Harris & McKeown Law Firm

The Costly Consequences of Divorce: Financial Implications

Fri, 24 Mar 2023 05:47:47 GMT

Divorce is often seen as a way out of an unhappy or broken marriage, but it can come at an immense financial cost that can have long-term implications on the life of those involved. Divorcees who are weighed down financially by divorce may struggle to provide for their families, purchase a home, pursue higher education, and more; in some cases, they find themselves worse off than if they had stayed together. Finances are a critical element to consider when contemplating divorce, so it is best to be aware of what finances and costs may come with the process. Preparation is key to ensure that you understand the financial consequences associated with this major life decision.

Understanding the financial costs of divorce

Divorce can be a complicated and expensive process, making it all the more important to understand the financial costs. Working with a divorce lawyer or another divorce professional can help parties understand the costs of divorce upfront, including filing fees, court costs, alimony, child support, and sometimes the cost of divided assets. Knowing these costs can help parties proactively plan budgets both during divorce proceedings and post-divorce. It is wise to hire a divorce professional who can provide guidance that may even save money in the long run.

A Forbes article reports, "The median cost of a divorce in the U.S. is about $7,000, but this is not a one-size-fits-all price tag. The more complicated contested divorces—ones with disagreements around issues such as property distribution or child custody—can become significantly more expensive, often running up tabs well over $100,000."

Dividing marital assets upon divorce

When it comes to divorce proceedings, dividing marital assets can be a major source of contention. Depending on the state, marital assets can range from real estate and retirement benefits to inherited property. With so much at stake, attorneys' familiarity with case law is key in ensuring that both parties receive a fair and equitable portion of the marital estate.
This change alters the financial status of both parties, as their previous unit has now become individual entities

Spousal Payments

Spousal payments are a common payment obligation often part of a divorce settlement. Unfortunately, such payments can have costly implications for the spouse obligated to pay. Depending on the terms of the court order or settlement agreement, spousal payments may last for several years and include interest if they are overdue. Additionally, if spousal payments are missed entirely, repayment will become due in full and is usually coupled with other penalties determined by the court order or settlement agreement. Therefore, making timely spousal payments is essential to avoid potential massive costs later down the line.

A divorce lawyer in Cedar Park, TX can help you understand the terms of your spousal payment obligation and provide advice on how to manage those payments over time.

Impact of custody arrangements on finances

Divorce lawyers in Cedar Park, TX typically recommend that parents consider the financial impact of their custody agreement when determining what arrangement is best for the family. Splitting assets and providing support can become more complicated with young children, and it is important to keep their current and future needs in mind.

If one spouse will be primarily caring for the children, then the other may need to make regular child support payments. If one parent is covering health insurance premiums and deductibles for doctor visits, they should expect contributions from the other parent to cover these costs.

With careful planning and consideration, parents can structure a custody agreement that ensures the well-being of their children while also protecting all parties involved from financial hardship.

When deciding whether to divorce or not, it is important to be mindful and aware of the costs and financial implications associated with divorce. Working with a knowledgeable divorce lawyer in Cedar Park, Texas can help in understanding these costs and achieving an equitable resolution. Taking legal action early on can also help to avoid future costly surprises during and after the process. Divorce is no small matter, and it is important to protect yourself, your children, and your assets throughout the process. Preparing and planning are essential to avoid completely upending one's life.

With guidance from a trusted Cedar Park, TX divorce lawyer, like the Harris & McKeown Law Firm , you can ensure that all bases are covered when making decisions about dissolving a marriage. By understanding the financial costs of divorce in advance, both parties can plan accordingly while protecting their interests. A divorce lawyer can provide advice on the best course of action and represent you in court if necessary to ensure a fair resolution. Ultimately, your goal should be to leave the process as financially secure as possible.

Harris & McKeown Law Firm has extensive experience handling divorce cases for individuals throughout Cedar Park and the surrounding areas. Contact us today for an initial consultation and to have a team behind you as you navigate this transition to a new life.

Splitting Assets in Texas: A Guide to Dividing Property After Divorce

Fri, 10 Mar 2023 06:34:16 GMT

Divorce can be one of the most difficult experiences a person ever has to go through. Not only does it disrupt family life, generate emotional hardship, and potentially lead to economic uncertainty, but it also requires an intense amount of legal maneuvering to split assets properly. The process is intricate and can vary from state to state.

Overview of Divorce Laws in Texas – What You Need to Know

According to the legal framework of Texas, in a divorce, the court is tasked with dividing marital property in a way that it deems fair. It must also make sure that any obligations resulting from the marriage are observed and carried out.

This is initially achieved through an even 50/50 split of all components of the marital estate. Afterward, further adjustments may be necessary, depending on several factors that can affect the degree of fairness involved.

What Property is there to Divide?

An important first step in asset division is determining which assets need to be split - such as real estate, cash, investments, and debt - should all be divided according to the terms of the divorce agreement. Each spouse should then consider their own needs and decide how certain assets will be divided between them. Once the two parties understand which assets are being contested during the divorce process, they can begin to negotiate how those assets will be divided.

Divorce lawyers in Cedar Park, Texas, can provide invaluable advice when it comes to splitting up assets equitably. Divorce negotiations and settlements involve complex legal issues such as alimony, spousal support, and division of marital property. A divorce lawyer's expertise allows them to astutely assess the respective contributions that each party has made throughout the marriage, thereby helping both parties reach an agreement on a fair division of their collective assets.

The division of assets is typically conducted through two different routes: either via an informal agreement between spouses or a formal court order. A Cedar Park, TX divorce lawyer can help you draft up an agreement or support you in court.

Understand the Difference Between Separate and Community Property

When it comes to divorce proceedings, it is important to understand the distinctions between separate and community property. Separate property refers to any assets or income owned by an individual before marriage or acquired during a marriage by inheritance or gift.

Community property refers to anything acquired during a lawful relationship through joint effort and is divided equally at divorce.

When in the middle of a divorce, it is assumed that everything jointly owned between you and your partner is community property. To reclaim any separate possessions from this pool, each spouse must present sufficient proof to back up their claim.

Judges will use their discretion to fairly divide community property between both parties. Keep in mind that "equitably" does not equate to an even split; certain aspects of the situation are taken into account when coming up with a suitable arrangement.

Determine Which Assets Are Considered Community Property

Community property is an important area of law to understand, especially when encountering legal proceedings involving divorce or debt. Establishing which assets are considered community property between partners can be complex. It is encouraged to refer to municipal statutes and seek legal advice from a divorce lawyer in Cedar Park, TX, to accurately identify community-property assets, such as individual incomes earned during the partnership, or any acquisitions, such as mortgages that were made together. Thoroughly understanding community property laws can help promote harmony between individuals entering into pacts with one another and avoid confusion when dividing assets.

Distribute and Record the Assets

Once it has been established which assets are community property, then they must be divided between both parties. This can be done through an agreement between the spouses or via a court order. With all communal finances being sorted out, it is essential to properly document and distribute each asset by the decree of divorce.

By understanding applicable laws covering the matter, a divorce lawyer in Cedar Park, TX, can help you navigate potential pitfalls in asset division processes and ensure equitable outcomes for all parties involved. Divorce lawyers are therefore essential tools for achieving equitable divisions in asset-sharing proceedings. If you are in the process of a divorce or thinking you may be filing for a divorce soon, contact us at Harris & McKeown Law Firm in Cedar Park, Tx.

