Posted on October 03, 2017 in Blog

The question of spousal maintenance, or alimony, can pose a significant concern in many Texas divorces. Higher earners worry about having to pay a large chunk of their income for the foreseeable future, while lower earners may have questions about what to expect.

Couples may sidestep litigating this issue by having an agreement in place, whether stemming from a prenuptial agreement or divorce negotiations. Unlike child support, a valid agreement can settle the question of spousal maintenance in any way the divorcing couple sees fit. When the issue of spousal maintenance comes before the court, Texas law sets forth a two-step process to determine whether one of the spouses should get maintenance, how much and for how long.

Determining eligibility

First, the court needs to see whether the requesting spouse is eligible. To meet the requirement, this spouse must lack the property to support reasonable and minimal needs after the divorce decree is final. Thus, if a spouse has a fairly low income but will receive substantial property in the course of property division, he or she will be ineligible for maintenance.

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 Posted on September 29, 2017 in Divorce

For many Texas couples, an uncontested divorce is not an option. Perhaps the two spouses cannot come to an agreement on the elements of their divorce. Other times, the couple may have extensive and complicated assets that make it difficult to go the uncontested route.

As divorce attorneys serving San Antonio residents, we usually advise our clients to choose an uncontested divorce whenever possible. This option offers many benefits including:

• Costs less than a contested divorce
• Concludes faster than contested divorces
• Reduces the conflict between spouses
• Protects the privacy of all parties

Many of our clients feel it is impossible to divorce uncontested. In our client consultations, we like to point out the benefits and encourage the spouse to talk about these benefits with the other spouse. Often, the two parties can agree to pursue an uncontested divorce when they truly understand the advantages.

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 Posted on September 21, 2017 in Family Law

One area of family law that has gotten a lot of attention in recent years is the premarital agreement, which is also known as the prenuptial agreement. The extra attention might be because celebrity weddings and divorces invariably involve a prenuptial agreement of some kind.

Many years ago, these agreements, also called prenups, were only for rich and famous folks. However, modern San Antonio couples with little or no wealth have opted to sign prenuptial agreements before they get married. If you are wondering why a couple with practically no assets might enter into a prenuptial agreement, you are not alone. The following section will list a few pros and a few cons, which can help shine a little light on the subject.

The Pros:

• Identifies what is separate property and what is marital property should divorce occur
• Reduces the potential for conflict if the couple divorces
• Identifies any special arrangements between the two spouses
• Identifies what is separate debt to prevent sharing debt liability if divorce occurs

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 Posted on September 15, 2017 in Child Custody

Texas law does things a little differently than most states when it comes to child custody. First of all, child custody is instead known as a child conservatorship. These conservatorships are generally split into two types: joint managing conservatorship (JMC) and sole managing conservatorship (SMC). These, in simple terms, refer to whether a parent is the only custodian of the child in question, or whether the other parent also is a custodian of the child jointly.

This blog will provide a brief overview into how child custody works in Texas, and what rights a person has as a conservator.

The rights of a conservator

A conservator generally has the right to have information about the child in question, whether it’s in relation to medical records, parent-teacher meetings, psychology appointments or dental records. In the same way, a conservator is also able to give consent in relation to all of these points, including emergency medical treatment.

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 Posted on September 08, 2017 in Divorce

Getting a divorce when you or your spouse serves in the armed forces can be complex. However, you can simplify the process by learning the laws surrounding a military divorce. This equips you to enter into the divorce prepared to face and overcome any obstacles that might otherwise block your path.

One of the best pieces of advice for service members and their spouses who are considering divorce is to acquire good legal representation. Doing so will remove many of the hardships typically associated with getting a divorce in the armed forces. With that said, the section below contains several additional key points of a military divorce in the state of Texas.

Jurisdiction: A common misconception shared by service members is the belief that they can divorce anywhere in the nation. Instead, a divorce must often take place in the state where the service member has legal residency. There are exceptions to this rule as described below.

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 Posted on September 02, 2017 in Blog

Sometimes you do not get as much visitation or custody as you want. In certain cases, you get supervised visitation. You know these visits can be difficult regardless of how excited you are to connect with your child. With a third party observing everything, you might feel awkward or inhibited. These visitations may also take place in unnatural settings.

