The Tax Cuts and Jobs Act passed Congress last December and there is a lot of talk about how it will impact the tax situation for individuals. Few have considered the impact that the new law will have on divorce and child custody. (See How Will the New Tax Law Affect Your Divorce? )
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Alimony and Spousal Support
Blake Griffin’s child support and reason #1,522 not to live in California
Reports surfaced today that pro-NBA player Blake Griffin has reached a settlement deal with his ex-girlfriend Brynn Cameron to pay child support of $258,000 PER MONTH for their two children. (See reports here from TotalProSports and here from TMZ.) The lawsuit, pending in California, alleges that Griffin ousted Cameron and the kids from his…
WIN: Supreme Court of Texas rules no withholding or seizure of retirement assets for enforcement of non-statutory alimony
In February, Senior Shareholder Michelle May O’Neil presented oral argument to the Supreme Court of Texas in Dalton v. Dalton, a case out of the Nacogdoches trial court and the Tyler Court of Appeals. Today we learned that she WON that case — the Texas Supreme Court in a unanimous decision reversed the judgment and…
How do courts define a person’s “minimum reasonable needs” for purposes of spousal maintenance payments?
Once a court determines that a spouse is eligible to receive maintenance in a divorce case, it must then analyze all relevant factors to determine the nature, amount, duration, and manner of the periodic payments. One of those factors includes the spouse’s ability to provide for his or her “minimum reasonable needs” independently, considering his…
A place to look for hidden money
I read an article in the Fall 2017 Family Lawyer Magazine (yes, I’m behind on my reading pile) that talks about away to hide income – at the IRS. Husband owed wife spousal support, which was calculated on his actual net income. After receiving a raise, Husband increased his federal withholding taxes above the amount…
New Texas law bans application of foreign laws
Texas Governor Abbott signed into law House Bill 45 which states that Texas and U.S. law supersedes all other laws. The law prohibits Texas judges from enforcing or upholding any law or order from another country that infringes upon U.S. and Texas constitutional rights. The bill shields litigants in family law cases “against violations of …
Do the 12 divorce myths apply in Texas? (part 2)
This post is a continuation of the discussion about the 12 Top Divorce Myths. Here’s the link to part one: Do the 12 divorce myths apply in Texas?
Myth 7: You can avoid paying child support.
Child support is a mandatory order in Texas and must be ordered absent extreme circumstances. If you are ordered…
Do the 12 divorce myths apply in Texas? (part 1)
Do the 12 divorce myths apply in Texas?
The Huffington Post ran an article recently about the 12 Top Divorce Myths. The article was written by Daniel Clement, renowned divorce lawyer in New York, and they all hold true in Texas divorces as well. My favorite myth is #8. Read on to learn…
Legislative Changes to Spousal Maintenance in Texas
September 1, 2013 marked the date for changes to the Texas spousal maintenance statutes. Specifically, the Texas Legislature clarified a Court’s ability to enforce by contempt a person’s violation of payment of Chapter 8 spousal maintenance.
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Could Ric Flair Be Held in Contempt in Texas for Failure to Pay Spousal Maintenance?
As reported by Fox News, on July 17, 2013 an arrest warrant was issued for Ric Flair for his failure to pay $32,000.00 in spousal support to his estranged wife.
Continue Reading Could Ric Flair Be Held in Contempt in Texas for Failure to Pay Spousal Maintenance?