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?
Read More “How does Covid-19 and the Stay-Home orders affect children with two homes?”
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. Read More “The Coronavirus Conundrum: Spring Break – To Return or Not to Return?”
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. Read More “What Is A Drive-By Mediation?”
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. Read More “Child Support and High-Income Earners”
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. Read More “Co-Parenting During The Holidays”
Preparing for a Divorce
Going through a divorce can be both a financially and emotionally stressful process. Proper planning may help to minimize some of the stress involved and allow you to maintain some control during an uncertain and difficult life event. Read More “How To Prepare For A Divorce”
Who Really Needs a Prenup or Postnup?
Recently, a person in a contentious and expensive divorce told me they had no prenup because a lawyer said they didn’t need it. This person specifically asked about a prenup before marriage and a lawyer said it was unnecessary. I was shocked! I had no idea some attorneys still think that. Read More “The Ultimate Guide To Myths And Misunderstandings About Prenups & Postnups”
Sometime before the wedding, many couples consider drawing up a prenuptial as part of the wedding planning process. To put a document like this in place is usually not done out of distrust for a potential spouse, but for the protection of yourself and your current or future children. One of the most common prenuptial questions asked by engaged couples is, “Can children be written into a prenup?” Read More “Can Children Be Written Into A Prenup”
Dealing with a business can be the most difficult part of property division in divorce. It’s not a good idea for former spouses to be in business together; most businesses cannot be split and divided; and putting a value on a business may be expensive and often speculative. Read More “What Happens To A Business In Divorce?”
When Divorce is Unexpected
Some painful life events are expected. Deep down, we expect to bury our parents. Everyone knows their spouse might be the first to pass on. Some, as their marriage remains in trouble, think about divorce. Others are shocked when their spouse decides to divorce. Part of what makes divorce so painful is that it’s unexpected, even at the deepest level. People expect to remain married for life. Read More “Facing An Unwanted Divorce”