We understand that the process of filing for a divorce is often overwhelming, both emotionally and financially. That’s why Harris & McKeown Law Firm in Cedar Park, TX offers experienced legal guidance and assistance with asset division matters. Our knowledgeable divorce lawyers can provide advice on how to divide up community property with an agreement. We are committed to helping clients reach fair and equitable agreements when it comes to dividing assets. Our legal team will guide you through the asset division process, using their expertise in Cedar Park, TX divorce law to ensure that your individual needs are met without having to resort to costly litigation. Contact us to learn more about our asset division services and how we can help you make sure your divorce is fair and equitable.

Essential Tips for Arranging Child Custody

Fri, 24 Feb 2023 23:14:14 GMT

In modern society, divorce, unfortunately, affects about 40% of marriages - a daunting statistic. But when young ones are concerned, the outcome can have lifelong consequences; that is why selecting an appropriate child custody arrangement must be done with great consideration and forethought. If you're facing this challenge or just starting to think about it, here are some key tips for your attention.

Understand your state's child custody laws

Parents who are navigating the process of child custody should make sure they understand the laws of their state. Every state in the US has its own legal framework, and understanding these laws can be a critical factor in creating a successful outcome for one's parenting plan. Parents would benefit from consulting with local child custody lawyers in Cedar Park, TX to gain an understanding of how their state's child custody laws could apply to their unique situation. Ultimately, becoming familiar with applicable legal principles can help provide greater security by establishing a well-defined plan for raising one's children.

In Texas, family code under chapter 153.002 states "The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child." This means that Texas isn't a favoring state of either parent as opposed to seeking what options are best for the child's health and safety. A joint custody arrangement is the first option that would be assumed as the best, but this isn't always the circumstances. When seeking court assistance, a judge will take into account the entirety of the situation when deciding what would be best.

Make a parenting plan that is in the best interests of the child

When creating a parenting plan that is in the child's best interest, child custody lawyers recommend considering things like schedules, holidays, and school breaks. Crafting a schedule for both parents that cover pick-up and drop-off times, as well as sleepovers during school breaks will ensure that the child can still spend time with each parent regardless of their differing schedules. Holidays should also be a priority when planning visits; in doing so, one parent does not have complete control over the child's holiday experience.

When family structures shift, it is essential to bear in mind the health, well-being, and safety of the child. Furthermore, ensuring that they can continue to indulge in activities that bring them pleasure is just as crucial. A young person's life consists of more than their immediate family; thus, preserving an existing support system should also be taken into account for any substantial changes within the household.

Establishing schedule rotations in advance will eliminate frustrating negotiations over sharing time with the child down the road or increase the likelihood to take away from their best interest. Remember, it isn't about you and your ex-spouse's feelings toward each other. It's the love you share for your child that should be the leading factor.

Co-parenting takes cooperation and communication

The child's best interest should be kept in mind when making parenting decisions. That's why it is so important for divorced parents to find ways to cooperate and co-parent as amicably as possible. Open communication between the two parties can go a long way in promoting healthy relationships between both parents and their children. It will also provide clarity and establish a sense of security for the child.

Parents should strive to make decisions together, as much as possible. This means discussing major changes in their lives (moving or changing jobs) or even talking about bedtimes and rules with their ex-partner. It is important to ensure that both parents are on the same page and that the child is receiving consistent feedback.

When parents can successfully co-parent, they are providing a loving environment for their children to flourish. In doing so, they will help foster strong relationships between both parents and their children resulting in healthier family dynamics. Healthy family dynamics is essential in the development of how a child sees themselves and the world around them.

If you are living in Cedar Park, Texas, struggling to make a plan for your children's future after a divorce or separation, consider seeking help from a professional child custody lawyer. They will be able to provide valuable insight on how best to establish a custody arrangement that is in the child's best interest. A child custody lawyer can also assist in mediating between parents and providing ideas on how to resolve disputes that may arise during the process. Ultimately, it is up to both parents to create an environment where the child can thrive and be loved in equal measures.

Every single case is unique and what is in the best interest of a child is not always joint custody for several possible reasons, so it's imperative to connect with a child custody lawyer right off the bat. The Harris & McKeown Law Firm in Cedar Park, Texas, comprehends that your only priority is what’s best for your kids and you would do anything in order to defend them. You need proficient legal representatives who can guide you through this difficult journey – contact us today to book a free consultation and to learn more about the steps we will take together as we fight for child custody and parenting time!

Embracing the Changes: Preparing for Divorce in Texas

Fri, 10 Feb 2023 23:08:29 GMT

No one gets married expecting to get divorced. But, unfortunately, Divorce is a reality for many couples. Studies indicate that common grounds for divorce include a lack of passion, devotion, or trustworthiness in the partnership as well as an overall incompatibility. What's more, continuous disagreements and clashes over finances or substance abuse can likewise complicate matters. Many individuals point to their separation being caused by a breach of expectations they had placed on their marriage at its onset. ( Psychology Today )

Divorcing in Cedar Park, Texas can be a trying experience. Luckily, there are numerous resources available to assist you throughout the process. Whether it's you or your spouse who is initiating the divorce proceedings, preparing ahead of time will make all the difference for having an easier journey through this difficult period of your life.

Speak with a lawyer to understand your legal rights and options

It is important to fully understand the legal rights and options when handling divorce proceedings in Cedar Park, Texas, and consulting a divorce attorney is the best way to ensure you are aware of all the necessary information. A divorce attorney can help inform you of your obligations and entitlements in the divorce. Additionally, they can help protect your assets by providing counsel on divorce laws and ensuring that an equitable division of debts or property is reached. By speaking with a divorce attorney, you can have peace of mind that relevant legalities are not being overlooked and your rights are taken into account.

Gather all important documents, such as financial statements and tax returns

If you are in the process of divorce in Cedar Park, Texas , it is important to gather all your important documents, such as financial statements and tax returns to provide to your divorce attorney. Organizing all relevant information for your divorce case beforehand can save time during initial consultations and ensure important details do not get lost in the shuffle. Having all pertinent documents on hand will enable your divorce attorney to represent you more effectively in negotiations with the other party.

Make a list of your assets and debts

Knowing your assets and debts is one of the most important factors to consider when consulting a divorce attorney. Keeping track of the money you perpetually owe as well as payments, savings, and other financial assets is an essential part of understanding where you stand in a divorce case. Taking the time to make a thorough list of assets and debts can be beneficial when discussing this information with your divorce attorney so that they can understand both sides of the situation fully. Doing this will not only help you and your divorce lawyer come up with strategies to get what’s best for you, but it will also give you a clear-cut picture of your financial status post-divorce.

Consider counseling or therapy to deal with the emotional aspects of divorce

After divorce, it is important to address the emotional toll divorce can have on an individual. Consulting with a divorce attorney is a great way to learn more about divorce proceedings and what to expect. However, considering counseling or therapy can be beneficial in helping you find healing and closure regarding the divorce and all its related emotions. A mental health professional will encourage healthy coping strategies such as self-care, mindfulness, learning new skills, etc. Therapy can also help support you through dealing with any negative associated emotions such as guilt, fear, or anger.

