Dallas Divorce Law Blog

The requirements for an alimony tax deduction

When Texas couples are ending their marriage, they should consider the possible tax consequences before executing a settlement agreement. A case decided in U.S. Tax Court illustrated the importance of documenting all spousal support payments within a legal agreement in order to receive a tax deduction for the expense.

The case involved a man who agreed to split with his wife a $250,000 bonus that he received in 2006 with his wife. He then filed for divorce in January of the following year, and he gave approximately half of the bonus money after tax withholding to his wife in May. They agreed in June that he would report the entire bonus amount on his tax return. Their marriage officially dissolved on Aug. 8, 2007, and the documents included a spousal support order that included various financial details but never referenced the bonus money.

How to prepare financially for a divorce

Texas couples who are ending their marriages may need to take stock of their financial situation and make plans for how they will handle those finances both during and after the divorce. It may be better to take advice from legal and financial professionals than from friends and acquaintances who have been through divorces before. Different situations may require different solutions.

People should look at their income, household expenses and debts, and gather financial documents. Tax returns, bank, credit card and investment statements, and pay stubs are among the documents that people should keep handy. Even if the divorce is amicable, people should be prepared for resistance from their spouse. It may be necessary to go through legal channels to compel a spouse to release financial information.

Same-sex couple granted divorce amidst intervening lawmakers

Texas couples considering divorce may be interested to learn that a Tennessee judge granted a divorce to a same-sex couple. The case had become a political issue after the judge had initially denied parental rights to one of the women as he argued that she did not meet the state's legal definition of "husband".

Throughout the divorce, lawmakers had been attempting to intervene by filing court papers. They were represented by the Family Action Council of Tennessee, a group that supports only marriages between one man and one woman. In fact, lawmakers were pushing a bill through the state legislature that encouraged judges to deny certain rights to same-sex couples, especially when the judges were defining legal terms like "husband" and "wife".

Mistakes parents can make during custody disputes

When Texas parents are attempting to resolve a child custody dispute, emotions can get in the way. In some cases, they can even cause them who have not been able to amicably come to a resolution make mistakes. These mistakes do have the potential to have an impact on how a court will resolve a custody dispute.

Divorced arents should avoid making the custody dispute about how the other parent failed them. While their substandard ability to be a helpful partner during the marriage could potentially be an indication of their ability to parent the children on their own, this is not always the case. Further, the judge may view the parent in a negative light if they believe that the parent will be unable to or unwilling to collaborate with their ex if they are given joint custody.

Tips for a child custody hearing

Texas parents who are going through a divorce will likely need to determine issues related to custody and visitation. It is best if they can negotiate a legally binding agreement between themselves with the assistance of their respective attorneys. However, if they are unable to do so, the custody battle may go to court where the judge will use the standard of the child's best interests to make a decision. There are things people may be able to do to present themselves as the best parent in this situation.

Although it seems superficial, parents should take care with their appearance for the custody hearing. They should also be polite and observe court etiquette. Parents who have documentation that can support their claim that they are the best choice for custody should bring it to the hearing. A judge will also take into account a parent's willingness to cooperate with the other parent.

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.