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Child Support Overview for Texas families

On the off chance that you have require a best reasonable Texas Divorce Law encounter, Child Support Overview for Texas families with the immense procedure!

Divorce Lawyer in Houston: Are you a parent who is about to embark on a divorce journey, yet have no real idea how to think about child support? It could be that you are the parent who stands to receive child support from an ex-spouse.

On the other hand, the shoe could be on the other foot- you may be the parent who is on the hook to pay child support during and after the divorce. This is a huge financial commitment that you either have the right to receive or to pay. As a result, your not knowing the fundamentals on this subject can make a big difference in the well being of your family.

The next few blog posts from the Law Office of Bryan Fagan, PLLC will discuss this subject with parents like yourself. We will walk through the calculation of child support, what a “guidelines” level of support is and the steps to modify a child support order- either downwards or upwards.

If at any point during the process of reading this blog post you have questions about a topic that you’ve read please do not hesitate to contact the attorneys at the Law Office of Bryan Fagan, PLLC.

A free of charge consultation is yours in which one of our licensed family law attorneys can answer any questions you may have on this subject. We take pride in addressing the concerns of the people that live in our community and welcome the opportunity to do so for you and your family.

How does a court determine the level of support that a person has to pay in child support?

I will caution you at this stage that it is unlikely that your divorce or child custody case actually goes before a judge to have the issues of your case decided. The reason for this is that mediation is prescribed before trial and possibly even temporary orders in a case. Point being is that you are forced to attempt to settle your case before ever stepping foot in a courtroom.

With that being said, when we discuss what a court would “order” in terms of child support I don’t necessarily mean that the judge will be looking over your shoulder like some sort of omnipresent being. Rather, I mean what your attorney and the opposing party’s attorney would likely determine to be your child support liability based on your income. Make sense?

At its core, a family law court in Texas is charged with placing the best interests of your child first and foremost when determining a level of child support to order.

While our egos as adults can get in the way of a lot of things, make no mistake that a judge will primarily be concerned with what happens with your child until he or she turns 18 or graduates from high school. Your concerns and your opposing party’s concerns take a distant backseat to the well being and best interests of your child.

What does Net Resources mean exactly?

Divorce Attorney Houston: Child support in Texas is calculated based off of your net resources. Before you get worked up over the words “net” and “resources” I’ll warn you that this blog is not going to become a financial or in-depth math lesson, so breathe easy. I will let you know how a court would likely calculate your net resources.

First and foremost, any and all wages and salary from places of employment are included as well as self-employment income. From there “extras” like:

retirement income rental income capital gains and income from other sources are added together and counted as sources from which a court can determine net monthly income. For most of us, our wages and salaries are what will go into the calculation since the latter sources are not relevant for most parents with young children (based on my experiences).

What if you’re not working? How will your responsibility for child support be determined?

In the event that you are not currently working, you will not get off scot-free in terms of your responsibility to pay child support.

In the event that you are not able to settle your case and proceed to a trial, a judge would presume that you:

earn a salary that is equal to a forty hour work week

wherein you are paid minimum wage based on whatever the federal hourly rate for that wage is at the time of your trial. Unemployment or Underemployment Suppose that you are the party that is likely to have to pay child support as a result of your family law case. You know this and anticipate an order coming down from a court that could really restrict your flexibility in terms of spending money.

Being a quick thinker you purposely cut back on your working or take a job that pays you less- just to stick it to your soon to be ex-spouse. Aside from the fact that you are actually hurting your children the most- is this a move that you can pull without the threat of repercussion?

In a word- no. If your income is less than what you should be able to earn (based on education, work experience, wages of a typical worker in your field, etc.) due to your purposefully being unemployed or underemployed then your earning potential may be taken into consideration for a child support calculation, rather than your actual income.

More on underemployment as well as the levels of child support to be posted tomorrow

Houston Divorce Lawyers: In our blog post tomorrow we will continue to discuss the concept of underemployment and its impact on your child custody or divorce case. Finally, we will get into the meat and potatoes of the percentage of an owing parent (obligor’s) income that is subject to going towards child support.

We thank you for your time and consideration in reading today’s important blog post. We hope that you all will return tomorrow to do the same. If you have friends or family members who may be interested in this topic please be sure to let them know that we are here to help provide answers to questions and concerns ... Continue Reading

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Adoption: Essential information for Texas families

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Adoption: Essential information for Texas families

Houston Divorce: Although they come with less regularity than questions about child custody or divorcecases, people do come into the Law Office of Bryan Fagan, PLLC with questions about adoption and how our office may be able to assist them with a potential adoptioncase.

