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Dallas Divorce Law Blog

Understanding the types of child support cases

There are a number of different types of child support cases that may apply to Texas parent. When exes are newly involved with the system, they may not be sure exactly how these cases are defined or why they are different. For example, some families manage child support payments directly between the custodial parent and the non-custodial parent while others pay child support through a state agency. There are a few types of cases, including IV-D, IV-A, IV-E and non-IV-D child support matters.

The "IV" designation is a reference to Title IV of the 1975 Social Security Act, which regulates the grants that states receive for aid and services to children and their families. In an IV-D child support case, the custodial parent receives some kind of support from the Office of Child Support Enforcement in order to receive payments. The types of assistance can vary based on certain factors, including establishing paternity or enforcing an existing child support order. An IV-A case is one in which the custodial parent gets public assistance from the state; in these cases, an automatic referral is made to the OCSE.

How might the concealing of assets affect your divorce?

You and your spouse have significant assets that you acquired during your marriage. Since Texas is a community property state, you know that your marital property will be divided when the judge finalizes your divorce. This may be reassuring, as you realize that becoming single can affect your financial quality of life, but you also worry that your spouse is the type to hide assets, so a portion wouldn’t become yours after the divorce.

Concealing marital property is against the law, and your soon-to-be-ex could be in contempt of court for lying under oath about his assets. However, this does not stop divorcing spouses from trying this tactic all the time. The following methods of concealing assets are common in family law courts:

  • Reporting an income that is less than the actual salary
  • Having one’s employer delay a promotion or annual bonus until after the divorce, or pay extra funds “under the table”
  • Regularly withdrawing a small amount of money from a joint bank account (getting cash back while grocery shopping, for example) and depositing it in an unknown bank account
  • Giving money or property to a friend to hold onto under after the divorce
  • Selling assets without the other spouse’s knowledge and hiding the profits
  • Charging personal purchases to the company’s account

How to be a good parent after a divorce

Parents in Texas may be able to dissolve their marriage, but they are not able to put an end to the relationship that they have with their kids. This means working together with the child's other parent to raise a son or daughter. To increase the odds of being an effective parent after a divorce, it is important to focus on the child's best interest.

Children need both parents in their lives when they are both fit to do so. It is important to remember that to a child, a mother or father is always a mother or father regardless of what happens. Children should not be privy to any disputes or conflicts between parents. They should also never be used as leverage in a dispute or conflict. Doing so may make them feel like it is necessary to choose sides.

How to resolve financial issues in a relationship

Texas parents who are planning to get married should have a conversation about finances as soon as possible. Doing so could make it easier to determine who will work and who will stay at home with the kids. It may also be a good time to discuss whether a parent will transition out of the workforce or back into the workforce in the future.

Proper planning might prevent a situation where one parent feels stressed out about their career but feels as if there is no option but to continue working. Stress about work and money can have a negative impact on a marriage and even lead to a divorce. Ideally, individuals who are raising children together will take time to empathize with what the other is going through.

Important considerations for business owners getting a divorce

Running a business can be full of stress, and the same often applies to getting a divorce. When you put these two together, your stress levels may reach an all-time high. 

If you own a small business and are going through a marital breakup, you are sure to face some unique challenges. Here are some important questions to ask as a business owner getting a divorce:

How to plan a parenting schedule

Following a divorce, it can be difficult for Texas parents to negotiate a parenting schedule with their former spouses. However, it's an important process that helps children adjust to their new living arrangements. Experts say that it also demonstrates the willingness of both parents to put their children first.

In order to create a good parenting schedule, there are several factors parents should keep in mind. For instance, parents should try to put themselves in their children's shoes when considering options. Kids will have to adjust to more travel than they're accustomed to and get used to splitting time between two households, so parents must try to anticipate the impact these changes will have on them. Parents should also keep in mind their kids' school and activity schedules when creating a visitation calendar. They also must address any special needs a child may have. If the children are older, their wishes can be also considered when creating the plan.

Paying child support while disabled

Being unable to work because of a disability can severely impair a person's ability to pay child support. However, a person's responsibility to pay child support doesn't typically end if he or she becomes disabled.

Custodial parents whose exes are unable to work due to a disability should determine if the disabled individuals have disability insurance. Employers may provide disability insurance benefits, which the disabled parent can use to pay child support.

3 tips for high earners facing divorce

Divorce is a difficult time no matter how much or little you earn. But if you are in a particularly high income bracket, there are particular challenges to your divorce that you need to be aware of.

If you are the primary earner in your marriage, you may have concerns over how much money you will need to provide your ex as part of your divorce. This is not an easy question to answer because all situations have their own unique factors. However, taking your high-income status into account as part of your divorce strategy is important. Here are three tips to keep in mind as you move forward in your divorce and choose a divorce attorney:

Relationship between child support and public assistance

Some Texas couples have a difference in their incomes, and one may need to seek public assistance when they end their relationships. When a person needs to get public assistance and has a child or children, his or her benefits may depend on any child support order that might be in place.

People who apply for public assistance benefits such as housing assistance, TANF, food stamps or Medicaid should expect the state to seek reimbursement from the children's other parent. The state may file for child support against the other parent so that it might be directly reimbursed for the costs associated with providing public assistance benefits.

Child support data

Many single parents in Texas receive child support payments to cover the expenses associated with raising a child. While there are some political analysts who say that too much child support is paid to single parents, the United States Census Bureau has collected child support statistics that show evidence to the contrary.

The latest "Custodial Mothers and Fathers and Their Child Support" report was issued by the Census Bureau in January 2016. The data in the report is intended to reveal a snapshot of the number of single parents who have an informal or formal child support order in place. The report also details how much money is owed and how much the parents actually receive.