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25 Apr Everything to Know About Dividing Retirement in Divorce – Qualified Domestic Relations Orders (Qdros)
[vc_row css_animation="" row_type="row" use_row_as_full_screen_section="no" type="full_width" angled_section="no" text_align="left" background_image_as_pattern="without_pattern"][vc_column][vc_column_text]How To Divide Retirement in Divorce Without Taxes or Penalties
A common issue in divorce is how to divide a retirement plan without incurring penalties or owing taxes. Under Federal legislation known as ERISA (the Employee Retirement Income Security Act of 1974) a state court may order a retirement plan in another state to pay benefits directly to an employee’s former spouse. Under ERISA, a Qualified Domestic Relations Order (QDRO) issued by any state court must be honored by a qualified retirement plan regardless of which state the plan is administered in. Some executive level plans are exempted and may ignore a QDRO, but these are rare.
08 Jun Mediating Divorce With One Lawyer
At McNamara Law Office, PLLC we offer mediation unlike that conducted by most lawyers. When spouses cannot agree how to divide their estate or what to do with children, we offer mediation before a divorce is filed without requiring each spouse to have a lawyer.
10 May What Exactly is a Standard Possession Order?
A Breakdown of the Texas Standard Possession Order
What is a Standard Possession Order (SPO) in Texas?
The Texas Legislature has made clear in the Texas Family Code §§153.3101 through 153.317, that a Standard Possession Order (or SPO) is in the best interest of the child. This is a presumption that may be rebutted if not in the child's best interest. While many parents know generally what a Standard Possession Order entails (every other weekend, alternating holidays, etc.), the particulars are often unclear.
03 May We’re Divorcing, We Have A Sizeable Estate But I Don’t Know The Details
It’s not unusual in a divorce for one spouse to realize they know little about the finances. More often it’s a wife. Sometimes, she manages household finances and pays bills, but the other spouse knows about the investments, retirements and business interests. Sometimes, one spouse manages all household finances, including paying bills, and the other knows nothing about income, expenses, retirement or investments.
25 Mar How does Covid-19 and the Stay-Home orders affect children with two homes?
A lot of questions have been asked about how the emergency measures related to Covid-19 affect child custody orders. Must a child be turned over at the time in a court order when there are emergency stay-home or shelter-in-place orders?
18 Mar The Coronavirus Conundrum: Spring Break – To Return or Not to Return?
Must a Child be Returned when Spring Break was Supposed to End if School Does Not Resume?
With the Coronavirus pandemic hitting our country at the time many school districts are recessed for the Spring Break holiday, many parent conservators are wondering whether they must return the children to the other parent after learning the break has been extended for an additional week or more. The simple answer is, it’s not a simple answer.
25 Feb What Is A Drive-By Mediation?
A drive-by mediation is where parties to a family law dispute meet with a mediator to confirm an existing agreement. Unlike most mediations, which are convened to resolve differences, a drive-by mediation is used to cement an existing agreement. For information about traditional mediation click here. The term “Drive-By Mediation” is used because the agreement is already made, and the mediation is a short formality to make it enforceable and irrevocable. Bargaining and negotiation are not part of a drive-by mediation. It is not a legal term, but a nickname created by the legal community.
29 Jan Child Support and High-Income Earners
Child Support is Based on Net Monthly Income
In Texas, child support is calculated based on the payor’s (or obligor’s) net monthly income. The Texas Family Code states that net income is to be calculated by “subtracting from gross income social security taxes and federal income tax withholding for a single personal claiming one personal exemption.” Tex. Fam. Code §154.061(b). This means that simply attempting to calculate one’s child support obligation based on his or her take home pay is a mistake. Payments for monthly health insurance premiums, 401(k) contributions, and other payroll deductions not specified in the family code will be included for purposes of calculating one’s net monthly income. In addition to wages and salary, rental income, retirement and annuity income, disability, unemployment, and gifts are all considered income for purposes of calculating child support.
02 Dec Co-Parenting During The Holidays
Although it can be difficult any time of the year, co-parenting during the holidays can be particularly challenging for separated parents. Holidays are typically filled with family-based events during which most parents like to have the entire family together. However, if the spouses are separated it can unintentionally create frustration and anxiety for children that feel torn about spending time between two parents.
Google Reviews
My husband and I had the privilege of being represented by attorney Aaron Wallace who was assisted by paralegal, Janette Gama, in our 2.5 year long custody battle. Aaron was phenomenal in educating us on the Texas Family Laws and kept us informed throughout the entire process. Aaron’s expertise helped guide us on decision-making and court processes. Janette worked diligently to keep all exhibits organized and communicated any updates regarding the case in a timely manner. We were truly blessed to have had such an amazing team who were devoted to upholding justice and fair/equal parenting rights. Most importantly, Aaron persistently presented the children’s best interest to the judge and successfully achieved favor in granting my husband equal parenting time that not only he deserved, but that the children deserved as well. Our family is beyond happy with the outcome of this matter and we are forever grateful for the time and effort that Aaron poured into helping us get to this point. Thank you all so much for everything you all did for our family.
High integrity, smart, and hard working. You want Brian McNamara on your side.
I cannot express enough how grateful I am for the incredible support and guidance I received from McNamara Law Office. They truly care about their clients and go above and beyond to achieve the best outcomes! Highly recommend!
Brian, Amanda, and Renee provided excellent guidance and legal support when it was most needed. I highly recommend their timely and professional services.
I wanted to take a moment to express my gratitude for your exceptional work. Your dedication and efficiency have not gone unnoticed, and I truly appreciate your commitment to excellence. Thank you for consistently delivering quality results in such a timely manner!! Mr. McNamara finished my paperwork in 2 days and I appreciate all the support I got from everyone in the office!! Thank you All !!
McNamara Law Office is exceptional andincredibly attentive and detail-oriented, making sure every aspect of my case was thoroughly addressed. Their professionalism and dedication to my case were outstanding, and I felt supported and well taken care of throughout the entire process. I am grateful for their expertise and would not hesitate to turn to them for future legal matters.
An amazing, knowledgeable and professional team. I highly recommend McNamara Law Office.
These people are amazing. They are helping my family through the worst event of our lives and I really couldn’t ask for a higher degree of professionalism and care. They are razor sharp and completely transparent about cost as much as possible.They are not cheap and there are no guarantees but I believe they are absolutely worth it.You get what you pay for.
Aaron has helped guide us through one of the most trying and difficult times in my family’s life. Throughout this entire journey Aaron has remained realistic, professional, and has truly cared about our families needs. Aaron was able to help us settle our case in mediation while giving us peace of mind. The professionalism and organization of The McNamara Law Firm was superb! Paralegal J. Gama always held her self in a professional, courteous and educated manner. We are truly grateful for their help and guidance. We will definitely choose Aaron again should we need to seek legal counsel in the future.