During these difficult times, it is crucial to keep a positive attitude and outlook on life. Even if there seems to be no end in sight, stay strong and remember that this is just a new chapter in the story of your life. All the trials and tribulations we go through are here to prepare us for the future, so use this opportunity to establish desirable habits and create lasting memories. Taking control of your mindset will serve you well now and in what's ahead; by investing mentally in yourself and staying positive you are setting yourself up for a successful future!

Divorce can be a very confusing and intimidating process, but having an experienced divorce attorney in Cedar Park, Texas by your side will ensure that you are taken care of throughout the entire process. Having a professional legal guide to turn to for advice and counsel throughout the divorce proceedings is invaluable. By taking proactive steps such as gathering important documents, creating a list of assets and debts, and considering counseling or therapy to help process the emotional aspects of divorce can be incredibly beneficial in ensuring you make it through with your rights protected. Use this time to focus on yourself, practice self-care, and stay positive! With a little bit of effort and guidance, you will be able to find closure and peace.

Harris & McKeown Law Firm in Cedar Park, Texas is ready to help guide and support you through this process from beginning to end. We provide a wide range of divorce law services, including divorce consultations , dissolution of marriage, legal separation, and annulment. We also provide legal services that go hand-in-hand with divorce. We know that there is more to a divorce than paperwork and want to help you find ease in this transition. Contact us for a free consultation to assess where you are at and develop a plan that you feel secure with and can get what you are entitled to.

Understanding Domestic Violence: Causes and Solutions

Fri, 20 Jan 2023 21:21:55 GMT

It is estimated that one in every four women will experience domestic violence at some point in her lifetime. National Library of Medicine , 2022) Domestic violence can take many forms, including physical, sexual, emotional, and financial abuse. It can happen to anyone, regardless of age, race, religion, or socioeconomic status. Despite the widespread prevalence of domestic violence, there are still many misconceptions about its causes and solutions.

What is domestic violence and what are its causes?

Domestic violence is a form of abuse that takes place in domestic settings, such as domestic couples, family members, roommates, or any other domestic relationship. It includes physical violence, sexual violence, psychological violence, and emotional abuse.

The causes of domestic violence can be attributed to a range of factors including power dynamics within domestic relationships. It is often rooted in power and control wherein one partner attempts to gain more power over the other by using physical, emotional, or financial abuse.

Individuals with a history of trauma such as childhood neglect or sexual abuse may be at greater risk for engaging in violent behavior toward their partners. A traumatic past may make it difficult for individuals to form healthy relationships, and they may act out in destructive ways as a result.

Substance abuse is closely linked to domestic violence. "According to the American Society of Addiction Medicine (ASAM), substance abuse is involved in about 40–60 percent of all intimate partner violence (IPV) incidents." ( Gov1 , 2019) People who are under the influence of alcohol or drugs may be more likely to act impulsively, have impaired judgment, and engage in abusive behavior. They may use alcohol or drugs as a coping mechanism, which can lead to increased feelings of anger, frustration, anxiety, and depression—all of which can contribute to an increase in abusive behavior.

Furthermore, societal values around gender roles and violence can contribute to domestic violence by perpetuating the notion that men should be dominant over women and that violent behavior is acceptable.

Solutions to Domestic Violence

The most effective way to address domestic violence is through prevention and intervention. Prevention starts with creating an environment in which all people are respected, accepted, and celebrated for their differences. This can be accomplished through education about healthy relationships, gender equality, consent, respect, and empathy.

Intervention strategies such as counseling and support services can also be helpful for individuals who are experiencing or perpetrating domestic violence. Counseling can help provide a safe and confidential space to discuss the dynamics of the relationship and learn how to communicate more effectively. It can also help to address childhood trauma or substance abuse issues that may have contributed to the violence or being in that type of environment.

Support services such as legal aid, housing assistance, and financial aid can also be invaluable in providing the resources that survivors need to safely leave an abusive situation.

Many organizations provide legal advice and advocacy for those who have been affected by domestic violence. These organizations can provide support through safety plans, protective orders, and other resources such as public housing or job training. A good place to start is the Domestic Violence Hotline . They provide free and confidential assistance to victims of domestic violence 24/7.

It is important to recognize domestic violence as an issue to protect those at risk from future harm and to ensure their safety. A domestic violence attorney in Cedar Park, Texas , can help victims understand the legal process and provide guidance on the best course of action moving forward. At Harris & McKeown Law Firm , we are dedicated to helping you get the support and protection you need. We will back you up and guide you every step from beginning to end, ensuring you are not alone and justice is served.

Call us today for a complimentary consultation and to get someone who is on your side, fighting for you and with you to keep you safe.

The Impact of Domestic Violence on Mental Health

Fri, 06 Jan 2023 21:14:24 GMT

Domestic violence is a serious issue that can have a profound impact on the mental health of victims. It is increasing every year and has become a national societal problem. The National Library of Medicine reported, "Family and domestic health violence are estimated to affect 10 million people in the United States every year." (2022) These rising numbers are putting more and more people at risk of experiencing such trauma.

People who have experienced domestic violence are at an increased risk for developing depression, anxiety, and post-traumatic stress disorder, along with substance abuse and physical ailments. It is important to know there are resources available and help out there.

If you or someone you know is experiencing domestic violence, it's encouraged to seek help from a professional domestic violence attorney immediately. They can help you get the resources you need and the safety you deserve. Remember, you are not alone.

Victims of domestic violence often suffer from depression, anxiety, and post-traumatic stress disorder.

Victims of domestic violence suffer from psychological afflictions such as depression, anxiety, and post-traumatic stress disorder. Domestic violence can leave lasting impacts on its victims for years after the abuse has stopped. It can cause feelings of helplessness, guilt, and fear. It often results in victims feeling isolated from their friends and family, which can lead to further depression and anxiety.

In a Public Health article, it stated "the percentage of women who consider their mental health to be poor is almost three times higher among women with a history of domestic violence than those in healthy relationships" (2019)

Being abused leads to PTSD because of the intense fear and distress that victims experience. Victims of d omestic violence often feel like they are constantly on alert, which can result in difficulty sleeping, flashbacks, hypervigilance, and nightmares.

Physical health problems may also result from abuse. Victims of domestic violence are more likely to suffer from chronic pain, headaches, fatigue, stomach ulcers, dizziness, high blood pressure, insomnia, irritable bowel syndrome, and other physical ailments. Prolonged exposure to domestic violence can lead to chronic stress and trauma, which can have a direct effect on physical health and well-being.

Domestic violence can lead to substance abuse and self-harm

Domestic violence can be a damaging experience for victims, and its effects can extend beyond physical, emotional, and mental harm. In many cases, domestic violence has been shown to lead to substance abuse as victims attempt to cope with the trauma of the events they've endured. Substance use is a way to escape the pain and distress of the experience, allowing victims to disassociate.

In the Public Health article, it is reported: "domestic abuse victims are 70 percent more likely to drink excessive amounts of alcohol than those in healthy relationships." Sometimes alcohol and other drugs are utilized as coercion from the perpetrator, increasing the likelihood of continued use.

Domestic violence victims may also be prone to self-harm, including cutting and other forms of physical injury. Self-harm can be used as an attempt to manage intense emotions or cope. It can also be used in an attempt to gain control over one's life.

The side effects of domestic violence disrupt one's life. It can create difficulties in self-identity, relationships, and employment, and can leave lasting psychological and physical effects. A victim's mental health is greatly impacted by this experience and can lead to a variety of mental health conditions that make it hard to do day-to-day activities.

