reversed. Held that a legal guardian’s occasional methamphetamine use outside of home and while child was in the care of another adult does not support dependency jurisdiction under Welfare and Institutions Code section 300.

(California Court of Appeal) – Reverse order. Santa Clara County Department of Child Services brought a motion to adjust father’s child support payments to make up for arrears. The trial court granted the County’s motion but awarded credit to the father for period of incarceration. The County appealed on the grounds that trial court lacked authority to retroactively adjust father’s arrears. The appeals court agreed and reversed in part.

August is here, and children in Dallas are preparing to go back to school. For children whose parents are divorced, this time of year can be more complicated than for those whose parents are not divorced. Beyond deciding who will pay for a new backpack, shoes and other school supplies, decisions need to be made about who will be the primary contact person for the school to call should a problem arise. And, some fathers report that even if they co-parent with their ex, they are being left out of the loop when it comes to their child’s education.

According to one researcher, divorced fathers, specifically those who live with their child less than 50% of the time, have a difficult time being involved in their child’s education. Teachers and administrators often turn first to the child’s mother, sometimes leaving the father entirely in the dark.

When information is sent home from school, sometimes it is only sent to one parent — the parent with whom the child lives most the time. This means that nonresidential fathers may not know about their child’s grades, school events and other aspects of their child’s education.

Thus, divorced parents should inform their child’s school that they both need to be informed about their child’s progress and school events. In addition, the noncustodial parent can email or text their child daily to find out how their day at school was. A child custody order can be developed during the divorce process that outlines how schools are to contact each parent and what events the parents will attend together with regards to their child’s education. Having a detailed parenting plan that respects fathers’ rights can allow fathers to play an active role in their child’s education.

(California Court of Appeal) – Affirmed. The juvenile court awarded joint custody to the father and mother as part of an order terminating dependence jurisdiction. The father challenged the decision on the grounds that the mother engaged in acts of domestic violence against her male companion. The appeals court held that Family Code section 3044 does not apply to dependency proceedings and that the award of joint custody was not an abuse of discretion.