Millennials have grown up, and while they were busy revolutionizing the technology sector with smartphone applications like Venmo, the law has not adapted to the changing realities of how people interact. Venmo is a smartphone app, but it can be used as a tool by devious parties to the detriment of spouses and children. It
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
Divorce the house or the spouse
Is it easier to get rid of the spouse or the house? 
In many Texas divorces, the house is one of if not the major asset to divide in the property division part of the divorce. And it causes some of the most friction between the divorcing spouses. Maybe the spouse wants to try to
SCOTUS rules on military retirement in Howell case
Today SCOTUS ruled on a family law case. Howell v Howell – unanimous ruling… Husband and Wife divorced over 25 years ago. Decree ordered Husband’s military retirement split 50/50 with Wife. When he actually retired, he waived part of his retirement in favor of disability pay, which reduced Wife’s portion. Wife sued for him to
How does premarital cohabitation affect division of marital property
The New Hampshire Supreme Court ruled that a court must consider time that a couple lives together prior to marriage as a factor in division of assets. The ruling, a landmark decision in New Hampshire, does not require a court to alter the division that the court seems fair in a divorce, but asks the
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
Small business issues in a Texas divorce
On Monday, February 29, 2016, Attorneys Michelle May O’Neil and Jere Hight presented a webinar on Small Business Issues in a Texas Divorce through the West LegalEdcenter, a Continuing Legal Education resource for attorneys looking for accredited educational opportunities within their given practice area. West LegalEdcenter hosts its webinars for 180 days, allowing lawyers to
Tracing separate property money in an account
In Texas, all property owned during the marriage is presumed to be community property of the parties, subject to division upon divorce. That presumption may be rebutted by showing that some assets are separate property of one of the parties. Separate property is that property that was owned by a spouse before the marriage or
5 questions if you want to keep the house after divorce
In December, Dallas showed up in the #4 spot on Realtor.com’s list of hottest real estate markets. It moved up one spot from November, when it was ranked at #5. In the latest report, Dallas was outranked by only three other U.S. cities (all of them in California) — San Francisco, San Jose and Vallejo.