It is important to remember that domestic violence victims are not alone and there is help available. There are many organizations dedicated to providing support for victims of domestic violence, such as shelters, counseling services, legal aid, and more. Seeking help from a professional can make all the difference and provide the necessary tools to heal and move forward in life, as well as access supportive services.

If you or someone you know has experienced domestic violence, do not be afraid or ashamed to seek help. In Cedar Park, Texas, Harris & McKeown Law Firm is here to be your trusted domestic violence attorney. We are committed to protecting our clients while prosecuting their abusers. We put your safety first and support you to return to a more peaceful state of mind. We provide all of the domestic violence legal actions under the Domestic Violence Prevention Act, permanent restraining orders, temporary restraining orders, and more. Give us a call today at 512-668-7733 and book a complimentary consultation . You deserve to be free from abuse!

How to Get Through a Divorce and Make the Process Less Painful

Thu, 22 Dec 2022 21:57:06 GMT

The decision to end a marriage is rarely an easy one, and the legal aspects of the divorce process don’t make it any easier. An unfavorable divorce decree can have long-lasting, negative ramifications for both spouses and children, so a civil and collaborative divorce is always preferable. In this blog, Harris & McKeown Law Firm discusses how to get through the divorce process in Cedar Park, Texas, and how to make your divorce less painful.

Consider the Divorce Process and Post-Divorce Life

Before you initiate a divorce, you should understand how the divorce process works in Texas and think about what your life might be like after divorce. For instance, you should know that Texas is a community property state. That means assets and debts are split in an “equitable” way in divorce. If a 50/50 split is equitable, each partner will get half the marital assets. Texas also has more restrictive spousal maintenance (alimony) laws than most other states, so it’s essential to consider what your needs will look like post-divorce and how these legal quirks might affect your case. A family law attorney can help you manage your expectations and prepare your case accordingly.

Work with a Therapist

Even the most amicable divorces are difficult emotional events. Ending a pivotal relationship like a marriage turns your whole world upside down, and it’s natural to have lots of conflicting and horrible feelings. It’s a good idea to see a licensed therapist at least once during the process to work through your emotions and gain an outside perspective on challenging topics. A good therapist can give you practical advice and comforting reassurance during one of the hardest times of your life.

Gather Plenty of Documentation

Legally uncoupling two lives means separating years of interconnected assets and debts, so extensive financial documentation is essential. You should gather copies of your bank statements, credit card statements, retirement account statements, and tax returns from at least the past three years. You should also gather documentation of your current assets and debts, including mortgages, car loans, and student loans. With thorough documentation, you can demonstrate the exact nature of your financial situation and ensure everything is divided fairly and efficiently in the divorce.

Watch What You Say or Post Online

Nowadays, many of us are used to sharing anything and everything online. And when you’re going through an emotional process like divorce, it’s understandable to want to commiserate with others online or post a rant about your side of the story. But before you click “share,” remember this simple rule: don’t post anything you wouldn’t want to explain in front of a judge. Anything you say or share online could be taken out of context and used against you, so avoid posting anything about your divorce, your marriage, or your ex online during your divorce.

Choose the Right Family Law Attorney

Perhaps the most important step you can take to make the divorce process less painful is to choose the right family law attorney. You need a highly knowledgeable and experienced divorce lawyer in Cedar Park, TX , but an impressive resume alone is not enough. You deserve a compassionate attorney who will get to know you on an individual level and handle your divorce case with your best interests in mind.

The Cedar Park family law attorneys at Harris & McKeown Law Firm can provide the personalized and effective legal help you need. We can apply our considerable resources and experience to help you move toward a brighter future. Give us a call at (512) 668-7733 or contact us online to speak with us in a free consultation session.

Six Things You Need to Know Before Choosing a Family Lawyer

Fri, 09 Dec 2022 21:43:27 GMT

Whether you’re filing for divorce or demanding spousal maintenance , you’ll need help from a family law attorney. Family law matters are among the most complex and personally significant issues many people encounter, and it always pays to have intelligent and effective representation. Here are six things you should know before you choose a family lawyer in Cedar Park, TX .

What Type of Legal Help Do You Need?

Before you choose a lawyer, you should consider why you need one. Are you dealing with a contested or uncontested divorce? Do you need to prepare a prenuptial agreement? Will your case involve issues like child custody or child support? Once you have a clear idea of your legal needs and goals, you can take steps to find an attorney who will meet your requirements.

What Sort of Experience Do They Have?

Many law firms boast of their years or decades in business, but a long-lived firm is no guarantee of quality or success. You deserve an attorney who knows how to successfully handle legal matters like yours, not one who has built a career by taking any case they can get their hands on. Harris & McKeown Law Firm is exclusively devoted to family law, and our team has helped hundreds of local families navigate divorces, separations, custody arrangements, and more.

What Do Their Previous Clients Say?

One of the best ways to learn about a law firm or family law attorney is to look for client reviews, ratings, and testimonials. A good lawyer will have plenty of positive feedback from satisfied clients describing their experiences. Read through as many reviews as you can find to get a feel for how a particular firm or lawyer might handle your case.

Do You Feel Comfortable Talking to Them?

Once you have whittled down your list of options, contact potential attorneys for consultation sessions. Many firms offer prospective clients free initial consultations, which give you the opportunity to meet lawyers, ask questions, and decide whether the firm is a good match for you. Any time you meet with a prospective lawyer, pay attention to how you feel around them. You could end up sharing highly personal details with this person, so be sure you are comfortable enough with them to discuss anything that might come up.

Does Their Communication Style Fit Yours?

During your initial consultation session, you should also ask any potential lawyer about their communication style. Do they prefer to check in frequently or work on autopilot until you raise concerns? Will they call you personally with updates, or have an assistant handle routine correspondence? However they answer, make sure their style fits your unique needs and expectations for this consequential legal matter.

Will Their Legal Fees Fit into Your Budget?

Finally, you will need to make sure your attorney’s fees will fit into your budget. Fortunately, family law attorneys have surprisingly affordable rates, and many firms offer flexible payment arrangements for any financial situation. Before you sign any agreements, talk with prospective attorneys about their fee options, so you have a clear idea of the legal costs.

Contact a Cedar Park Family Law Attorney Now

If you have questions or wish to discuss your legal options with a family law attorney in Cedar Park, get in touch with Harris & McKeown Law Firm . We can listen to your story and provide the answers you need when you call us at (512) 668-7733 or contact us online for your free initial case review.

Benefits of Premarital Agreements

Tue, 08 Nov 2022 05:49:31 GMT

A prenuptial agreement, also called a prenup or premarital agreement, is a contract two people enter into before marriage. It allows couples to address issues that can arise during divorce when they are more likely to negotiate calmly and fairly. A premarital agreement outlines each person's assets and determines how to handle finances if the couple divorces. Although a premarital agreement might seem unnecessary, it can save time and frustration if the marriage ends. Below are the primary benefits of a prenup.

Encourages Open and Honest Communication

A prenup starts a conversation about assets and liabilities in a relationship. It might be uncomfortable but openly communicating about finances allows you and your partner to understand each other's expectations.

You can discuss expenses, debts, and other issues before marriage to establish each person's economic standing. If you get divorced, there won't be any surprises while negotiating the terms.