Whereas many family lawcases present facts and circumstances that are not particularly “positive”, adoption cases can offer a glimpse into a situation where people come together and do what is in the best interests of a child.

It’s likely that if you are reading this blog post that you may find yourself with your own questions about the adoption procedure in the State of Texas. I would like to walk you through some basic information about adoption so that you may understand the process a little bit better and be able to make educated decisions for yourself and those people in your life.

What must occur for an adoption to take place

There are two circumstances that must first be in place for an adoption to occur in Texas. The first being that the parental rights of at least one parent of the child must be terminated by a Court. This means that of the legal father and mother to the child, one person’s parental rights must be terminated. A child can only have two parents in the eyes of the law, so this all stands to reason.

Circumstance number two that must come into being is that the adoption of the child by you or whomever must actually be approved by a court. This involves the judge looking into your situation as best as he or she can and determining whether or not an adoption of the child is in the child’s best interests.

What exactly does terminating a person’s parental rights mean?

When a judge terminates the parental rights of a person this means that the former parent is not the legal parent of the child any longer and therefore holds no rights or duties to the care and upbringing of the child. Issues like whether or not the child will be able to inherit money or property from the terminated parent upon their death are also determined in this proceeding.

Obviously, this is an extremely important decision for a judge to make and it usually cannot be overridden or appealed. A parent can agree to have their parental rights terminated or a judge can make a ruling after being petitioned to do so by the other parent, or another party with standing to initiate such a proceeding in family court.

An agreement between parents to terminate their rights to a child can occur

Houston Family Lawyers: If you are the biological parent of a child and you and the other parent would like to terminate your parental rights to a child you may agree to do so. A relinquishment of rights form must be filed with a court wherein you are telling the court of your desire to no longer have any rights, duties or responsibilities for the child. The child will then be put up for adoption in order to locate people who want to take on those same rights and duties that you voluntarily gave up.

A hearing will be had within sixty days of the relinquishment form being filed with the court. It is up to the judge to make a determination as to whether the relinquishment request is in the best interest of the child and if it should be granted.

What does an involuntary termination proceeding look like?

Absent an agreement by the biological parents of the child, a court will appoint someone called an Amicus Attorney to help him or her determine if termination of the parent’s parental rights is in the best interests of the child.

Circumstances that lead to a parent having their parental rights terminated against their will typically involve absenteeism (not being present for the child), not providing support for the child even after being ordered to do so by a court and/or abuse or neglect of the child.

What happens after a parent’s parental rights have been terminated?

If you are a person who is interested in adopting a child you would file a petition to adopt the child in the same court that either terminated or will terminate the rights of the biological parent. The judge will order a social study to be administered upon your home, you and your spouse and other persons in your life. That study will help the judge determine if your home environment is conducive to raising and supporting a child. Your criminal history will also be looked into.

If your adoption petition is approved you become the legal parent of the child. I alluded to at the beginning of this blog post that this is a rare “happy” day in family court. Judges have a final hearing in which all of the parties to the case, even the child, come in and speak to the judge about things and the judge makes a final ruling.

Especially in the event that the parents had mutually agreed to terminate their parental rights, this is seen as a day where the child can celebrate a new “birthday” with their adoptive parents. I’ve even seen judges in Harris County gift Teddy Bears and other tokens of goodwill to the children that are involved in the adoption case.

Additional questions about adoption in Texas? Contact the Law Office of Bryan Fagan, PLLC

Houston Family Law Attorney: Thank you for coming to our website and showing an interest in this important topic. If you have questions about adoption beyond what we’ve discussed in this blog post please do not hesitate to contact the Law Office of Bryan Fagan, PLLC.

Our office represents clients across southeast Texas and would be honored to speak to you about doing the same for you and your family. A consultation with one of our licensed family law attorney is always free of charge and are available six days a week ... Continue Reading

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Financial Decisions that surround family law cases

If you have need a best suitable service your Family Law experience, Financial Decisions that surround family law cases with the great process!

A Houston Divorce Lawyer can have a dramatic impact on your life. This may feel like the understatement of the century if you are going through a divorce right now, but for those who are in the contemplation stage a divorce’s potential impacts may not seem as far-reaching right now. If you find yourself considering a divorce the best thing you can do to prepare is to learn about those issues that have caused problems for people that have already been divorced.

