Lisa E. McKnight, P.C.Dallas Divorce Attorney | Family Law Lawyer | Collin County Texas Child Custody & Support2023-06-06T11:57:15Zhttps://www.lisamcknight.com/feed/atom/WordPress/wp-content/uploads/sites/1302440/2020/06/lisa-OG-2019-06-14-06-54-29-1-75x75.gifOn Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513752022-04-15T19:36:56Z2022-04-27T19:16:34ZSeparate and community property
Examples of separate property can include property owned by one of the spouses prior to marriage; property received as a gift or inheritance of one spouse during the marriage; personal injury awards received by one spouse; and stock dividends or capital gains on separate property investments of one spouse. Debts will also be treated in similar fashion.
Generally, community property includes any assets or debts the couple acquired during the marriage. Under Texas law, community property is considered to be owned jointly by both spouses. However, this does not mean that the parties will split it equally in divorce. Some types of assets, such as a family car, cannot be easily split in half. Instead, the parties negotiate a settlement which meets their needs and satisfies guidelines of state law.
Some of the most complex situations involve commingled assets. For instance, the couple may have purchased a home together during the marriage, meaning it might be considered community property. However, in order to buy the property, each spouse contributed separate funds they had acquired before the marriage, and one spouse contributed much more than the other. In this type of situation, the home may be considered as commingled property.
Reaching a property division agreement between divorcing spouses can be a challenging process. Couples may agree but they may not. Community property rules and considerations such as how long the couple was married; the separate property assets owned by each of the spouses; the earning capacities of each of the spouses; and any costs associated with childrearing may all be considered. Those who are considering divorce can learn more about the process by speaking with an experienced family law attorney.]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513732022-03-28T22:12:35Z2022-04-13T22:11:03Zreporting from KXAN-TV cited the plight of a Central Texas father whose son was taken by the child’s mother back to Mexico after he had begun a court-supervised process to establish a relationship with his child. Even though the couple were never married, the father began to pursue custody of the child. The judge had granted him sole management conservatorship just before the biological mother crossed the border with the child.
The Hague Convention
In international custody or child abduction cases, the Hague Convention comes into play as an international treaty between countries to facilitate the return of children under the age of 16. The purpose of the treaty is to protect children from the harmful effects of removal, and to determine if it is in the best interests of the child to return or to stay.
The Convention outlines the conditions under which a court may deny the return of an abducted child:
If the child’s return would expose the child to harm.
If the child is of the age of majority and objects to the return.
If it has been more than one year and the child has settled.
The party seeking return has consented to the removal or does not have custody rights.
In such cases, attorneys not only represent the custodial rights of the parent left behind, but also the parent who may have left due to domestic violence. In 2017, 70% of abductions were by women, 80% of whom were the primary caretaker.
Child abduction cases in Texas
In 2020, more than a third of the international child abduction cases opened that year involved the removal of children to Mexico. It is a relatively simple procedure, as the parent removing the child can simply drive out of the country. As many of these children do not have citizenship in the country of arrival or U.S. passports, this also complicates matters.
When pursuing an international abduction case, it is important to know where the child custody order came from, and also that the home state is where the child has lived for the past six months. For residents of Dallas and surrounding areas, it is wise to get more information on the proper legal steps to take when seeking the return of your child.]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513702022-03-11T14:03:08Z2022-03-30T13:02:34Zmoving up.
Same-sex divorces
As same-sex divorces increase, there appears to be a stark contrast between male-male divorces (gay divorce) and female-female divorces (lesbian divorce). While same-sex divorce rates are steadily moving up, there appears to be a larger percentage of lesbian divorces than gay divorces. In some studies, the numbers are extremely divergent, but the numbers are still much lower than opposite-sex divorce rates.
Marriage too fast often blamed
At least anecdotally, some blame a rush to marry after the legalization of same-sex marriage and divorce. In that momentous moment, with the weight of generations of LGBTQ denied the right to marry, many couples rushed to the alter. And, perhaps, some of those figuratively and literally rushed too fast. This may explain some of the rising divorce rates as these relationships have run their course.
Similar reasons
For our Dallas, Texas (and surrounding communities, like Dallas Collin, Denton and Rockwall Counties), readers, it should come as no surprise that many of the reasons cited by same-sex couples are the same as opposite-sex couples. Indeed, it seems that, once children are introduced, regardless of the gender makeup of the relationship, all parents have the same problems, which sometimes, led parents to divorce. Though, even for childless couples, the falling out of love or the failure of intimacy is still one of the largest issues that led to divorce.
