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Recent Blog Posts
Relative Adoptions in Austin, Texas
The adoption process in Texas is far from being cut-and-dry. Each adoption is unique depending on the adoptive parents, the adoption type, and the birth mother. In some cases, relatives, such as aunts, uncles, and grandparents, may take over a child's care if the biological parents are unable or unwilling to do so. Relative adoption with or without parental consent requires court intervention so the court can determine the child's best interests first.
Stepparent Adoption
Stepparent adoption is a significant step for a blended family. Parents can start the process by petitioning for adoption and getting the child's consent (if the child is older than 12). If the biologial parents are both living, they must both consent to the adoption.
Open Adoption Versus Closed Adoption
Enforcement and Modification of Divorce Orders: What You Need to Know
Divorce decrees become legally binding agreements that govern the actions of both parties involved in a divorce. While the end of the divorce proceedings can be a welcome relief, it doesn't necessarily mean the legal issues surrounding the divorce are over. Situations may arise where one party is not complying with the orders or the orders need to be modified due to a change in circumstances.
In this guide, we will discuss what you need to know about the enforcement and modification of divorce orders.
Enforcement of Divorce Orders
When one party fails to follow the terms of a divorce order, the other party can take legal action to enforce the order. Some common issues that require enforcement include failure to pay child support or spousal support, failure to comply with child custody arrangements, and failure to divide marital property as per the order.
Creating a Successful Parenting Plan: Tips and Strategies for Co-Parenting
The Texas law on child conservatorship encourages parents to share the duties and rights of raising their children after separation or divorce. In simple words, this is known as co-parenting. While co-parenting is a challenging task, it is often essential for the well-being of children whose parents are no longer in a romantic relationship. In this article, we will discuss some tips and strategies for successful co-parenting.
Be Flexible
Being flexible is a key strategy for successful co-parenting. Be willing to adjust your schedules, routines, and plans to accommodate your co-parent and child's needs. Flexibility shows your child that you're committed to co-parenting and that you're willing to put their needs first. Also, be open to compromise and find solutions for everyone involved.
Keep Your Child's Best Interests in Mind
Addressing Investment and Retirement Accounts in Divorce
Many people in the state of Texas remain unaware that their retirement and investment accounts may be subject to division in the event of a divorce. In many divorce cases in Texas, retirement and pension accounts make up a major portion of marital assets, so it is important to understand how these assets may be divided.
Types of Retirement Accounts
There are typically two types of retirement accounts:
Defined Contribution Accounts
Defined contribution accounts are accounts in which a spouse makes a monetary contribution. The benefits of the account are based on the contributions made to the account and any investment returns on the money saved in the account. 401Ks and individual retirement accounts (IRAs) are two types of defined contribution accounts.
If the contributions to the account were made during the marriage, the contributions would be considered community property.
Child Custody and Relocation: Understanding the Impact on Your Children
Child custody and relocation are two highly complex issues that can greatly impact the lives of children involved in a divorce or separation. Following a separation or divorce, Texas courts often encourage joint conservatorship so both parents share rights and responsibilities in raising their children. Parents considering relocation must understand the potential impact it may have on their child custody arrangement and the emotional well-being of their children.
In this guide, we will discuss the impact of relocation on children and the legal considerations that must be taken into account in such cases.
Legal Considerations for Child Custody and Relocation
When parents separate, one of the most challenging issues they face is determining their children's custody and visitation schedule. When one parent desires to move to a new location that is a significant distance away, it can add complexity to child custody issues. The court examines various factors when deciding custody arrangements, such as the child's age, requirements, and relationship with both parents. In situations where a parent wants to relocate, the court considers additional factors that are as follows:
Tax Considerations in Texas High-Asset Divorce Cases
Divorce in Texas is a complex process that becomes even more complex when high-value assets are involved. In high-asset divorce cases, Texas couples and individuals must consider the tax implications associated with property division, spousal support, and child support.
There are various tax implications that come into play when you get a divorce in Texas, and these can have an impact on distribution of marital assets and other aspects of your case. This is why it is always important to consult a trusted Austin high-asset divorce attorney on such matters.
That being said, let’s discuss the tax considerations involved in a high-asset divorce case in Texas and a few strategies you can use to minimize tax liabilities.
Capital Gains Taxes
Capital gains taxes are taxes paid on the profits made from the sale of an asset. These taxes are an essential consideration in a high-asset divorce case involving assets such as real estate property, vehicles, etc.
Child Support for High-Income Parents in Texas
If you have children, child support becomes a core part of divorce in Texas and the wellbeing of your children is a major priority for the courts. However, child support can become a bit more complex in a high-asset divorce.
Parents going through a divorce in Texas are subject to statutory mathematical formulas to determine their child support obligations. In this blog, we will discuss Texas child support guidelines, some unique challenges, and practical steps that high-income parents can take to ensure a fair and reasonable child support agreement.
Texas Child Support Guidelines
There are specific guidelines for calculating child support payments in Texas. These payments are based on the net monthly income of the non-custodial parent. The non-custodial parent pays a percentage of their net monthly income, based on the number of children they are supporting.
How to Find Hidden Assets in Offshore Accounts During a Texas Divorce
Texas divorces can be challenging at the best of times, but things become exceptionally tricky when high-net-worth couples are involved. One of the main issues in such high-asset divorces is the discovery of hidden assets.
Hidden assets are funds and properties that one spouse may try to conceal from the other spouse, their attorneys, or the court, in order to avoid losing them during property division.
Often, spouses may transfer these funds and assets to offshore accounts, to hide them from their partner during a divorce. However, an experienced and resourceful Austin high-asset divorce attorney can help find these assets and ensure that their client receives a fair settlement.
Here are several ways to find money and assets hidden in offshore accounts during a Texas divorce, and how a high-asset divorce attorney can help:
Attorney Experience and Network
Hiring an experienced high-asset divorce attorney is the first step in finding hidden assets. These professionals have extensive experience in dealing with complex financial matters of divorce, and often a network of finance professionals, forensic accountants, and international professionals who can help uncover hidden assets.
How Inherited Assets Are Handled in a Texas Divorce
Getting a divorce in Texas can be a complex and stressful ordeal, and things become even more complex when it is a high-asset divorce. Division of assets is a common point of contention in a high-asset divorce, especially when it comes to inherited assets.
Of course, you should always consult an Austin complex property litigation attorney or an Austin high-asset divorce attorney for guidance on your individual case.
That being said, let’s discuss how inherited assets are handled in a Texas divorce.
Inherited Assets Can Become Subject to Division
In Texas, inherited assets are typically considered separate property by the law, meaning they belong solely to the spouse who received them and are not subject to division in a divorce.
However, it is important to note that if inherited assets have been commingled with marital assets (common in longer marriages), or used to benefit both spouses, they may become subject to division.
Requiring Spouses to Get Life Insurance in a Texas Divorce
When a couple gets a divorce, they often think that once the divorce is final, their connection to each other will be done. In some ways that is true. The marriage is over. The division of assets and property is usually addressed within weeks or months following the divorce. Quit claim deeds are recorded, vehicle titles transferred, QDRO agreements for retirement accounts drawn up, etc. But there are some areas of divorce that do not end when the ink is dried on the divorce decree.
Child support is one issue that is decided in divorce that is often long-term. The financial obligations of one spouse to the other can last for years. This is why many divorces include a clause that requires one or both parents to obtain life insurance policies that will provide financial support for the child should something happen to the parent.
Child Support
Parents are usually required under Texas law to pay child support until the child turns 18 or graduates from high school, whatever is secondary. In some cases, the parent is required to provide support if the child attends college after they complete high school.
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