Obviously, every divorce is different but there are some common threads between your potential divorce and those that have come before you.

Specifically, if you are considering Houston Divorce it is likely that you and your spouse have experienced financial problems. No, I don’t know anything about your income or your spouse’s income but I do know that financial problems are a leading cause of divorce in the United States.

With that said if your financial position isn’t quite what you want it to be before a divorce, actually going through the divorce will probably make things worse for at least a short period of time.

By reading through today’s blog it is my hope that you can take a look down the road some distance to avoid potential money mistakes that people make regarding divorce.

HOW TO MAKE GOOD DECISIONS SURROUNDING YOUR DIVORCE

Divorce Lawyer in Spring TX: Getting good legal advice can be the biggest difference between having a successful divorce and one that is not. Of course, you can file for a divorce and proceed through the process on your own. There is nothing wrong with this and people do it with varying levels of success.

However, I view hiring a Family Attorney Houston to represent you in a divorce as an investment in yourself. This is a short-term, relatively small investment in the grand scheme of your life that can have impacts well beyond the length of your case.

RETIREMENT AND PENSION PLANS AS THEY RELATE TO YOUR DIVORCE

Family Law Attorney Houston: Do you or your spouse have a pension plan through work? What about a 401(k)? Maybe you both have taken advantage of the tax benefits of a Roth Individual Retirement Account (IRA)? Planning for your future is one of the most important financial steps you can take for yourself and your family, and is one that unfortunately many Americans either choose not to take or are not in a position to be able to choose to do so.

If you can count yourself among the group of people that do have retirement savings then a divorce is a good way to have those savings be severely diminished through no fault of your own.

For one, if you and your spouse have been married for an extended period of time it possible that every dime that you contributed to your retirement account, including growth, has occurred during your marriage. This means that the entirety of your retirement savings could be community property and therefore subject to division in the divorce.

If you have not signed a premarital agreement that divides up your and your spouse’s property in a certain way the community property laws of our state will take over and see to it that your spouse has the ability to receive a portion of the money saved in your name.

Of course, the law would entitle you to the same sort of division in your spouse’s retirement income but whatever your situation you want to be able to receive strong legal advice to protect your nest egg. An experienced family law attorney with knowledge of the various sorts of retirement plans that are relevant to your case is an essential tool to have at your disposal.

ISSUES SPECIFIC TO PEOPLE LIVING TOGETHER WHO ARE NOT MARRIED

Spring Divorce Lawyer: If you find yourself in a living situation where you reside with your partner but you are not married there are ways that you are vulnerable financially that similarly situated married persons are not. This section will discuss how to best protect yourself and your financial assets if you choose to live with a person that is not your spouse.

You and your significant other live together and may consider yourselves to be “basically” married. I hear this all the time from clients and potential clients of the Law Office of Bryan Fagan. You share in the bills, the care of your child and may even have plans to buy a house together at some point. Sure sounds like a marriage- but, I can assure you that it is not. You and your partner lack the ability to gain the benefits and the protections that married people have just by virtue of the fact that they are married.

If you are not married and do not plan on getting married then you all should take precaution to protect yourselves from a financial standpoint. You and your partner can create legal documents in order so that you can state which one of you owns certain pieces of property.

Additionally, that document can also lay out a plan for how expenses in your home can be paid for or other financial matters like paying for your child’s school or extracurricular activities.

COMMON LAW MARRIAGE

Divorce Attorney Houston: If you are involved in a common law marriage then you have the ability to share in social security benefits if your spouse passes away. However, if you are merely cohabitating with your partner no such benefits are extended to you.

Formalizing property agreements in the absence of a common law marriage is likely a smart thing for you to do. Look into whatever options are available to you as far as protecting each other from the other passing away or becoming disabled. Again- in a marriage, your spouse would have survivorship benefits under a pension or social security plan. This is a great benefit and provides peace of mind to your partner in the event something were to happen to you.

To meet the requirements of a common law marriage, you and your spouse must agree to be married, hold yourselves out to other people in the community that you are a married couple and then must also reside together as husband and wife.

There is no time length requirement for a valid common law marriage. All three of the aforementioned qualifications must be in place, however, for a common law marriage to occur. As soon as anyone falls off and is not occurring then your common law marriage ceases to be.