]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513682022-02-24T12:50:57Z2022-03-16T11:49:30ZMary J. Blige’s case serves as an example
To see an example of this, look no further than the divorce case of singer Mary J. Blige. Despite having accumulated a significant amount of wealth from her acting and singing career, the latter including Blige’s most recent appearance at the Super Bowl Halftime Show, the singer claims that she found herself struggling to make ends meet after she was ordered to pay temporary alimony to her now former spouse.
According to Blige, the $30,000 a month alimony payment was so expensive that she was forced to go on tour just to ensure that she could pay her bills. Those payments lasted about two years. Blige alludes to a belief that the payments were unfair, claiming that one reason why she was short on funds was because her spouse at the time had spent it all of her money.
Don’t be taken advantage of during your divorce
If you’re headed for a high asset divorce, then you shouldn’t let appearances negatively impact your divorce decree and your obligations moving forward. That’s why it’s imperative that you understand the law and how to present evidence that speaks to the law in a way that supports your position. We know that can be an oftentimes confusing task, which is why we stand ready to help our clients avoid the drastic outcomes seen in cases like Mary J. Blige’s.
]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513662022-02-16T20:07:44Z2022-03-02T20:06:15ZDivorce can be granted based on confinement in a mental hospital
A person being confined in a mental hospital is grounds for divorce. The person who is filing because of the other party being confined in a mental hospital can do so whether it is a state or private facility. They must have been in the facility either in Texas or in another state for a minimum of three years. The court will also gauge the prognosis of the person who was confined in the mental hospital. According to the law, the disorder itself is imperative. If it is deemed to be so severe that the person is unlikely to adjust after being released or a relapse is likely, then a divorce can be granted because of it.
A child’s best interests and a mentally ill parent
This issue can also impact children, whether the parent who was confined to a mental health facility can have possession and what the parameters are. In general, the child will have contact with a parent who puts the child’s best interests first. The child must have a stable, safe and nurturing environment that is free from violence. The parents are expected to share the duties to raise the child. If a parent is dealing with a form of mental illness that can hinder the child’s development, that will obviously impact the case.
For cases in which mental illness may be an issue, professional legal advice is key
Mental illness in a family law case can be a complicated issue. Because this is so difficult to navigate and people are concerned about their own welfare, a child’s welfare and how the other parent will handle their daily activities as they navigate their mental health, it is wise to have professional advice from the start. For a parent who is suffering from mental illness, it is also important to have guidance throughout the process. This is crucial to try and achieve an acceptable result.]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=513622022-02-01T11:04:05Z2022-02-16T11:02:48Zspousal support, or alimony, may be awarded.
When spousal support may be awarded during divorce
There are a couple of circumstances when a former spouse may receive alimony. The divorcing couple can agree to it but when they do not The spouse requesting it must first demonstrate that they are eligible to receive spousal support. To demonstrate eligibility for alimony, the spouse requesting it must demonstrate that they cannot afford to support their minimum reasonable needs.
In addition, to be successful in a request for spousal support, the paying spouse must have committed domestic abuse during specified time periods or the recipient spouse is unable to earn sufficient income to support their reasonable needs and their inability to do so is because of a physical or mental disability; because of their responsibility to care for a minor child from the marriage who requires exceptional care; or the marriage lasted greater than 10 years.
Once the spouse requesting spousal support has established that they are eligible to receive it, if it is granted the amount of spousal support the recipient spouse will receive will also have to be determined and the duration of the support will need to be determined which is usually based on the length of the marriage. Spousal support is one of the important concerns that must be addressed during the divorce process. Because of its implications for both spouses, it is useful to understand.
]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=512602022-01-19T08:25:59Z2022-02-02T08:24:56Zdivorcing spouses experience economic abuse when their soon-to-be ex attempts to control them financially. Abusive spouses may act out against their partners through insurance.
What is insurance revenge?
During a marriage, both parties are often covered under the same insurance policies and typically least each other as beneficiaries. Spouses may use these insurance policies to harm their partners during a divorce by:
Secretly canceling the car insurance policy (partner unknowingly continues to drive while uninsured)
Removing partner’s name from insurance policy
Destroying property for the purpose of filing a false claim
Taking money from cash value life insurance policy
Failing to make payments so policy is canceled
Divorcing spouses in Texas need to protect themselves from the possibility of economic abuse, particularly when it comes to insurance. Experts suggest keeping a careful record of all finances and insurance policies and contact your insurer to ask them to contact you if any changes are made to your policy. You should also make sure to purchase your own car insurance as well as renters or homeowners’ insurance for your new home/apartment, assuming you are moving out of your marital home. It is also important to remove your ex from any group life insurance or health insurance policies and if you are covered under your spouse’s plan, you may be able to continue your existing coverage through COBRA temporarily.