Safeguards Assets You Earned Before Marriage

Sometimes, a couple's assets are significantly unbalanced. You might have more wealth than your partner and worry about them taking more than their fair share if you divorce. A prenuptial agreement protects your assets. You can outline the assets you bring into the marriage to prevent an unfair distribution during divorce.

Establishes Marital Property

Texas is a community property state. That means married couples own equal shares of property either person acquires during the marriage. The courts often split the marital property in a manner they deem just and right. It doesn't necessarily mean a 50/50 split. The decision depends on various factors.

A prenup can outline how you and your spouse will distribute marital property if you divorce. Instead of fighting over assets, a prenuptial agreement will clearly outline the division of marital property. You can determine how to divide everything so the court won't do it for you.

Simplifies the Divorce Process

Divorce stirs up a range of emotions. It can be stressful, devastating, overwhelming, and frustrating. Many couples might want to proceed with the process amicably, but arguments over legal issues can turn ugly.

If you already have a premarital agreement, it eliminates the challenge of negotiating property division terms for the divorce. You can refer to the contract to resolve disputes easily and avoid unnecessary courtroom battles.

Protects Your Business

If you own a business before tying the knot, considering how it will impact your marriage is crucial. You can designate it as a separate asset in your prenup to prevent your spouse from trying to take it from you during divorce proceedings.

Get Legal Assistance from a Cedar Park Prenuptial Agreement Lawyer

You likely don't agree to marry someone because you believe it will end in divorce. Most people don't anticipate their marriage failing in the future. However, it can happen, and a well-prepared premarital agreement can alleviate the stress and pressure of negotiating divorce terms.

Harris & McKeown Law Firm understands the challenges of planning for divorce before marriage. We will simplify the process so you can make informed decisions about the terms to include in the prenup.

Call us at (512) 668-7733 for a consultation with an experienced prenuptial agreement lawyer in Cedar Park, TX , today.

Everything You Need to Know About Spousal Support in Texas

Wed, 26 Oct 2022 05:04:24 GMT

You might wonder whether you or your spouse qualifies for spousal support in a divorce. No one has a right to alimony under state law. However, both parties can agree to include spousal maintenance in their Final Decree of Divorce.

Negotiations between you and your ex can determine the amount and duration of spousal maintenance. If you can’t agree, the court will decide for you. However, Texas Family Code § 8.051 outlines various requirements you must meet to be eligible to receive payments.

Eligibility Requirements for Spousal Maintenance in Texas

Texas Family Code § 8.001(1) defines spousal maintenance as an award of periodic payments in a dissolution of marriage from one spouse’s future income to support the other.

The primary requirement for seeking support is the requesting spouse must be unable to meet their needs following the divorce. They must also meet one of these requirements:

The supporting spouse was convicted of family violence during the marriage in the two years before the divorce or while the case is pending; or
The spouse seeking support can’t earn enough income to meet their basic needs due to an incapacitating mental or physical disability; or
The spouse seeking support is the custodial parent of a child requiring personal supervision and substantial care because of a mental or physical disability preventing the spouse from making enough income to provide for their reasonable needs; or
The spouse seeking support has been married to the other spouse for at least ten years and cannot earn sufficient income to meet their minimum reasonable needs.

Factors Affecting Spousal Maintenance

After confirming eligibility for spousal maintenance, the court will determine the amount, manner of payment, duration, and nature of the support by considering various factors, such as:

The length of the marriage
Either spouse’s actions that resulted in fraudulent disposal of community property, concealment, excessive spending, or destruction of community property
Each person’s ability to provide for their minimum reasonable needs
Either spouse’s marital misconduct, such as cruel treatment or adultery
Physical and emotional condition, age, earning capacity, and employment history of the spouse seeking support
Pattern or history of family violence
Effects on each party’s abilities to provide for minimum reasonable needs while paying child support
One spouse’s contributions as a homemaker
Each person's employment skills and education, and the requesting spouse's necessary time to acquire training and/or education to enable both spouses to acquire sufficient income and the feasibility and availability of seeking the training or education
The property either spouse brought into the marriage
One spouse's contribution to the other's increased earning power, education, or training

Calculating Spousal Support in Texas

The courts don't require spouses to pay more than $5,000 per month or 20 percent of their average monthly gross income, whichever is less, for spousal maintenance. The payments you or your spouse receive won’t necessarily be $5,000. That is the maximum amount allowed under state law.

The length of the marriage determines the duration of spousal maintenance . Below are the requirements for receiving support for each period.

Five Years

Spousal maintenance can continue for up to five years if:

The marriage lasted less than ten years, and the supporting spouse was convicted of family violence within two years of filing for divorce or during the pending lawsuit; or
The marriage lasted for at least ten years but less than twenty years.

Seven Years

Spousal maintenance is available for up to seven years if the marriage lasts for 20 years or longer but not more than 30 years.

Ten Years

If the marriage lasted for 30 years or longer, spousal maintenance is available for up to ten years.

These timeframes aren’t mandatory, nor are they the maximum amounts allowed under state law. The Texas courts must limit spousal maintenance to the shortest period allowing the supported spouse to meet their reasonable needs.

Contact Us

At Harris & McKeown Law Firm , our family law attorneys in Cedar Park, TX, can seek the spousal support you rightfully deserve or work to prevent you from having to provide your ex with maintenance. Call us at (512) 668-7733 today for your free consultation to learn more about how we can help.

Top Tips for Handling Divorce Stress During the Holidays

Thu, 06 Oct 2022 04:28:33 GMT

The holiday season might be a stressful time for you and your family at the best of times. Pile on your recent or impending divorce, and it can seem entirely overwhelming. Buying presents, decorating your home, and planning events while navigating your new normal will likely be emotionally charged. Below are tips you can follow to handle divorce stress when the holiday season arrives.

Start Planning Now

You should prepare for the upcoming holidays in advance. Waiting until the last minute will only cause unnecessary stress. Your plans don’t have to be extravagant or even complete. However, you should create at least a bare-bones schedule and start checking things off your to-do list.

Lean on Family and Friends

You need a reliable support system during this challenging transition. You might not be the type of person who asks others for help. However, this is the perfect time to reach out to people who love you for support.

Communicate your feelings and needs, so everyone is on the same page. If you never bring up the divorce, everyone will likely follow your lead, preventing you from receiving the support you want.

Be Realistic About Expectations

Your hopes might be to spend every holiday after your divorce as usual. However, divorce changes every aspect of your life. Consider the effects on your finances, family, responsibilities, and kids.

Preparing for your first holiday season as a divorced or nearly-divorced person requires factoring these changes into your plans. You might avoid unpleasant surprises and minimize stress if you plan accordingly.

Get in the Holiday Spirit

Whether you enjoy attending festive events, watching a Christmas tree lighting, or buying gifts for others, do what you love most about the holidays. Participating in activities you enjoy can boost your mood and prepare you for the season. Don’t feel like you must avoid certain locations or events you and your ex frequented. If you look forward to something every year, continue to do it.

Avoid Spending the Holidays Alone

Your first instinct might be to curl up in bed during the holidays and avoid going anywhere. While self-care and learning to be alone are vital, spending too much time by yourself can be emotionally and mentally damaging. And if you have children, being alone isn’t an option.

The holiday season is the perfect time to surround yourself with the people you love most. Fill your free time with parties, lunches, shopping, and other activities. Keeping yourself busy can take your mind off the divorce and help you move forward with your life as a single person.