A FINAL WORD ON FINANCE AND FAMILY LAW

Spring Divorce Lawyers: Thinking about your financial future is not fun. If you find yourself in a position where your financial house is not in the order you probably would prefer to just put these issues out of sight and out of mind rather than focusing on making improvements that are not easy to come by. I get that. Asking someone to do something that is difficult is not easy.

With that said, there is no better time to start thinking about these sorts of things than today. You can work with your spouse or your partner to protect each other from a financial perspective. The peace of mind that these decisions can bring you are well worth it- that much I can promise you.

QUESTIONS ABOUT FAMILY LAW AND FINANCES? CONTACT THE LAW OFFICE OF BRYAN FAGAN

The Houston Family Law Attorneys and staff with the Law Office of Bryan Fagan understand there is more to a family lawcase then what happens in a courtroom. To learn more about the financial implications of your family law situation please do not hesitate to contact us. A free of charge consultation with one of our licensed family law attorneys is available six days a week. The decisions you make today can have a far-ranging effect on your future and we would be honored to help you and your family make a plan … Continue Reading

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When does the extended family of a child have standing to sue for custody in Texas?

Houston Family Attorney : The Law Office of Bryan Fagan recently had cause to celebrate a huge victory for long-time clients of ours. These clients are grandparents who live in North Texas but whose grandchildren reside here in the Houston area. Unfortunately the son of our clients and the father to their grandchildren was sentenced to a twenty year prison term last year for a sex-related crime.

His wife and the daughter in law to our clients was sent to prison this year on a related charge. The grandchildren ended up living with a maternal aunt with whom the mother and grandchildren had been residing.

A 2016 CASE LED THE WAY TO THE ULTIMATE VICTORY IN 2017

These grandparents came to our office last year seeking representation to win custody of their grandchildren. They feared (reasonably) that the environment that they were being exposed to with their mother was dangerous to the long and short-term development of these teenagers.

The grandparents had little contact with their grandchildren in the previous four or five months but they believed the children were not being made to attend school nor were they able to contact their grandparents. Basically, our clients believed that they offered the best environment for these kids to be raised as successful and happy people.

Despite their intentions and goals, our clients were not able to immediately able to win primary custody of their grandchildren. Ultimately we attended mediation along with their daughter in law and we settled on mandatory monthly visits for our clients with their grandchildren. Considering that they had not been able to see them much if at all over the prior half year both of our clients were happy at this result.

Houston Family Law Attorneys : An important piece of advice was given to our clients by myself at mediation as well. I let them know that even though they were not able to negotiate a transfer of custody from mom to them at mediation that they were laying the groundwork for a court to do so in the future should the need arise. Our clients basically needed time to re-establish a relationship with their grandparents if they again wanted to pursue custody rather than solely having visitation rights ... Continue Reading

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How to Begin Your Texas Divorce

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in How to Begin Your Texas Divorce

Divorce Lawyers Houston: What do I need to do to before I begin divorcing my spouse? How do I protect:

> My children? > My privacy? > My assets?

What first steps should I take in my Texas divorce?

In the early stages of your divorce, your mind may be full of concerns for:

> Your children > Your life > Your finances > What happens next or > What happens after your divorce.

We understand you are not alone.

We know that the divorce process can be overwhelming it is not user-friendly. We want to help you regain control of your life and begin your divorce with the information you need to make decisions with confidence

Take time to Think before you Act

You may have the impulse to get things moving by going to court as soon as you can and filing for divorce. That will get the divorce process going, won’t it?

Yes, filing for divorce does start the process. However, the actions you take in the early stages of divorce can significantly impact the outcome of your divorce, including the decisions about when to file.

We get it. You never planned for the day you were going to be facing a divorce.

Now that the day you never planned for has come, it is important that you think carefully and deliberately about:

> What is important to you regarding your divorce > Who you need to help you achieve that important outcome

The following steps will help you achieve a better outcome in your divorce:

Begin Divorce: Your Goals for Your Future

Before you file for divorce, you need to think about what you want your life to look like after you are divorced.

It is important to think about this as early on as you can, ideally before you begin any divorce proceedings. You should be realistic, but do identify what is truly important for you.

Children

For example, if you have children, what sort of relationship and parenting time would you like to have? There are many different child conservatorship (custody) options in Texas, so consider what would work in your life.

Your divorce lawyer will be able to go through the different available options available to you and help you craft a customized custody plan.