Experts also advise consulting with a family law attorney as soon as possible. An attorney with experience dealing with divorces involving economic abuse can help make sure you are protected financially throughout the divorce process.
]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=501512022-01-18T16:45:14Z2022-01-18T16:45:14Zhigh asset divorce may need to use appraisers and other professionals to determine the value of their property. People also may own assets that will result in tax consequences for the spouse receiving the property that must be considered when dividing the asset. Also, there are some assets, such as retirement accounts that will actually require a separate order to actually divide them.
At the end of a divorce one spouse may be awarded a portion of the other spouse’s retirement account, like a 401(k), which is governed by federal laws known as ERISA. Despite there being a divorce order dividing the property, plan administrators cannot actually make the transfer unless there is an order known as a qualified domestic relations order (QDRO) ordering them to disburse a specific amount to the other spouse. QDROs must meet specific requirements in order to be valid though.
Through a QDRO the spouse receiving the retirement funds will also be able to avoid the early withdrawal penalties and it will not be taxed as income if the receiving spouse rolls the funds into their own separate retirement account.
Many divorcing couples in Texas have retirement accounts governed by ERISA. These include 401(k)s, pensions and other retirement accounts. These accounts can have significant amounts of money in them and can be a major part of the property division. It is important that these accounts are divided properly and also have valid QDROs so the receiving spouse actually receives the funds. Experienced attorneys understand these specific laws and may be a useful resource.
]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=501622022-01-05T15:19:45Z2022-01-05T15:19:45Zchild support enforcement methods are.
Texas child support enforcement methods
There are several methods of enforcing child support including:
License suspension: Parents who fail to pay their child support may have their driver’s licenses suspended. They may also have a professional, hunting or fishing licenses suspended for failure to pay child support.
Passport denial: A new or renewed passport may be denied to a parent who has failed to pay child support.
Lottery intercepts: Lottery winnings of the paying parent can be intercepted and applied to unpaid child support.
Lien placement: Liens can be placed on a variety of different types of property and assets for failure to pay child support including properties, bank accounts, retirement plans, life insurance plans, personal injury claims, insurance settlement or awards and other assets as well.
Credit bureau reporting: The amount of child support owed and the amount of child support paid is reported to credit bureaus which will reflect unpaid child support.
Civil or criminal contempt of court: Nonpaying parents can be held in civil or criminal contempt of court for failure to pay child support which can also result in jail time in some instances.
Following a divorce, it is important to comply with divorce-related orders including child support orders. Parents who are facing challenges paying their child support may have child support modification options to consider and parents struggling to collect child support should be familiar with child support enforcement mechanisms in place to help them.]]>On Behalf of Lisa E. McKnight, P.C.https://www.lisamcknight.com/?p=501642021-12-21T09:53:27Z2021-12-21T09:53:27Zrequests for the modification of a previous court order for child custody or child support will require an attorney’s assistance at some point.
The beginning
A request for an amendment to a previous order for child custody must be started by filing a motion in the same court that granted the divorce, assuming that both parents still reside in the same county. If one or both has moved, a lawyer will be necessary to straighten out problems with jurisdiction. The person seeking the change – called the “petitioner” – must file a written request – called a “motion” - for action by the judge. The motion must specify the action that the petitioner wants the judge to take.
Supporting the motion with evidence
The petitioner bears the burden of proving that the motion for a changed order is warranted by “substantially changed circumstances.” Two essential grounds exist for establishing substantially changed circumstances:
Three years have passed since the last support order in the case, and a new support order based on the state’s legislatively established guidelines would differ the last order by at least 20% or $100; or
The life circumstances of the child, a conservator, either of the parents, or any other person who may be affected by the order have materially and substantially changed.
A petitioner can prove substantially changed circumvents by introducing evidence of one of the following:
The income of the parent ordered to pay child support has either significantly increased or decreased, or
The parent ordered to pay child support is legally responsible for additional children,
The child's medical insurance coverage has changed, or
The child's living arrangements have changed.
Other examples of changed circumstances may include a serious injury or illness suffered by the child.
Proof in such cases can be complex, and an experienced divorce attorney may be needed to present a persuasive case.
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