Posted on December 06, 2019 in Family Law

Money disputes can be among the biggest conflicts in a marriage, so a lot of couples are opting to keep separate bank accounts in addition to a “household” account that’s jointly owned and used to pay the bills. That way, each spouse retains control over their own money and a certain measure of financial autonomy from the other spouse.

Except that distinction between what is “yours” and what is “your spouse’s” may not really exist once you decide to divorce. That fact can be an unpleasant surprise — particularly to the spouse who was more fiscally conservative or invested wisely. Separate bank accounts during your marriage may provide the illusion of separate funds — but the money that’s in those accounts may be considered marital property by the court.

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 Posted on November 29, 2019 in Divorce

Movies help people relax and take their minds off their woes, so why would you want to watch a movie about a divorce when you’re already going through one?

Since you’re “outside looking in,” you can see things a little more clearly than the characters in the film. When the film relates back to your own life, that’s a new way to gain some perspective on your situation. Besides, when you’re going through a divorce, the last thing you may feel like watching is another romantic comedy on the Hallmark channel.

Here’s what to watch instead:

“Marriage Story“

The latest in its genre, this movie hits the little screen on December 6. It takes a funny, romantic, realistic and worthwhile look at what happens after the marriage ends in a divorce.

“The First Wives Club“

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 Posted on November 21, 2019 in Family Law

Being the parent of a special needs child can be daunting and lonely. It may often feel like nobody quite understands exactly what struggles you’re going through — nor do they understand your fears for your child’s future. After all, children with special needs eventually become adults with special needs.

In Texas, it’s important to understand that child support does not necessarily end once a special-needs child turns 18 years of age. In fact, the obligation your ex-spouse has to pay child support may continue for as long as your child is alive.

When deciding whether or not child support should continue past a dependent’s 18th birthday, the court may consider whatever evidence it thinks is relevant. You may be able to show that your child needs things like:

• Medical supplies or treatment that isn’t covered by insurance
• Therapy, including behavioral therapy, speech therapy, occupational therapy and more
• Specialized transportation, including a modified vehicle

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 Posted on November 13, 2019 in Child Custody

Texas has captured the nation’s attention — albeit involuntarily — when it comes to the rights of transgender children due to a custody case that has been setting the tone for what can happen when two parents disagree very deeply on what’s best for their child.

At issue is the gender-identity of one 7-year-old child. Although biologically male, the child’s mother asserts that the child has identified as a girl since the age of 5 — and her gender expression was already evident well before then. In her corner, she has the testimony of family members, physicians, school staff members and a jury’s decision granting her full custody of the child.

Standing opposed is the child’s father. He insists that the child is a boy — no matter what anybody else says. His refusal to accommodate the child’s gender expression and insistence that the child should wear masculine clothing and answer to a masculine name has cost him custody in a civil trial before a jury.

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 Posted on November 13, 2019 in Firm News

If you are contemplating divorce, you likely have a million things on your mind, but you should not have to worry about losing your fair share of marital wealth. After all, Texas law requires spouses to divide marital assets based upon what is just and right.

Unfortunately, divorcing spouses are not always honest about marital property. If you suspect your spouse of hiding assets, you likely want to add a forensic accountant to your divorce team. Furthermore, you may want to watch for evidence that your spouse is not being honest about marital property. While there are many places an unscrupulous spouse may try to hide marital wealth in the leadup to a divorce, here are three common ones:

1. Business investments

Your partner may have his or her own business. If the company is a separate property, your spouse may attempt to transfer marital wealth into the operation. If you do not catch the deception, it may diminish the amount you receive as part of your divorce settlement.

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 Posted on November 05, 2019 in Child Custody

After a divorce, it isn’t uncommon for parents to end up some distance from each other. One parent may be pursuing a career to make life better for his or her children while the other parent thinks that it is more important to stick close to family, friends and other sources of support. Naturally, parents who are a distance from their children worry that they’re going to lose those precious parent-child bonds.

It doesn’t have to be that way. Even if a parent is going to be at a distance from their kids most of the year, there are ways to manage the situation. Plans can even be written into your custody agreement to offer reassurance, provide guidelines for behavior and settle visitation disputes.

Here are some of the questions you should discuss with your attorney when planning for long-distance visitation with your child in a custody plan:

1. Who will do the traveling? If the child will travel to the other parent’s home, at what age do you and the other parent agree that the child can travel alone? It’s better to clarify that issue before a problematic incident occurs.

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 Posted on October 31, 2019 in Divorce

You may think you know your spouse pretty well, but all bets go out the window when a divorce is on the horizon. Anger, jealousy, spite or flat-out greed can make people do unexpected things.

Embittered spouses who know a divorce is coming have been known to wipe out the joint savings account or blow up the joint credit cards in any number of ways, including:

• Luxury purchases, including expensive new cars or boats
• Lavish gifts or support for a new romantic partner
• Expensive elective surgery designed to make themselves more attractive
• Extensive renovations on a home or building that is their personal property
• Buying an entire household worth of new furniture and other items for use after the divorce is over
• Buying entire new wardrobes, including expensive jewelry
• Gambling or high-risk investment schemes

Sometimes, their actions are merely thoughtless or compulsive. Other times, their spending is a deliberate attempt to waste the marital assets. The goal, in other words, may simply be to squander the money willy-nilly and deprive you of as much of your fair share of the joint assets as possible — while also sticking you with as much debt as they can.

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 Posted on October 22, 2019 in Divorce

It’s that time of year again when parents of college-aged children are busy filling out the Free Application for Federal Student Aid (FAFSA) for the coming school year. While any parent can find the FAFSA intimidating and hard to follow, parents who have recently separated or getting a divorce may be completely unsure how to proceed.

Here’s some information that may help you:

• The parent who fills out the FAFSA is the one that the student lived with the most over the last 12-month period.
• This may or may not be the parent who was awarded physical custody of the child in the divorce.
• If the custody was split evenly and it’s impossible to say which parent has custody for the purpose of federal student aid, the parent who financially supported the child the most fills out the FAFSA.
• Child support payments count as income for the child on the FAFSA.

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 Posted on October 15, 2019 in Family Law

The best time to talk about a prenuptial agreement is, quite frankly, when you have no intention of needing one. It can be difficult, however, to see the point of a prenup when you’re young, broke and running mostly on dreams.

It’s those dreams you need to protect.

While prenups used to be exclusively the domain of the ultra-wealthy seeking to protect their trust funds and family money and older people on their second marriages, that’s changed. Prenups today are the most important things that entrepreneurs (especially those in high-yield fields, like the tech industry) can have if they should end up unhappily wed.

A well-done prenup can insulate you from a number of the hazards of divorce:

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 Posted on October 15, 2019 in Firm News

Financial issues are some of the most common reasons modern marriages fall apart. Some financial issues, in particular, are often more damaging than others. Money issues are so common within modern marriages, in fact, that CNBC reports that more than 35% of people cite financial troubles as their biggest marital problem.

Just what types of financial issues are most likely to lead to strife within a marriage?

Concealing money – or debts

Once you marry someone, numerous aspects of your life become intertwined, and your finances are likely among them. While many married people – two out of every five married couples, in fact – admit to hiding money from one another, doing so can have catastrophic effects when it comes to trust. The same holds true when it comes to concealing debts. In many cases, one spouse’s financial moves can negatively impact the other, so withholding information about debts is likely to lead to considerable marital hardship.

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