Property

Family Attorney Houston: What about property and debts? Many people in divorce are convinced that they want to keep the family home. However, it may be that keeping the family home is a bad idea for you for financial or other personal reasons.

Alternatively, you may be able to use this to help improve your negotiating position. You should consider all your financial assets when planning a proposed property division:

> Second homes or vacation homes > Vehicles > Wine collections > Comic book collections > Gun collections > Stock portfolios > 401k’s > Any other important asset

Be completely honest with your lawyer about your assets and your desires versus your needs.

The two of you will be working together during your divorce so it’s important to be open from the beginning to develop a strategic plan that can lead to an advantageous settlement.

Alimony

Texas spousal support is handled on a case by case basis. There is not an automatic rule that entitles a spouse to support.

Judges are given guidelines that allow them to consider awarding support in certain situations. Some questions that you may want to think about may include:

> How much spousal support would be appropriate in your situation? > What are your financial commitments?

Texas law on alimony has changed significantly in recent years and are often confusing.

You should seek advice on spousal support based on your circumstances so that you can start planning for your future.

You should discuss all of these items, and more, during your initial consultation with a divorce attorney.

Taking these initial steps will allow you to file strategically for divorce when the time is right for you. The next step is to choose your divorce attorney.

Choose the Right Divorce Attorney

Hiring the right divorce lawyer is an important first step in planning your divorce. You should be able to:

> Depend upon your lawyer > Know your lawyer will answer your questions > Count on your lawyer to act promptly to protect your interests

You want a lawyer who is smart and strategic. You want a lawyer who is good at negotiating but is not afraid of taking the fight to the courtroom should it be necessary.

Some things for you to consider when choosing your lawyer as you begin divorce include:

> A law firm dedicated to divorce & family law > Avoid the “Shark” attorney

Find a Law Firm Dedicated to Divorce & Family Law

Hiring the right family law attorney is similar to seeking out the right medical professional to treat a health condition.

Just like you wouldn’t want a doctor who normally treats feet to handle your brain surgery, you do not want a lawyer who doesn’t normally handle divorces to handle your divorce.

A law firm dedicated to family law will understand your divorce or family case and have the experience and knowledge you need for negotiations or court proceedings.

Avoid the Overly Combative Lawyer

Divorce Attorneys in Houston: A highly aggressive lawyer may make you feel like you are winning, but do not mistake an overly argumentative lawyer with strength.

There is a time to fight and a time to negotiate. A lawyer who thinks taking your case to the courtroom is your first, and the only option may very well increase your divorce costs and the problems between you and your spouse.

The courtroom may be the right option for your case, but generally, that is when someone has taken a completely unreasonable position that can only be resolved by a judge.

The lawyer you choose needs to understand not only how to fight in court but also how to negotiate and when to choose between these legal tools ... Continue Reading

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Family Law Cases where a party is mentally incompetent

On the off chance that you have require a best reasonable Texas Divorce Law encounter, Family Law Cases where a party is mentally incompetent with the immense procedure!

Houston Family Lawyer: If you have been through a divorce or child custody case involving your child’s other parent you may have stopped to ask yourself at various points in the case whether the opposing party has something “wrong” with him or her.

You may have even commented to your attorney that he or she seems to be acting strangely in filing the lawsuit in the first place. It may surprise you to learn that many people involved in family law cases suffer either from mental illness or personalities disorders. While I couldn’t say that you experienced this type of situation it is not uncommon.

What is a personality disorder?

A personality disorder is a medical term that describes people who have exaggerated personality characteristics- to the point where those characteristics begin to dominate who he or she is. Their ability to function on a day to day basis will have become extremely limited as a result.

This is opposed to a mental illness which encompasses not only a person’s mental state but also their mood, relations to other people as well as their activities of daily living.

The most important aspect of a personality disorder or mental illness is how each of these conditions impacts the lives of the people in the immediate vicinity of the suffering individual. Considering that coming into contact with a mentally ill person on the street can be a challenge, your ability to parent and possibly engage in litigation with one can be extremely taxing.

Characteristics of a person with mental illness or a personality disorder

Divorce Lawyer Houston: If you have just been served with a divorce or child custody modification suit seemingly out of nowhere then you may have a mentally ill person or at least an opposing party with a personality disorder as an opposing party. Unfortunately, if you identify the traits of a personality disorder sufferer in your child’s other parent you may be in for a long and drawn out case. These folks do not live their lives based on reality or objective fact. Their own sense of right and wrong is shaped by a reality that is only apparent in their own minds.