Work on Co-parenting with Your Ex

If you and your ex have kids, co-parenting is an essential part of a divorce. You must focus on your children’s needs despite how you feel about your ex. The holiday season is an opportunity to redefine your relationship as two parents who don’t live together but love their kids and want what's best for them. Set aside your differences and do what it takes to make the holidays enjoyable.

Contact Us

Harris & McKeown Law Firm has represented clients in Cedar Park, TX, for over a decade. We have experience handling a range of family law matters, including divorce. You can count on our dedicated team to assist you in resolving disputes and navigating the complex legal process.

Whether you’re dealing with divorce , child custody arrangements , or another family law issue, call us at ( 512) 668-7733 for a free consultation with a Cedar Park family law attorney.

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Gray Divorce After Decades of Marriage: Here’s What You Need to Know

Thu, 22 Sep 2022 02:54:31 GMT

Most couples marry with the expectation that they will grow old together. However, a person’s goals, hopes, and dreams often change as they age. At 65, you may not be the person you were at 35. When spouses’ needs no longer align, they may grow apart and separate. Going through a divorce after decades of marriage can be challenging, but you don’t have to do it alone.

Our knowledgeable family law attorneys at the Harris & McKeown Law Firm can help you prepare for a “gray divorce.” Keep reading to learn more or contact our office for a free consultation.

What Is Gray Divorce?

Gray divorce is a term that refers to divorce after age 50. Divorce later in life has become increasingly common, especially among aging Baby Boomers. Data from the U.S. Census Bureau shows that nearly 35 percent of Americans who divorced in one recent year were 55 or older, almost twice the divorce rate of any other age group surveyed.

What You Need to Know About Divorce After 50

Divorce after decades of marriage can be more complicated because partners have accumulated many assets, merged property, and combined debts. Making sure those assets are accounted for and evenly split in a divorce decree can be challenging. Below are some tips to keep in mind.

Retirement and Pension Account

As people age, they build wealth, and the funds in a 401k or other retirement accounts grow. Even if you have worked all your life to save money for retirement, when you divorce, pensions and employment retirement plans can be marital assets that are subject to division. Suddenly having to divide your nest egg can complicate your retirement plans.

Health Insurance

You may lose out on healthcare benefits depending on your age and employment status. If you are on a partner’s health insurance plan and are not yet eligible for Medicare, you may have a gap in your health benefits coverage post-divorce.

Social Security

If spouses file for divorce at or above the age of 62, Social Security may be an issue. There are cases where gray divorcees may still be eligible for Social Security benefits based on their spouse’s earning history and the length of the marriage.

Your Source of Income

It can be challenging to financially prepare for divorce after 50. Although you may have years of professional experience, your job prospects may be slim when you are older. Before agreeing on a settlement amount, you need to consider your financial stability and your potential future earning capacity.

Children and Family

Your children may be grown and out of the house, but divorce can still impact them. Talk about the process with your children, even if they are adults. If you or your spouse support them financially, talk to your attorney about how this may factor into your separation.

Contact a Compassionate Family Law Attorney Today

Divorce is never easy at any age. It can be especially complicated when you have been married for decades. At the Harris & McKeown Law Firm , we understand how challenging filing for divorce after 50 can be. Our compassionate team of attorneys will work with you to help you navigate the process and resolve your divorce in the most favorable manner possible. Contact our office today to set up a confidential legal consultation.

Best Ways to Create a Child-Centered Custody Plan

Mon, 05 Sep 2022 02:01:28 GMT

Divorce can be hard on children. However, a child-centered custody plan can help make the process less stressful and painful for them. It can provide a road map for how divorcing parents can behave in the best interests of their children, despite any anger or resentment each spouse may have. By focusing on putting the children’s emotional needs first, parents can show their children that they deeply love and care for them even though they are divorcing. At the Harris & McKeown Law Firm, we can help you create an effective child-centered plan.

Divorce Can Be Adversarial – But the Children Don’t Have to Know

The process of divorce can quickly become adversarial. A divorce petition usually reads “parent versus parent,” which alone can cause animosity. Furthermore, one parent often contemplates the divorce and is prepared for it, while the other parent is caught off guard. And the parents may, in fact, bitterly fight in court over issues like property or child support.

Nevertheless, regardless of conflict, parents should work hard to agree on a child-centered custody plan. Studies show that children are the most distressed in the first year or two after a divorce and often experience anger, anxiety, and disbelief. It’s not uncommon for children to feel less connected to one parent or both, which is why protecting their relationship with both parents is paramount. A child-centered custody plan will preserve those relationships and allow the ex-partners to successfully co-parent.

What Are Some Things a Child-Centered Custody Plan Includes?

Parents with a child-centered custody plan may be less prone to fight over what they agreed upon and what is clearly stated in the plan. In a child-centered approach, the children’s best interests should be the priority, and parents must be willing to compromise to reach agreed terms. This can be challenging, but at the Harris & McKeown Law Firm, we can help you create a plan that is fair.

A child-centered custody plan will:

Have a clearly defined custody schedule that takes into account the school year, summertime, school breaks, and holidays.
Make sure children can spend Mother’s Day with mom and Father’s Day with dad.
Specify when children can travel out of state on vacations or visit family.
Outline how parents make major decisions about the children, such as education or religion.
Name the non-custodial parent as the preferred person for the children to be with for childcare needs instead of a paid childcare provider.

Focus on Good Communication

Maintaining healthy communication is vital to making a child-centered custody plan work. Positive communication and low levels of conflict help children adjust to divorce. It can foster a solid child-parent relationship and improve children's academic performance.

Call Us Today to Help You Build the Best Custody Plan

A child-centered custody plan is integral to any divorce where the children’s well-being is the top priority. At the Harris & McKeown Law Firm , we can help you build the best custody plan for your family. Call us at (512) 668-7733 or request a free consultation today.

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Getting a Divorce? 5 Tips for Breaking the News to Your Kids

Mon, 22 Aug 2022 17:44:29 GMT

This Nearly half of all marriages in the United States end in divorce, and a majority of those divorces involve children. If you and your spouse are divorcing, you are probably curious about how you will tell your children. Divorce is hard on them, but there are ways that you can ease their fears and reassure them from the start. Below are five important tips to keep in mind when you tell your children that you are getting a divorce.

#1 - Plan What You Will Say

Telling your children about your divorce might seem pretty straightforward, but it’s never quite as simple as it seems. Doing some prep work will make the conversation flow more smoothly, and it will give you the information you need to answer any questions that might arise. Your primary goal is to make sure you tell your children that the divorce is not their fault and that you will always love them. They need to know that even though you and your spouse are ending your relationship, you will never end your relationship with your children.

#2 - Make Sure it’s Age-Appropriate

A five-year-old won’t understand the same kind of information as a 15-year-old, so it’s important to plan what you will say in an age-appropriate way. Remember that your small children rely on you for everything, but your older children are more independent. This will absolutely impact the way you deliver the news of your divorce to them. Be sure that you consider their needs based on their ages and address any concerns that they might have based on those needs.

#3 - Break the News Together (When Appropriate)

If it’s at all possible, it is best to tell your kids that you are getting divorced as a team. Not only does this give your kids more reassurance, but it’s also good practice for the co-parenting challenges that you and your ex-spouse might face in the future. Be sure to give them only the details they need to know and keep arguments, disagreements, and similar grievances regarding your spouse to yourself. Your children deserve to have parents who can behave amicably for their sake, so use this time to practice.

