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4 things every divorcing parent should know about child support

 Posted on July 09, 2019 in Family Law

If you’re a parent who is heading toward a divorce, child support may be your biggest worry — whether you expect to pay it or receive it.

Here’s the most important piece of advice you need to hear about child support before you start making any plans: Your situation is unique. You cannot base your expectations on anyone else’s divorce and child support obligation. The smart thing to do is to talk to a family law attorney about your situation before you develop any expectations for the future.

That being said, there are at least four things every divorcing parent should know about child support:

1. Child support doesn’t affect your taxes

Under the current laws, your child support payments do not reduce your tax liability if you are a payer. They also do not increase your tax liability if you receive support.

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How can you make shared custody workable?

 Posted on July 03, 2019 in Child Custody

Shared custody is rapidly becoming favored by judges in family courts everywhere — but parents are often leery about making it work. After all, it’s hard to envision working with your ex-spouse on a regular basis (even if it is for the benefit of the children) when you can’t stand to be under the same roof together.

You can make it work.

Here are some of the top tips that experts recommend to couples who are learning to navigate the parenting waters after their divorce:

Separate your marital issues from your parenting issues

Remember, someone who makes a bad husband or wife can still be an awesome mother or father. Agree that when you’re talking about the kids, you will only talk about the kids and your parenting concerns — never about your marriage or divorce. If you must discuss marital issues or the divorce process with your child’s other parent, set up an independent meeting (without the kids around) to do so.

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Deadbeat parents are publicly identified in Texas

 Posted on June 26, 2019 in Family Law

A total of 16 “deadbeat” parents — including 14 fathers and two mothers — have been publicly identified by the Texas Attorney General’s Office for failing to provide financially for their children. Combined, they owe an incredible $1.2 million in unpaid support for their children. Six of those parents owe more than $100,000 each.

The state released the parents’ names and photos in a media statement just in time for Father’s Day — an intentional effort to draw attention to the serious way that the state regards the failure to live up to a child support obligation.

If you’re owed child support, here are some of the most important facts you need to know:

1. A lack of income does not excuse a parent’s child support obligation. If a parent is unable to pay the support he or she owes, it is up to that parent to approach the court to ask for a modification order.

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What happens to student loans when you get divorced?

 Posted on June 21, 2019 in Divorce

When you got married, you dreamed of building a life together with your spouse. Since divorce wasn’t even something you considered, you adopted the “share and share alike” mentality that’s common for newly married couples.

Now, however, your marriage has crumbled, and you have been spending some sleepless nights anxiously worrying about what happens to certain things — like student loans — after you’re divorced.

Well, here’s what you should know about student loan debt and divorce in Texas:

Each spouse keeps the loans they had prior to marriage

If you and your spouse met at college and got married after graduation, each of you will likely walk away with your own student loans to handle. Debt acquired before a marriage is considered separate debt — not marital debt.

Any loans acquired after your marriage will have to be divided

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Do I have to allow visitation if child support is not paid?

 Posted on June 19, 2019 in Firm News

One big source of conflict between divorced parents in Texas involves child support and visitation. Once the courts establish which party is to pay child support and receive visitation rights and which is to retain custody, it is up to both guardians to abide by the court order. Some co-parents believe they have leeway when it comes to child support and visitation. What they fail to realize is the rulings made by the courts are not suggestions. They are legally binding commitments.

One parent cannot personally penalize the other parent for not upholding her or his end of the arrangement by withholding access to the kids. There are legal penalties for not adhering to child custody, support and visitation orders.

Purpose of child support and visitation orders

The courts recognize that children fare best with the involvement of both parents in their lives. They structure child support, custody and visitation orders to reduce the psychological and economic effects of the divorce or separation on kids and ensure both parental units remain as involved as possible. Parents may not agree with their child support, custody or visitation orders, but they are legally bound to honor them.

