When it comes to dividing a retirement account such as a 401K or a pension, extra steps are required in addition to the final divorce decree dividing such accounts.… Continue Reading
Our lives are becoming more and more connected to technology. Without even thinking about it, spouses may have digital or virtual assets with value to the community estate that should be considered in the division at divorce.… Continue Reading
I was asked recently about whether becoming a partner in a professional company creates community or separate property. The Husband worked for a firm prior to marriage and shortly before the marriage was offered a partnership interest in the firm. He and the firm signed the partnership agreement a few months prior to the marriage. After the marriage, he began receiving the benefits of the partnership agreement. Now, he and his wife are headed for divorce and he wonders if she is going to be entitled to part of his partnership interest.… Continue Reading
Many paying parents want to put restrictions on what child support can be spent on, to prevent the other parent from personally using the money. While it may seem like child support is being mismanaged to some - and maybe in some cases it is being mismanaged -- Texas law does not support placing restrictions on how child support is spent.… Continue Reading
Another complex issue that can arise in family law cases involves the characterization of trust distributions received by a spouse during the marriage.… Continue Reading
It is most often discouraged to have children serve as witnesses in a family law suit between the child's parents. However, the Amarillo court of appeals recent decided a case that discusses the standards for securing pretrial testimony of a child for admission during a family law trial.… Continue Reading
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
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.… Continue Reading
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.… Continue Reading
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
Often in Texas divorce cases, lawyers are tasked with determining the divisible interest in a professional corporation. This involved determining the individual's interest in the corporation and then obtaining the value of the interest.… Continue Reading
Here is the list of action items that a divorced party may still need to address once the decree is entered. Ms. Gammill points out that a person doesn't need to face this list alone. He or she can employ professionals to accomplish many of these tasks.… Continue Reading
All too frequently, the issue of pornography comes up in divorces across the state of Texas. Whether it is an addiction to pornography, sexting a photo to a spouse or paramour, or videos of sexual acts, pornography has taken the divorce stage front and center.… Continue Reading
This is the first of many blogs to come regarding successful co-parenting. Whether you are going through a divorce in Texas involving children or whether you are modifying the terms of a Texas custody order, co-parenting is fundamental when raising a child in two homes.… Continue Reading
When spouses get a divorce and have a premarital agreement in Texas, the divorce suit must state the parties' position regarding the enforceability of the premarital agreement.… Continue Reading
Far too many times I have seen clients' postings, comments, and pictures on Facebook and other forms of social media be used against them in a divorce proceeding.… Continue Reading
It's that time of year again - tax season is upon us. As discussed in my previous blog, it is important when preparing for a divorce in Texas to be aware of your assets and debts before you meet with a lawyer. It is my recommendation to have the two prior year tax returns in your possession at your initial consultation.… Continue Reading
At the beginning of any year, there is usually an influx in divorce filings in Texas. Many people delay initiating divorce proceedings until after the Thanksgiving and Christmas holidays.… Continue Reading
In Texas if three years have passed since the last court order regarding child support, Dayanara would be entitled to an automatic review of Marc Anthony's child support obligation.… Continue Reading
Our firm operates on a team basis - when you hire one of us, you get all of us. Michelle May O'Neil leads the team. She is a 21-year veteran family law specialist, well known for her ability to put together effective strategies in complex cases.… Continue Reading
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.… Continue Reading