What kind of behavior can you identify to have a good idea as to whether or not a person has a personality disorder? For starters, if your opposing party has an extremely unbending view of the case and is unwilling to negotiate or move off of his or her previously held opinions that are a strong sign of a person suffering from a personality disorder.

While I am not saying that every person who holds strong opinions has a personality disorder, I would say that if you are willing to compromise on a certain issue but have never seen your opposing party be willing to do so that may be time to speak to your attorney.

Another characteristic that I have seen in opposing parties that have mental stability issues is deflection towards their own shortcomings. If your opposing party is volleying accusations at you of being unhinged mentally or dangerous or anything in between this is a deflection method to keep you from identifying their own personality disorders and possible mental illness.

If he or she believes they are under attack or threat from you, your attorney or anyone else they can become extremely angry and will say or do anything to protect themselves and their worldview.

Finally, in the world of a person with a mental illness or personality disorder, everything is either black or white. As an attorney, we operate in the “grey” in almost every case that we are involved in. So you can see from an attorney’s perspective how a person who lives in an all or nothing world can really complicate a divorce or child custody case.

Their position is completely right and your position is completely wrong. Your child would be provided with the greatest life known to mankind if allowed to live with him or her. Your child would be doomed to live a life of squalor and difficulty is allowed to live with you primarily. There is nothing in between either extreme with people like this.

Once a case gets moving identifying mental illness in a client or opposing party can be difficult

From an attorney’s perspective, it can often be difficult to pinpoint when something is wrong with a client. Certainly, we represent people from all walks of life and backgrounds so it would not be fair, or frankly in our area of expertise, to pick out individuals as being mentally incompetent. As a result, a case is filed and the litigation process begins and the sort of characteristics that we would normally associate with a person who is suffering mentally are not observed in time.

As a result, a mentally incompetent person can file a child custody modification based on perceptions or thoughts that are not based in reality. This is what I meant earlier when I noted that if you’ve been involved in child custody case before you may have stopped and pondered whether or not your opposing party was living in the same world that you were.

Judges are not exposed to either you or the other party to a sufficient degree to identify mental incompetency. With all this said a long, drawn out and expensive case can result due to the unchecked behavior of a person who is not healthy from a mental standpoint.

Tomorrow’s blog post: Managing a case with an opposing party who has a mental illness

Houston Divorce: While being involved in a child custody case where the opposing party has a mental illness is not easy, it can be managed with planning. If you understand how he or she approaches the case then you can set your own expectations appropriately. The attorneys with the Law Office of Bryan Fagan, PLLC will continue to discuss this subject with you in tomorrow’s blog post.

In the meantime, if you have any questions about opposing parties with mental illness or personality disorders please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. Our licensed family law attorneys are available six days a week to speak to you about your case and to answer any questions you have in a free of charge consultation ... Continue Reading

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Enforcement Suits in Texas Family Law, Part Five

If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in Enforcement Suits in Texas Family Law, Part Five

Divorce Lawyer Houston: Today’s blog post from the Law Office of Bryan Fagan, PLLC will discuss additional remedies that are available to a parent in an enforcementcase when there is money owed in child support.

Our discussion is largely a continuation of the past few days blogs so I would highly encourage you to go back and read through each in order to have as much knowledge at your disposal as possible.

If at any point you have questions about today’s blog or any other found on our website please do not hesitate to contact the Law Office of Bryan Fagan in order to schedule a question and answer session with one of our licensed family law attorneys.

Remedies for parents who are owed child support This section sticks out in my mind because I have seen opposing parties have to withstand these remedies due to their not having paid large amounts of child support. We’ve discussed previously that enforcement actions in Texas take on aspects of not only civil law but criminal as well.

That concept comes into play when jail time is handed down by a judge due to your child’s other parent’s failing to have paid proper amounts of child support to you when those amounts are due.

Jail time

Being found in criminal contempt means potential punishment that cannot exceed 180 days in a county jail.

The punishment can be less than 180 days but it cannot exceed that amount. Also, your opposing party can be fined up to $500 per violation of the court order as well. You shouldn’t necessarily expect that this type of punishment will be handed down in your enforcement case but it is a possibility.

