Posted on May 17, 2022 in Divorce

Each state, including Texas, sets its own child support guidelines that the family courts use to determine how much one parent should pay the other parent for child support. Child support is supposed to cover all the basic needs of the child – including shelter, food, and clothing. There are certain expenses for children, however, that are not automatically included in a standard child support order. One of these expenses is for education.

Education Costs

Most parents can attest to how expensive education costs have become. It is not only tuition payments, if the child attends private school or daycare programs, but even the costs for children who attend public schools can be hefty. School expenses for children can include:

• School clothes

• School supplies

• Backpacks

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 Posted on May 09, 2022 in Family Law

One of the most contentious issues between divorcing couples is child support. The parent who receives the support often thinks the amount the other parent has to pay is not enough to cover all the actual expenses of the child, while the parent who has to pay often thinks they are paying too much and questions where the money is going. While the judge is the one that makes the final decision on how much child support should be paid, many parents are still unsure what child support is actually supposed to cover.

How Child Support Works

When parents divorce, they must consider certain issues regarding the children. These issues include child custody and parenting time. Whether or not child support will be paid and which parent will pay is a decision made by the court and usually depends on the amount of time the child will spend with each parent.

Child support is supposed to cover certain expenses, while other expenses usually need to be addressed separately in the parenting agreement. These extra expenses may include childcare costs, medical insurance and medical expenses, extracurricular activities, and sports. Future college tuition is also an issue that should be addressed during divorce negotiations.

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 Posted on April 28, 2022 in Family Law

The old expression, “once bitten, twice shy,” probably sums up how many people feel after going through a divorce. Couples may enter a first marriage without considering how life’s realities can affect a relationship. Finances, children, in-laws, and jobs are all issues that can overshadow the romantic side of marriage.

People who go through a divorce typically have a much more realistic view of what a second marriage may hold. This is especially true for those who have gone through a messy divorce — one which may have involved drawn-out negotiations over marital assets and other finances. Therefore, when a divorced individual considers remarriage, there are several questions they should discuss with their potential spouse. Starting out on the same page can go a long way in avoiding another trip to divorce court. The following are some important issues to address before a second marriage

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 Posted on April 25, 2022 in Family Law

One of the most difficult decisions that needs to be made in a divorce is how custody or parenting time will be divided between the parents. Every parent who is in this situation wants to do what is best for their child and make sure they come through the divorce process with as little emotional upset as possible. How parents handle custody issues, and how they communicate these issues with each other, goes a long way in how secure and stable a child feels following the divorce.

There are several different ways that custody can be decided. In the best circumstances, the parents will be able to negotiate an agreement the court will approve. If this cannot be done, the court will make the final decision based on the best interest of the child doctrine, regardless of how much each parent may object. The following is a brief overview of different custody arrangements.

Traditional Two-Home Custody

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 Posted on April 18, 2022 in Family Law

After a spouse has passed away, the widow(er) may feel that he or she will never find love again. And then suddenly, love strikes when least expected. The couple may even decide to get married. However, in the midst of all the wedding and honeymoon planning, there are a number of financial issues – including a prenuptial agreement – that the couple should address with an Austin family law attorney.

What to Consider Before Saying “I Do”

Although the number of older Americans who are finding love later in life has increased each year, marriage of these individuals has been stunted due largely to the fear of what a remarriage would mean financially and legally for the couple. The legal and financial ramifications become more difficult when there are children and grandchildren involved, and when the individuals are receiving survivor benefits from the first marriage to the deceased spouse.

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 Posted on April 08, 2022 in Divorce

In our prior post, we discussed the red flags to watch for that could mean your spouse is committing financial fraud in order to prevent you from getting your fair share of marital assets in your divorce. In this post, we will talk about some of the steps your divorce attorney can take to make sure your spouse is not successful in his or her attempt to hide assets from you.

What to Do If You Suspect Financial Fraud in Your Divorce

Having a seasoned divorce attorney advocating for you is critical when it comes to protecting your rights in a divorce, especially when a couple has substantial assets, like the family home, bank accounts, retirement accounts, pensions, and more. During the divorce process, each party must complete financial affidavits that list their monthly income, assets, debts, and monthly expenses. These documents are filed under the penalty of perjury, however, that caveat does not always deter a spouse who is determined to commit financial fraud.

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 Posted on March 29, 2022 in Divorce

As many people who have gone through a divorce can attest, when a couple has decided to end their marriage, the relationship between the two of them is usually pretty strained. Often, there is anger, frustration, hurt, and other emotions that can make it difficult to communicate with each other in order to negotiate a satisfactory divorce settlement. There can also be strong feelings of distrust, especially if one of the spouses was having an affair or engaged in some other behavior that leaves the other spouse feeling betrayed. This contentiousness can lead to financial fraud by one spouse in an effort to deny the other spouse their fair share of the marital estate.

In this post we will address the warning signs to watch out for that could indicate your spouse is committing financial fraud. In our next post, we will discuss some of the steps you can take to make sure your best interests are protected.

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 Posted on March 24, 2022 in Family Law

When a couple gets divorced, there are certain issues that they must either come to an agreement on or the court will decide for them. If the couple has children, then one of those issues is child custody. Once the court has handed down custody decisions – either with or without the parents’ agreement – the position of the court is that the child custody order will stay as is unless there is extenuating circumstances that would warrant a change. Otherwise, it is highly likely that there would be parents who would be filing frivolous motions in an attempt to have the court issue a custody modification.

Although the courts do not make it easier to obtain a modification, it is important that any parent who has legitimate concerns about the current custody situation consult with an experienced child custody attorney to find out what legal options they may have.

Filing a Motion to Modify

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 Posted on March 15, 2022 in Divorce

Not every married couple who decides they do not want to live with their spouse files for divorce. There are couples who make the decision to separate either before or instead of filing for divorce. There are several reasons why this may be more beneficial than immediately filing for divorce. The following is a brief overview of what some of the benefits are, however, an Austin family lawyer from our firm can evaluate your situation to see which option is the right one for you.

Reasons for Separating

When a couple is separated and no longer living together, they are still legally married even if they are living apart. They may be living entirely separate lives; however, neither spouse is free to marry anyone else. However, there are benefits this separation can offer a couple.

The couple can continue to enjoy some financial benefits living apart instead of divorcing. For example, if one spouse covers the other spouse under their employer’s health insurance, this arrangement could continue indefinitely if the couple is separated. If the couple divorced, the insured spouse would no longer be covered.

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 Posted on March 04, 2022 in Family Law

If you are going through any type of child custody action, you have likely heard the phrase, “the best interest of the child.” This is the legal doctrine that family court judges decide how child custody should be determined. The child’s happiness, well-being, and safety are the factors that help determine how much parenting time and decision-making each parent will have. The following is an overview of what the judge will look at when deciding on child custody.

Definition of Best Interests

Some of the most common factors the judge will examine when considering how custody will be divided include:

• Each parent’s role in the child’s life and each parent’s caretaking duties are and were when the couple was together

• Each parent’s relationship with the child and how much time is needed to keep maintaining that relationship

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