#4 - Remind Them of the Things They Will Always Have

For most children, change will be the driving force behind their fear, so it’s important to do everything you can to alleviate that fear early on. The best way to do this is to remind your children of the constants in their lives. They have parents who love them, siblings, pets, and other constants that might apply to their lives. If dad will still be there to take them for ice cream every Saturday, tell them. If mom will still be there to tuck them into bed at night, tell them that, too. These things will ease their fears and anxieties to make the transition a little bit easier.

#5 - Don’t Go Back on Your Word

After you’ve told your children that you are getting a divorce, remember all the things you said to them and be sure that you keep your word. Don’t let anger or personal problems keep your children from visiting their mother or father as promised. Remind your children that you love them as often as you can, and make it a point to have an amicable relationship with your ex-spouse for the sake of your children. Co-parenting can be difficult, especially after a hurtful divorce, but it is possible.

Telling your kids that you are getting a divorce can be heartbreaking, both for the parents and for the children. These tips can help you make sure that you limit the amount of pain and anxiety that your children feel as a result of your relationship ending. Don’t be afraid to seek professional counsel when it comes to co-parenting. It can make the transition smoother for everyone - including yourself.

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The Basics of Spousal Maintenance in Texas

Mon, 15 Aug 2022 17:47:21 GMT

This is While Texas does recognize the need for (and enforce) spousal maintenance, it is only awarded in specific cases, and it is decided on a case-by-case basis. Below, you can learn more about this maintenance, when the court grants it, and what to do if you have not been receiving court-ordered spousal maintenance.

What is Spousal Maintenance?

In Texas, there are two different types of financial support that one spouse can provide to the other. The first of these is spousal support , which is something that spouses agree to in a divorce settlement. It is drawn up like a contract and enforced as a contract. On the other hand, spousal maintenance is enforceable as a court order, and it is sometimes involuntary. The court can order a spouse to make payments to the other without his or her agreement, but only in certain situations.

When is Spousal Maintenance Awarded in Texas?

When an ex-spouse asks the court to order spousal maintenance, the court examines every situation on a case-by-case basis. There are four situations in which a court can award you spousal support.

When your ex-spouse has been convicted of family violence offenses. If you request spousal support from an ex-spouse who has been convicted of a family violence offense against you or your child within two years of the divorce, you can ask the courts for spousal maintenance.
When you can demonstrate your need. In Texas, you will need to show that you have been married for at least 10 years, that you lack property or income to provide for yourself following the divorce, and that you are also disabled, caring for a disabled child, or lacking the ability to earn sufficient income to provide for the minimum reasonable needs of yourself and your children.
When you can agree on a timeframe. If you and your ex-spouse can agree on the duration of spousal support payments, courts are far more likely to award them.
When you are a sponsored immigrant. In the event that you are a sponsored immigrant, the Affidavit of Support can be enforced, which requires your ex-spouse to provide you with up to 125% of the Federal Poverty Guidelines until you either earn your citizenship or you have earned 40 credits of work history, whichever comes first.

What to Do if You Aren’t Receiving Court-Ordered Spousal Maintenance

If the Texas courts have ordered your ex-spouse to provide you with spousal maintenance payments but you are not receiving them, it’s helpful to know that Texas enforces such maintenance in much the same way as child support. If your ex-spouse has been ordered to pay but is not making payments, a lawyer can help you file a Motion of Enforcement, which alerts the court to the ex-spouse's nonpayment. At this point, one of several things may occur depending on the ex-spouse’s situation. A judge could issue a withholding order with the non-compliant ex-spouse’s employer, which essentially deducts the amount owed to you from his or her paycheck automatically. For repeat offenses, and in the worst cases, a judge may hold the ex-spouse in contempt of court, which results in large fines and possibly even jail time.

As you can see, the state of Texas takes spousal maintenance very seriously, and it enforces maintenance orders in much the same way as it enforces child support. However, Texas is also very careful to ensure that spousal maintenance payments are fair, which includes limiting the situations in which maintenance payments are awarded and asking the parties to agree to a duration of payments.
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Do You Want Your Visitation Rights Amended? Here’s Where to Start

Thu, 04 Aug 2022 17:39:50 GMT

It is best for children when parents can amicably decide on a child visitation schedule without the need for court intervention. In some cases, however, this simply isn’t possible, so the court gets involved with visitation arrangements as part of custody agreements. If you have court-ordered visitation arrangements and you want to have them amended, here’s where you need to start.

Uncontested Visitation Rights Amendments

In the very best-case scenario, you and your ex-partner should work together to find a visitation schedule that suits everyone’s best interests. In Texas courts, the goal is to ensure that both parents have equal access to their children as much as possible. If your visitation amendment request is uncontested, meaning that your ex-partner is in agreement, all you need to do is file a modification suit with the court in the county where the original visitation was arranged. Though you can do this on your own, many parents choose to hire a family law attorney to ensure that the process goes smoothly.

When Amendments to Visitation Rights are Contested

If your ex-partner does not agree with your request to amend your visitation rights, things can be a bit trickier. In this case, you will need to file a suit with the court in the county where the original visitation order was granted and wait for your ex-partner to file an answer or a waiver of service with the court in response to that suit. These situations require hearings, and that hearing must occur at least 45 days after the suit was originally contested by the other party. In the event that your case is contested, it’s important to speak with a family law attorney as soon as possible.

When Concerns Arise about the Children’s Safety

If you have joint or primary custody of your children and your ex-partner has a court order allowing visitation, but you are concerned about your children’s safety during those visitations, there are a few different steps you can take. First, if you can, hire a family law attorney. They are professionals who understand the laws in Texas, so they can help you decide what to do and then help you get it done as quickly as possible. If your children have been placed in harm’s way while visiting the other parent, Child Protective Services can help. They will investigate any claims made against your ex-partner and, if necessary, will immediately file an order with the court to protect your children from further harm.

When Your Situation Changes

Sometimes courts will issue temporary visitation orders that give parents an opportunity to make necessary changes in their lives that ensure the safety and wellbeing of their children. For example, if one parent is known to abuse substances during visitations, there may be a temporary order that all visitations must be supervised by a court-appointed mediator until the parent seeks treatment and shows the court that they can care for the child on their own. Sometimes the courts may deny visitation altogether or order that visitation take place in public parks or inside state-owned facilities if the other parent is homeless or indigent.

The Texas courts work under the idea that every child deserves to have both parents in their lives. This means that the court prefers to keep visitation as equal as possible while making adjustments for specific situations. Ultimately, it all boils down to what is best for your child, and that is where a family law attorney can help. If you want to visit your children more often, or if you believe that your children are being placed in harm’s way during visitation, contact us today.

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What Do You Do if the Child Support Payments Stop?

Sat, 09 Jul 2022 20:30:00 GMT

In the state of Texas (and across the country), there is a set of standards that courts follow when it comes to ordering child support payments, and those payments are supposed to continue until the child reaches the age of at least 18. Furthermore, court-ordered child support is enforced by Texas state laws . If you are supposed to receive child support but the payments stop coming, here’s what you should do.

Contact a Child Support Attorney

The first thing you should do if you suddenly stop receiving child support payments involves contacting a child support attorney, which may be better known as a family law attorney . While the state of Texas does enforce child support orders, the truth is that the system remains backlogged and cases are easily overlooked. You need an attorney speaking on your behalf if you want to reach a resolution quickly and get those payments moving forward again.