Community Supervision

If you have properly plead for jail time for the opposing party in your case, a judge can choose to award that remedy for you. An alternative is to sentence him or her to a period of jail time with the end of the sentence to be suspended in the event that he or she meets certain benchmarks set forth by the court.

Often times in the area of child support payments that means simply being able to pay towards those arrearages or attending therapy or counseling sessions if violence or other issues are in play for your particular case.

Remedies for Violations regarding Visitation orders

Houston Divorce: Another reason why you may be interested in filing an enforcement suit in family court would be to bring violations related to visitation to the attention of the court.

Just as we have seen in the area of missed child support payments, judges have the ability to award a fairly wide range of remedies to persons who file cases like these. Let’s take a look at them in some detail here.

Habeas Corpus

Suppose for a moment that your child went over to his or her other parent’s home for a weekend period of visitation. At 6:00 p.m. on Sunday you expected to have your child return to your home only to find that the other parent never arrived at your home.

When you called the other parent your call was not answered. Since then you have received a text message that only said your child would be staying with the other parent and would not be returned for a few days.

If you find yourself in a situation like this your best remedy may be to file an enforcement suit with a habeas corpus request for relief included. The court that handed down your order has the ability and authority to put a stop to this sort of scenario when your ex-spouse has kept your child past his or her court ordered period of visitation. Habeas corpus literally translates to “bring me the body”- this is what the judge would in effect be saying to the other parent.

Certainly jail time and contempt of court proceedings would be appropriate considering the seriousness of what the other parent has done in this sort of hypothetical situation.

However, what you want to achieve- the safe and immediate return of your child- would not necessarily be achieved by fining your ex-spouse and having them thrown in jail to think about their actions. In a pretty extreme situation such as this a habeas corpus action is more in line with what your goals are.

A visitation remedy for out of state parents

Suppose that you recently moved to Texas along with your child from another state. In that state you and your child’s other parent had gone to court for a divorce which included orders associated with visitation of your child.

Now that you have moved to Texas, you came to learn that while at school your child was checked out by his other parent with the intent to return to your state of origin. Obviously this is an extremely dangerous situation and you need to know what can be done in Texas to help you get your child back.

Fortunately for you, Texas has joined with most every other state in our country and has agreed to abide by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Essentially, the state of Texas will now recognize and enforce orders from another state’s court in regard to child custody and other matters. What this means is that if you fear that immediate harm could befall your child, you can request that a court in Texas issue a warrant to find your child and take possession of him and keep him in Texas. You would need to provide evidence to the court sufficient to have that warrant be issued, however.

More on the subject of enforcement actions to come tomorrow

Houston Family Lawyers: The Law Office of Bryan Fagan, PLLC appreciates your time and attention as we move through additional remedies available to parties through enforcement actions in Texas Family Law Courts. Tomorrow a blog post will be published to our website that details remedies related to property division from a divorce decree.

Our office is proud to represent clients across southeast Texas. If you have a question about anything you’ve read on our website please do not hesitate to contact our office today. A free of charge consultation is available to you six days a week in which your questions can be answered by one of our attorneys ... Continue Reading

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How much will your child support enforcement case cost?

On the off chance that you have require a best reasonable Texas Divorce Law encounter, How much will your child support enforcement case cost? with the immense procedure!

Houston Divorce Lawyers: If you ask a lawyer a question about your legal situation, their response may well be, “It depends.” Years of seeing a number of different scenarios play out for different sorts of clients results in a lawyer understanding that there is no perfect answer to give any one client. This is true whether the question is about an aspect of their case or what a specific sort of family law case will end up costing.

If you have been through a divorce or child custody case in which you had child support set up, you know what your prior case ended up costing you. I remind clients that whatever the cost of a case, it is an investment in your and your child’s future.

This can seem like lawyer-speak sometimes, especially when a case enters its middle stages and time starts to slow down and it feels like it will never end. The question remains though- what will a child support enforcement case cost if you need to go back and address missed payments by your ex-spouse?

Attorneys want to an earn a living, but don’t want to drag a case out

Movies and television have done a great job of portraying attorneys as money hungry. If it were left up to Hollywood, attorneys would be in business primarily to help themselves and line their pockets along the way. Your simple, open and shut family law matter? A “typical” attorney will do whatever he or she can to string the case out and charge you for the pleasure of doing so. Is this how it is in real life?

Again, since you have been through a family law case before, hopefully, your experience does not match up with this one. Lawyers do want to earn an income, as do you, but there is one thing that movies and television don’t tell you that I will.

