Child support enforcement is akin to a criminal prosecution and must be handled with the utmost eye toward the due process rights of the accused. It is a well-settled and obvious rule that, in order to hold someone in jail on an enforcement case, such as for nonpayment of child support, both the contempt order and the commitment order must be in writing and signed by the judge immediately following the commitment. Failure to do both of these things renders the commitment void.
Continue Reading 4-day delay in entering written contempt and commitment order renders enforcement void
May 2014
Successful Co-Parenting Part II
Last month I discussed “Successful Co-Parenting – Part I”. The Huffington Post recently discussed what actions need to be taken and issues that need to be addressed for two divorced individuals to co-parent.
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Deviation from standard possession requires special findings with special deadline
Whenever a trial court, after a nonjury trial, enters a possession schedule which deviates from the standard schedule, a party may request the trial court to enter special findings about the reasons for deviation from the standard order.
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Is “Conscious Co-Parenting” Possible?
Gwyneth Paltrow brought the term “Conscious Uncoupling” into American’s daily vocabulary and was discussed in my earlier blog. Out of the “Conscious Uncoupling” discussions, the concept of “Conscious Co-Parenting” is also being debated.
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Division of retirement benefits can’t be changed in QDRO – QDRO must comply with the decree
The Dallas Court of Appeals recently decided a case regarding the provisions of a retirement award and entry of a QDRO. In that case, husband worked for his employer for 20 years, all of which occurred during the marriage.
Continue Reading Division of retirement benefits can’t be changed in QDRO – QDRO must comply with the decree