Learn More about Your Options

Now that you have an attorney working on your behalf, you will likely discover why the payments stopped. The most common reasons for interruptions in child support payments include:

Job loss. If your child’s other payment has been fired or laid off from his or her job, he or she is likely struggling to make the court-ordered payments.
Incarceration. In some cases, the other parent may be incarcerated. This means that he or she cannot earn the money required to make the child support payments.
Illness. If your child’s other parent has been ill or hospitalized, this could also prevent him or her from making the required payments.
Family emergencies. The child’s other parent may have some other set of extenuating circumstances that are preventing him or her from paying child support on time.

If any of these turn out to be the reason why your child support payments have stopped, it can be helpful to simply discuss the options available to you. Perhaps the payments can be temporarily adjusted or amended in order to find a solution that works for everyone.

File an Enforcement Order

If your child support payments still aren’t coming, and if you can’t find an amicable solution, the next step in the process involves filing an enforcement order with the courts. In this case, if it can be proven that the support payments are not being made as ordered, the judge will likely find your child’s other parent in contempt of court. This will result in either a fine or an arrest warrant depending on the unique situation. If you are owed more than $5000, you can contact the Child Support Evaders Program , which is dedicated to putting a stop to child support evasion across the state.

Many parents across the state of Texas rely on their child support payments to provide food, shelter, and basic necessities for their children. If you are one of those parents and your child support payments have suddenly stopped, reach out to a family law attorney today to learn more about your options and get the process started.

Do Temporary Protective Orders Really Work?

Wed, 06 Jul 2022 20:20:36 GMT

If you or someone you know has been a victim of domestic violence, a temporary protective order may have been put into place to protect the victim from further violence during the court proceedings. Are the myths about temporary protective orders true? Are they just pieces of paper, or do they really work? Studies are widely varied, but they do tend to protect at least some victims - and they do so in more ways than one. Here’s what you need to know.

The Violence Against Women Act

The Violence Against Women Act, or VAWA, was passed by Congress in 1994 in an effort to aid victims of domestic abuse. Although the name implies it is intended for women, it is available to everyone who is a victim of any form of domestic abuse. The VAWA provides grants to various advocacy organizations, and it also ensures that victims have access to the law enforcement support they need. Prior to the Act, police in one state had their hands tied when it came to enforcing protective orders out of other states. Today, thanks to VAWA, this is no longer the case.

How Effective are Temporary Protective Orders?

Numerous studies have been conducted on the efficacy of temporary protective orders, or TROs. An article published in The Journal of the American Academy of Psychiatry and the Law looked at several studies to determine whether or not TPOs are actually effective at protecting victims of domestic abuse. The writers, Christopher T. Benitez, Dale E. McNiel, and Renée L. Binder, found that the answer depends on how the question itself is being viewed. For example, in some studies, reported rates of protection order violations were only 7.1%. In others, that rate skyrocketed to 81.3%.

The authors note that the best studies are those that include control groups, larger sample sizes, and long follow-up periods. They note one such study that involved more than 2500 women who reported an incident of domestic abuse to law enforcement. Some of these women filed for protection orders while some did not. Among the women who did file for protection orders, there was an 80% reduction in physical violence reported to police within the following year. This is the best evidence available that TROs can and do protect victims.

The Records are Important, Too

Aside from providing victims of domestic abuse with physical protection from their abusers, TPOs serve another purpose, too - they act as a record within the court system. Unfortunately, TPOs can’t protect all victims; they only work when the perpetrator fears the consequences of violating the order. What a TPO can do - especially when every single violation is reported and documented - is provide the victim and the court with a record that is useful when seeking a more permanent solution. Courts require evidence to issue final (or permanent) protective orders , and TPO violations tend to serve as some of the best possible evidence.

Keeping Yourself Safe

If you have filed a TPO against your abuser and you fear that it isn’t enough, there are steps you can take to ensure your safety. First, use good judgment at all times. If you feel as if you’re being followed or watched, get to a safe place quickly. If your abuser violates the TPO, call law enforcement immediately . Do not wait for the abuser to make a move toward you; simply being near you with a TPO in place is a violation of the law. Report every violation every single time, even if you don’t have any direct evidence that the order was violated.

Temporary protection orders, or TPOs, are not a perfect solution. They cannot keep domestic violence victims 100% safe from their abusers, but they can serve as a valuable tool. To learn more about TPOs and whether you might benefit from one, contact a family law attorney today.

Starting a Divorce? Take These Steps to Ensure Your Children’s Well-Being During the Process

Wed, 06 Jul 2022 20:19:56 GMT

Most divorces follow the same general set of legal proceedings from one state to the next, but no two divorces are exactly the same - especially when children are involved. If you are in the early stages of a divorce, following the steps below will help to ensure your children’s well-being throughout the entire process.

Include Custody & Child Support in the Initial Filing

When you initially file for divorce, it’s important to make sure that you’ve included your request for custody and child support in the initial request. If at all possible, both parents should come to an amicable custody agreement. Not only does this make the court’s job much simpler and easier, but it’s also easier on the children. Furthermore, the sooner you file for child support, the sooner you can start receiving the payments necessary to supplement your own income and provide for your children.

Remain Involved in Your Child’s Daily Life

When their parents divorce, children often fear that their time with one or both of their parents will be cut short, and in many situations, this does come to fruition. Usually, the children live with one of the parents and go to the other parent for visitation. It’s important to note that unless the court orders it, and as long as you and your ex-spouse agree, you can still see your children outside of those visitation hours. Going to school-related events and sports activities gives your kids some additional security, as does taking them out to dinner or going to the park one or two days a week.

Don’t Stop Coparenting

Coparenting is critical to your children’s overall well-being, and while it may be difficult, it’s important for divorcing spouses to put their differences aside for the sake of their children whenever possible. Children will blame themselves for their parents’ fighting, so if they see or hear arguments - particularly about themselves - they can become withdrawn and even depressed. Try to discuss parenting issues with your ex-spouse where your children cannot see or hear it, and never use your child as a messenger. Instead, if you want to talk to the other parent, call them or talk to them directly. Children are easily overwhelmed when they are asked to deliver messages back and forth, and this can be detrimental.

Talk to Your Child Together

Finally, one of the best ways to ensure your children’s well-being during one of the most difficult times in their lives involves maintaining open communication as a group. Change is difficult for children, so they will need reassurance from both of their parents that everything will be okay. While it’s important to be honest with them about the changes they can expect, it’s even more important to remind them that they are loved. Sit down as a family and tell your children that even though you may not be a couple anymore, you still love them and you are both available to them around the clock, whether in person, by phone, or even online.

When You Have a Protection Order

If you have a protection order against your child’s other parent, it can be extraordinarily difficult for children to understand the reasons why they can’t see their mom or dad. Use age-appropriate language, and remember that there are resources available to you if you need them. Social Services can put you in touch with numerous local organizations that can help your children understand these changes in their lives, so don’t hesitate to reach out if you find that your child is struggling to understand or cope.

If you are starting the process of getting a divorce, it’s important to consider your kids’ well-being and safety from the very start. Whenever possible, try to see past your differences for the sake of your children. Maintain an open line of communication, accommodate visitation outside of the court-ordered schedule when it benefits your children, and never hesitate to reach out for help from your local organizations.

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