Lawyers are also busy just like you are. While we want to earn an income, we also want to move a case along the process efficiently so that you can reach your goals. Doing so ensures a happier client and a less stressed out attorney.

Factors to take into consideration when hiring a family law attorney

From what I can tell after having met with many potential clients of the Law Office of Bryan Fagan, PLLC, people in your position will typically look for experience, proximity to their home and cost when hiring an attorney.

These are all great attributes to look for in an attorney, by the way. I also recommend meeting with an attorney face to face to allow you an idea of how you and the attorney relate to one another.

This is not a business transaction, contract dispute or personal injury case that you are about to undertake. This is a family law matter that is near and dear to your heart. You want to be able to trust that your attorney understands this and is willing to do what it takes to help you achieve your goals.

Costs of a family law case in Texas

Family Law Attorney Houston: When you are trying to figure out costs of your potential child support enforcement case it is necessary to consider that you are about to incur costs that are beyond merely signing up with an attorney and paying a retainer fee. Filing your case in Harris, Montgomery, Ft. Bend or any other county in southeast Texas will cost a few hundred dollars at least. This is true whether it is our office that ends up working for you or another attorney across town.

Once your petition is filed in court your attorney will likely utilize a private process server to seek out your ex-spouse and provide notice that there is now a pending enforcement suit in familylaw court.

This too, while likely not as expensive as filing the suit, will cost money. You can ask your potential attorney in an interview what sort of plan he or she has for serving your ex-spouse so that your case does not endure any needless delays. It is extremely frustrating to hire an attorney, file your case only to find that your attorney is unable to serve your ex-spouse.

From my experience, there is little need in a child support enforcement case for mediation. Mediation is the process that you likely went through for your divorce where you and your ex-spouse met with your attorneys at an independent attorney’s office to attempt to settle your disputes prior to a trial.

This means negotiating with the assistance of the mediator and ultimately signing what is known as a Mediated Settlement Agreement (MSA) once a settlement is hopefully reached. This process takes the place of a trial. Mediation costs typically between $300 and $500 (in the Houston area) for a half day mediation, but can save you thousands if you consider how much a trial would have cost in your divorce.

Child support enforcement cases don’t really function like a divorce case. There is less to negotiate upon because the issues are much more minute. Are you owed child support? Has your ex-spouse paid the support to as stated in your Final Decree of Divorce? What does the Attorney General’s ledger show as far as arrearages? These are much more matter of fact questions that need to be answered, and the opportunity to negotiate is not as great.

Initiating the Child Support Enforcement Lawsuit

In the beginning stages of a child support enforcement case, you are paying a down payment, also known as a retainer, to your attorney. This retainer fee can range from $2,000 on up to $10,000 depending on the attorney you are hiring.

As we stated earlier the filing fees in most Texas counties is approximately $300, not including copies for service and filing. Finally, a process server will likely cost roughly $100 for you and your attorney to utilize their services.

Preparing for Trial and Negotiating a Settlement

In an enforcement case, there is no true “middle” of a case. Once your enforcement is filed and your ex-spouse responds with an Answer you and he/she are either going to each prepare for Trial or work towards a settlement of your case.

I had a child support enforcement case about eighteen months ago in which our client and the opposing party were able to work out a settlement rather quickly where preparation for trial was not even needed. It ended up that the opposing client had simply misinterpreted the final decree of divorce and stopped paying child support too early. The misunderstanding was resolved, a payment plan was conceived for the back child support owed and no trial was had.

On the other hand, I have also represented a child support client where it took us until the day before a trial to settle the case and work out a plan that would avoid a costly lawsuit. Indeed, preparing for a full-fledged trial and then appearing in court will be the most costly aspect of your enforcement case if it comes to that. If you can avoid a trial it is typically for the best due to the costs and risks associated with this final step.

Additional questions about the costs of a child support enforcement case? Contact the Law Office of Bryan Fagan, PLLC

Houston Divorce Attorney: If you are in need of experienced, strong and effective advocates for your child support related enforcement case I would recommend that you contact the Law Office of Bryan Fagan, PLLC. Our attorneys represent clients in enforcement cases regularly and have achieved successful results in doing so.

A free of charge consultation with one of our licensed family law attorneys is only a phone call away. We schedule consultations six days a week in our office and we would be honored to speak with you about the services that we can provide to you and your family ... Continue Reading