However, you do not need to dread each visit. You can do some simple things to make these interactions easier and more fun for everyone involved.

1. Get creative

You do not need to just sit around and have a dull conversation with your child. Why not bring a board game to play next time? You could also bring some crafts to make. There is nothing better than food, so you could also make a fun snack with your child. These activities are simple but can provide plenty of laughter and enjoyment for you and your child.

2. Follow the schedule

If you only have supervised visitation, you need to make every second count. Adhere to your visitation schedule as best as you can. Do not cancel your visits unless there is an emergency, and try your best to be punctual every time. Show up on time or even a few minutes early to show you care.

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 Posted on August 31, 2017 in Family Law

For those who think that family law courts do not punish those who refuse to pay child support, a recent Texas case may give you hope. Earlier this month, a judge with the 347th District Court ordered that a Texas father be taken into custody because he has not paid child support.

A separate news source indicates that the man owes approximately $130,000. This amount includes $87,000 in back child support payments, $45,000 from an earlier ruling and additional funds to cover medical expenses. Even though the man agreed to pay the owed support, the judge still ordered that he be taken into custody.

In addition to ordering the father’s arrest, the judge spoke to him at length about his parental responsibilities. Her remarks were harsh and to the point, including statements about how court orders are “not suggestions” and that she would make him “financially responsible” for his son. She also asserted how the man’s child had the right to be supported financially “by the person that brought him into this world.”

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 Posted on August 21, 2017 in Family Law

“Everybody needs to pay child support and take care of their children. That’s the job, no matter who you are,” said the attorney who has been representing A.B. Quintanilla’s ex in a child support case against the musician.

Quintanilla, 53, is the brother of the late Tejano singing phenomenon Selena Quintanilla. He is a former member of her group, Selena y Los Dinos, and a founder of Los Kumbia Kings and Elektro Kumbia. Until last Wednesday, he was also a member of the Nueces County Sheriff’s Office’s Top 10 most wanted for nonpayment of child support and contempt of court, according to KSAT 12 San Antonio.

He is no longer on that Top 10 list. At a hearing on Aug. 16, he agreed to pay $87,000 in child support arrears, $45,000 for a previous order, and medical expenses for his son — for a total of $130,000, according to MySanAntonio.com.

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 Posted on August 16, 2017 in Child Custody

During the course of a family breakdown, it is likely that there will be disagreements. However, while there may be hard feelings and an occasional heated discussion, the majority of child custody disputes will not escalate into threats or intimidation. Whenever San Antonio families find that they are unable to resolve an issue, they may wish to seek the input of a neutral third party.

Recently, one father resorted to contacting the police in regards to an alleged threat he received from another man. According to his account, he arrived at the home of his child’s mother in order to return their child to her care. Though the details of what transpired are not clear, another male in the home at the time purportedly threatened the father. The father claimed that the other male displayed a handgun and proceeded to point it at him.

The victim claimed that the intimidation tactic was related to an ongoing custody issue he had with the child’s mother. After the man displayed the weapon, the father quickly exited the residence and then notified the police after leaving the area. Officials responded to the address, but the man was no longer at the home. Authorities have yet to locate the man and have warned the public that he should be considered a threat.

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 Posted on August 11, 2017 in Child Custody

If you are a newly divorced Texas resident with school-aged children, the upcoming school year might prove challenging, especially if you and your children are already feeling anxious about school. Remember, it is a new situation for everyone and adjusting to all the changes is not always an easy endeavor. Even with a well-planned child custody arrangement, it might take parents and their children time to adjust.

Fortunately, there are ways you can lessen the stress and anxiety for all with a little preparation. As long as you and your co-parent are willing to tackle the challenges cooperatively, it is possible to make the necessary transitions go a little smoother. Use the tips provided below to help your family survive and thrive in the new school year.

• Speak with teachers: Inform your child’s teachers about the family situation so that they can provide appropriate support for your child.
• Know your child’s schedule: You and your co-parent should be familiar with your child’s school schedule in order to avoid conflicts and keep things running smoothly.

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