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.
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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.
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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.
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