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 How is My Retirement Divided After a Divorce in Dallas, Texas?
divorce dallas texas
Digital and virtual assets as part of the marital estate and division of property
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 Digital and virtual assets as part of the marital estate and division of property
Rule 11 agreements are revocable before judgment is rendered
A point of confusion for many in the family law context is the viability of a rule 11 agreement to settle an issue or a whole case.
Continue Reading Rule 11 agreements are revocable before judgment is rendered
Becoming a Partner — Ownership Interest in Divorce
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 Becoming a Partner — Ownership Interest in Divorce
What Child Support Covers – And Does NOT Cover
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 What Child Support Covers – And Does NOT Cover
Trust distributions – community or separate property?
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 Trust distributions – community or separate property?
Lump-sum payment of child support can still be modified in the future
Occasionally I have parents who have the ability to pay the child support obligation in advance in a lump-sum payment.
Continue Reading Lump-sum payment of child support can still be modified in the future
Can a child testify in a family law suit?
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 Can a child testify in a family law suit?
4-day delay in entering written contempt and commitment order renders enforcement void
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
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.
Continue Reading Successful Co-Parenting Part II