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Coping with your grief following divorce takes time

 Posted on June 13, 2019 in Divorce

Some people are absolutely thrilled to get divorced — but most people experience real grief at the end of their marriage, even if it was a short one.

The end of a marriage generally represents the end of all the dreams you built up of life with that person — and entire future that suddenly vanishes before it could ever become a reality. It also leaves you with a mixture of memories that are both good and bad times with that person and a history that has a real emotional impact on your way of being as you move forward.

Overcoming your grief at the end of your marriage takes time and plenty of energy — which is why it is often best to put as many of the practical details of your divorce in the hands of your attorney. That way, you can focus on regaining your sense of self and your personal identity without as many distractions.

In addition, here are some other ways you can cope with the feelings you’re experiencing:

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What’s up with Millennials and divorce?

 Posted on June 06, 2019 in Family Law

Millennials are a generation of people who seem to have learned from the mistakes of others — and that’s probably why the divorce rate is declining.

Here’s how these “children of the modern age” approach marriage differently than their parents and grandparents did:

They’re waiting longer to get married in the first place

Some of the reason that Millennials are waiting longer to get married — most are nearing 30 years of age when they marry (if they marry at all) — are no doubt the problems that many have with student loan debt and coping with a world in which wages have not kept pace with inflation.

However, a lot of them are waiting longer to get married simply because they want to be absolutely sure they’re marrying the right person. The average Millennial couple that marries has been together 4.9 years before they tie the knot. This is not — by any means — a generation in a rush to commit or one that believes in love at first sight very easily. They take their time to get to know the other person with the full understanding that it’s much easier to just break up than get a divorce.

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Avoiding the ‘Disneyland Dad’ syndrome

 Posted on May 31, 2019 in Child Custody

When you got divorced, you probably promised yourself that despite your busy schedule that made it impossible for you to handle equal custody of the kids that you wouldn’t be one of those “Disneyland Dads” who swept in on the odd weekend for a great time — then turned the real parenting over to your children’s mother.

Unfortunately, it can be easier to fall into that trap than you realize. When you feel marginalized when it comes to the kids, you want every moment with them to be positive, and that’s hard to do if you’re really parenting. It can be far sweeter to just shower them with affection and material things rather than deal with the awkward, painful reality of moody, exasperating and sometimes, frustrating kids.

Here’s what you need to remind yourself — daily — until you get it ingrained:

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What happens when a divorce is contested?

 Posted on May 23, 2019 in Divorce

Years ago, if you wanted a divorce, one spouse had to prove that the other spouse had done something worthy of divorce in the eyes of the law. That trapped a lot of unhappy couples in marriages that one or both no longer wanted.

Today, since Texas is a “no-fault” divorce state, you can’t be trapped in an unhappy marriage just because your spouse doesn’t want a divorce. That doesn’t mean, however, that every divorce will go smoothly. Many divorces are contested on one or more grounds.

What does it mean when a divorce is contested?

A contested divorce is one where the couple can’t agree on one or more important issues. The most common reasons for contested divorces are disagreements over:

  • Property division
  • Spousal support (alimony)
  • Child support

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How to determine the length of your divorce proceeding

 Posted on May 21, 2019 in Firm News

Divorce can be a messy process. That is why couples pursuing divorce would do well to look into various services that can help them come to a more amicable agreement. For example, one Texas woman offers co-parenting classes to couples. Even though Texas courts do not mandate such classes, they can provide a major benefit to former spouses.

Another major consideration before heading into divorce involves knowing how long the proceedings will take. Each case is different. Some couples can finish everything in a few months, while other couples will be in court for over a year. There are various factors to look at to figure out how long you can expect to debate with your spouse until you settle everything.

The mandatory waiting period

Divorces in Texas cannot receive full finalization until 60 days after initially filing the divorce paperwork. It is possible for a judge to waive this waiting period, but those instances are few and far between. Knowing that you have at least 60 days before you can divorce fully, you should use that time wisely to get as much settled as possible.

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