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Recent Blog Posts
Can I Make My Ex Pay Me Child Support if He Gets Fired? | TX
When parents get divorced, it can be extra challenging because instead of simply breaking up with each other, they need to create a court-approved plan for how they will continue working together for their children’s benefit. One of the main issues divorcing parents need to finalize in their divorce settlement is child support: who will pay it and how much will they pay? Child support can be an incredible lifeline to parents who find themselves taking over the majority of child-rearing responsibilities and the costs that go along with them.
However, child support payments are determined based on the child’s needs and both parents’ ability to financially cover them. Like all things in life, the parents’ financial situations can change unexpectedly. If, for example, your child support arrangement is based on your spouse’s monthly salary at the time of your divorce and he suddenly gets fired, what should you do? This article will examine that scenario. For more information, speak with an experienced Austin, TX family law attorney.
Divorce is Increasing for Those Over 50 | IL
According to the most recent national statistics, approximately 40 percent of the people getting divorced these days are 50 years of age or older. Even more surprising is that the divorce rate for couples over the age of 65 has now tripled. Many of these couples are no longer willing to remain in unhappy marriages with retirement just around the corner.
While every divorce has issues that need to be addressed, issues in a "gray divorce" can be different than those of a younger couple or one who has been married for a shorter period of time. This is one reason why it is important to have a seasoned Texas divorce lawyer advocating for you and making sure your financial future is protected.
Why the Increase in Gray Divorce?
It is estimated that one out of every two women and one out of every three men currently in their fifties will live to be 90. About half of all married couples currently in their fifties will have at least one spouse who will still be alive at the age of 92. Americans are living longer, but along with that longevity, there is an almost 65 percent increase in gray divorce. Some common factors that lead to these breakups include:
Should I Have a Sunset Clause in My Texas Prenup?
While every engaged couple should consider a prenuptial agreement, they are especially important when either one or both spouses-to-be have substantial assets. A prenuptial agreement can eliminate the acrimony and contentiousness that are part of many high-asset divorces since the contract already stipulates how the division of assets and property should be addressed.
If you are planning on signing a prenup, one issue that will need to be addressed is whether or not a sunset clause should be included. The following is a brief overview of the pros and cons of sunset clauses. A Texas divorce lawyer can provide more information based on the circumstances of your situation.
What Is a Sunset Clause?
A sunset clause sets a specific date for when the prenuptial agreement will expire and no longer be valid. Some couples entering a prenup feel that if their marriage lasts for a certain number of years, it will probably last "forever," and they do not need the prenup any longer.
What Type of Schedule Can You Expect in Your Texas Parenting Plan?
One of the most critical things a Texas family lawyer must do for his or her clients is to stay informed of any changes that are made to Texas family law statutes. If an attorney is not well-versed in the most current laws, he or she is not able to provide clients with the legal representation they deserve.
The 89th Texas Legislative Session recently made significant changes to the parenting time schedules for custodial and non-custodial parents. The 2024 Texas Standard Possession Order is now in effect and requires a standard schedule for the majority of child custody situations, as long as this schedule is in the best interest of the child.
The schedules are broken into three different categories based on the distance between the co-parents’ homes. The following is a brief overview. For more detailed information and to learn how this schedule could impact your parenting time, call our office for details.
Is Parental Alienation After a Divorce Real?
Few people get through divorce without some emotional bumps and scrapes along the way. Dividing a shared life almost always involves serious disagreement, especially if spouses share minor children and even more so if spouses are angry at each other for perceived misbehavior. Despite their frustrations with their former spouses, most adults can see the situation rationally enough to understand that they should not be burdening their children with the drama, anger, and resentment of adult dynamics during and after a divorce.
Some people, however, cannot or will not protect their children from these difficult behaviors, while others actively use their children as a way to exact revenge after a nasty divorce. At Powers Kerr & Rashidi, PLLC, when our clients suspect their former spouses are turning their children against them, we take these concerns seriously. Not every suspicion turns out to be true, but if your ex is trying to alienate your child from you, you need to take action – fast. Read this blog to learn more about parental alienation and then call our experienced team of Texas child custody attorneys to find out what your options may be.
My Ex Is Giving Away Money During Our Divorce
Divorces tend to bring out strong emotions, especially when the topic of asset division occurs. Your ex may attempt to hide or dissipate assets by giving money away during your divorce proceedings so he or she does not have to split it with you. If you suspect that your ex is giving away money or otherwise hiding assets, you will need the help of a skilled Texas divorce lawyer to understand your options for stopping this behavior.
Signs Your Ex Is Hiding Assets
Giving away money before or during your divorce proceedings is a major sign that your ex is trying to hide or dissipate assets, but it is not the only indicator that your ex may be trying to keep assets from division.
Signs that your ex is trying to hide assets from you include:
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Overpaying on taxes or debts in order to claim the refunded amount once a divorce is finalized
Do Stay-at-Home Moms Automatically Get Spousal Support in Texas?
Spousal support can be a complicated topic during divorce, especially if one parent has stayed home to raise shared children through a marriage. Many stay-at-home moms think that they automatically qualify for spousal support in Texas, but there are actually several factors that determine if someone is eligible for spousal support. There are additional determiners for how much spousal support a stay-at-home mom may receive.
A skilled Texas spousal support lawyer can advocate for your rights to spousal support during your divorce.
Qualifications for Texas Spousal Support
In Texas, certain qualifications must be met for an individual to qualify for spousal support. While stay-at-home mothers may have a higher chance of proving that they meet these qualifications, it is important to note that neither spouse in a divorce will automatically be awarded a certain amount of spousal support.
Do Protective Orders Mean Losing Child Custody?
Child custody is a topic that comes with high emotions, and the division of possession (visitation) and conservatorship (decision-making responsibilities, or custody) is often one of the most contested parts of a divorce. If a protective order has been issued, the parent to whom the protective order applies will almost certainly see his or her child custody reduced or terminated altogether. Once a protective order is filed, it can be difficult to regain child custody.
An experienced Texas child custody lawyer can help you understand your next steps if you are dealing with a protective order during your divorce.
Protective Orders and Your Divorce
Protective orders in Texas are typically filed in response to allegations of imminent threat of harm or danger. When a protective order is filed during divorce, it can significantly impact the outcome of divorce proceedings, including the division of child custody and the allocation of spousal support payments.
How Is Investment Real Estate Handled in a Texas Divorce?
A divorce is challenging enough, but when the issue of investment real estate arises, things can become even more complicated. During a divorce, your assets and property will be subject to division, and this will include any investment real estate you and your spouse purchased during your marriage. To understand how investment property might be divided in your divorce, and to ensure your interests are protected throughout the entire divorce process, speak with a skilled Texas property division attorney.
How Is Real Estate Divided in Texas?
Texas is a community property state, which means that most property acquired during a marriage is seen as equally owned by both spouses and will be subject to division, even if only one spouse’s name is on the paperwork.
How Do I Protect My Assets in a Divorce?
Divorce is a stressful process, especially if you have multiple assets or high net worth assets that you want to protect. It can be difficult to navigate the divorce process while trying to keep your business or other important assets intact, which is why the experience of a Texas divorce attorney is essential. Your divorce lawyer can advocate for a fair division of assets during your divorce.
Am I Required to Split My Assets in a Texas Divorce?
In Texas, community property laws determine how couples will split their assets during a divorce. In general, assets that are acquired before a marriage occurs will be considered separate property, and these assets will not be subjected to division. On the other hand, any assets that are acquired during the marriage are typically considered marital property.
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