Dallas Divorce Law Blog

When a child becomes emancipated

In the state of Texas, children become legally emancipated when they reach the age of majority. If their parents are divorced, the noncustodial parent will no longer have an obligation to pay child support. In some rare cases, however, the child may become legally emancipated before reaching the age of majority.

This may happen for a few reasons. First, they may get married, meaning they will become legally responsible for supporting their new family. They may reach economic independence before they reach the age of majority. They may completely abandon their parental home or they may become active members in the military.

Getting a divorce while owning a company

When Texas couples who started a company decide to get a divorce, it can be difficult to determine what will happen to the business. If the couple did not have a buyout agreement when they founded the company, the business could end up being given to one of the estranged spouses or be sold altogether.

If a couple is in some sort of relationship when they found a company, it is recommended that they discuss some sort of buyout so that the business can continue to function if the relationship sours. Discussing buyout clauses can be uncomfortable for both individuals; however, it could prevent the company's demise in the future. The founders of a Delaware company, for example, found this out the hard way when their romance ended and they could no longer run the company together.

Mother of Jose Reyes' daughter sues for child support

Texas fans of Mets player Jose Reyes may have heard that in addition to the three children he has with his wife, he has a daughter with another woman. She has filed a suit against Reyes alleging that he is not paying her the 17 percent of his income in child support that the law requires.

However, according to her attorney, the primary issue is the alleged failure of Reyes to have contact with his daughter. The attorney says that they would ask for less money if this were not the case. The attorney also said that the child would like to have contact with Reyes' other daughters. A court date has been set for March 22.

Fathers and delinquent child support

There are many Texas fathers who do not live in the same households as their children. According to a study, fathers who owe back child support may spend less time with their children, are likely to have children with multiple partners and may work fewer weeks a year than those fathers who stay current.

. Parents in the United States paid $32.4 billion in child support though the federal Office of Child Support Enforcement in fiscal 2015. Typically, the parents who do not live with their children have to submit child support payments to the parents who do.

Keeping a trust protected in case of divorce

When Texas residents come from a wealthy family, they may be wondering how they can protect their assets when they get married. If the proper steps are not taken, theycould potentially be required to divide up some of the assets if a marriage does not last.

To prevent a potential former spouse from having any claim to preexisting trust assets , the terms of the trust must be extremely clear. If the terms are open or vague, it could be potentially argued that a former spouse has claim to at least some of the trust money. However, if the terms are clear and do not violate any laws or public policy, it is likely that they will be honored in court.

What to do with a home during a divorce

Texas couples who are ending their marriage and who own a home together will need to decide what to do with their residence as part of the overall settlement. Because divorce is a process that can become highly emotional, it is important for couples to seek information about their options so they can make the best rational financial decisions.

There are some basic options a homeowner can consider when it comes time to decide what to do with their home as part of the the asset division process. Couples can decide to sell the home immediately and split the proceeds, they can choose to keep the home for the time being, even if only one of them will be living in the home, or they can choose to have one person buy out the other. Each option has different economic implications, and the decisions should be made thinking about what each person can afford to do after the divorce.

When child exchanges become dangerous

Texas parents who have ended their marriage may not enjoy the actual exchange of physical custody, especially if they are still harboring resentments. While thousands of child exchanges occur every single day, the environment can easily become emotionally charged and result in serious consequences for both the parents and the child.

There are numerous examples of child exchanges going wrong. A 49-year-old Denton man, for example, was fatally shot by the boyfriend of his ex-wife during a swap. Another Texas man, aged 20, was shot and killed after he had arranged for a friend to shoot him so that he could win custody of his child. A Denver man also attempted to win custody of his child by putting a knife in the child's backpack with the intent to blame it on the mother. Instead, he was issued multiple charges, including child abuse.

Complications in asset division in Texas

The largest issue in many divorces is how assets will be divided between the couple. Some spouses who are interested in ensuring that they receive an equitable portion of the property may miss out on assets that they have rights to because the assets are difficult to divide. While checking accounts may be easy to split up, this is not always the case with all the assets a couple may own.

There are a number of assets that are tricky to determine the value of, so divorcing spouses may simply not ask for them or understand their actual worth. For instance, stock options, retirement account funds and deferred compensation can be difficult to put a value on, especially since the value may increase over time.

Divorce complications that may arise after a long marriage

Older people in Texas who are considering divorce may struggle with the emotional turmoil of ending a decades-long marriage as well as the practical difficulties of separating their life from that of their former spouse's. Research says divorce is on the rise among older adults, and this is reflected as well in the divorces of prominent couples such as Morgan Freeman and Myrna Colley-Lee, who were married for 24 years, and Al and Tipper Gore who were married for 40.

Although this process may be difficult, it can also be a positive time. Divorce has lost much of its social stigma, and increasingly, women over 60 are filing for divorce because they see the opportunity to start fresh. However, there may still be financial difficulties. A growing trend is older single adults sharing housing. When a couple divorces, it may be financially impractical or impossible for either of them to keep the family home.

How child support improves children's lives

Texas parents who are unmarried or divorced may not have a formal child support agreement in place. According to a forthcoming study, while parents and children are better served in the current child support system in terms of more families getting more assistance, overall, the number of families in the system are down. In 2004, 60 percent of custodial parents who were eligible for child support had a formal agreement in place. By 2014, that number had dropped to 49 percent.

This has many implications for a child's well-being. When both parents are paying toward a child's support, this increases income and the child's access to resources, and this access has been linked to better outcomes. Furthermore, not getting child support increases the stress on the custodial parent, and this is linked to worse outcomes for the child.