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McKinney Divorce Law Blog

Texas child support may not be a private matter

The break up of a relationship can be hard, especially so when children are involved. Whether one is a celebrity or an average citizen of Texas, the dissolution of the union can then become open to public scrutiny. One such athlete, Miguel Cabrera, has found himself at the other end of a lawsuit initiated by a woman in another state. She claims that he is not paying enough in child support, and he says she is simply trying to extort him under the guise of child support.

The 34-year-old hall of fame baseball player has requested paternity tests on the two children that he has been supporting since 2013. The $6,000 per month payments along with a legal say in the decisions made on behalf of the children had been part of the agreement reached between the two prior to the new lawsuit. The 35-year-old mother of Cabrera's children says she would like her two children to receive the same standard of living as Cabrera's three children that he has with his wife of 15 years.

Sole custody can be awarded in Texas if one parent flees

When divorce or separation become the next logical step in a suffering or unhappy Texas union, emotions can run high. When children are involved in the relationship, some parents have the ability to work out the differences and place the needs and best interests of the child first. Others feel that sole custody is the only answer and resort to illegal measures to keep the child from the other parent. 

A young mother and her parents could be looking at prison time in the near future. After the divorce of the 19-year-old and her ex-husband, the parents learned of the judge's order for shared custody. Not wanting to share the custody of the 1-year-old with his father, the parents helped the daughter to flee the state with baby.

Seeking legal advice for a toxic Texas divorce

Relationships come to an end for many reasons. When a Texas couple decides that they can no longer foresee a future together, separating may be the next logical step. As the marriage ends, most will agree that an amicable divorce is in the best interest of both parties. Sometimes, one spouse may become impossible to work with and make the process of severing all ties with them hurtful, emotionally draining and time-consuming.

During an emotional separation, one spouse may become confrontational and verbally and emotionally abusive. In their need to "win," they may begin to use tactics that can drag out court proceedings and cause undue distress to the other spouse. Hiding assets, using the children to hurt the other parent and making pretty much any interaction unpleasant and emotionally exhausting are just some of the tactics an abusive spouse may rely upon.

A prenuptial agreement can protect Texas inheritences

When couples decide it is time to take the next step in their relationship, buying the ring, getting engaged and planning the wedding become the focus. Many Texas couples don't consider a prenuptial agreement as a necessity or think that the thought of one sours the blissful mood. Protecting one's assets and keeping a future spouse's pre-marriage debts as just that, the spouse's, can be the first step to an open and honest marriage.

When seeking a prenuptial agreement, both parties should use separate legal counsel. Including all assets and debts and making sure that all copies of tax returns and bank statements are brought for the first meeting is important. It is also important for both soon-to-be spouses and their attorneys to review all the documents and gain a clear picture of what each person is bringing into the marriage. Another aspect to consider when it comes to drawing up a prenuptial agreement is what applies should a divorce occur and what happens to any property that may be inherited by either party.

Social status plays no part in Texas child support agreements

When Texas parents separate, children can often be left with the uncertainty and bitter banter that a child custody dispute can cause. Some parents can work through the disagreements and find a schedule that works for both parties and allows the children equal access to both parents. In cases where there is unresolved hurt between the parents, the custody battle can rage on and cause bumps in the road to finalizing the agreement. In the case of Rob Kardashian and his once fiancé but now ex-girlfriend Blac Chyna, the long, drawn out and very public breakup has finally reached a settlement with regard to the custody and child support payments concerning their infant daughter.

With the recently agreed-upon arrangement, Kardashian and Chyna will share custody of their daughter Dream. Kardashian will pay $20,000 a month in child support to help ensure that his daughter will have the care she needs. He has also agreed to pay all his ex's legal fees.

Prenuptial agreements for Texas residents on subsequent marriage

The breakup of a marriage is a tough situation to go through, yet many people tend to do it more than once. With divorcees having been through the breakup process before, one could assume that they have learned from their mistakes. Recent studies have concluded that this simply is not the case. Many Texas residents on their second or third marriage repeat their mistakes with regard to a divorce and cost themselves more money and anguish in the long run. Prenuptial agreements can help to alleviate the financial mess that the dissolution of a marriage can create, regardless of which number marriage it may be.

Prenuptial agreements are not only for the wealthy. Those who are financially better off than their intended may wish to keep what was theirs prior to the marriage. Those who expect to inherit future assets or provide for their current children should a divorce happen may wish to sit and discuss such an option prior to tying the knot.

A complex divorce and Texas politics

When a Texas resident is elected to a seat in the political realm, his or her life becomes open to scrutiny. Almost all personal issues come center stage, and the public then has the opportunity to weigh in with opinions and ideas. When a complex divorce becomes pubic knowledge, politicians and family members should be prepared to have every aspect of the events surrounding the entire marriage placed on display. A high-ranking official in another state is learning the hard way how politics and married life may not always mix.

A retired clerk of the court has found himself fighting to keep control of his money after he filed for divorce. The day after he filed for divorce, his wife claimed he was mentally incapable of handling his own money and asked to be his financial guardian. By reporting to the courts that her husband may be suffering dementia, she could possibly stall the divorce and gain control of his pension and other benefits. The husband denies this accusation and says his memory is just fine.

Texas parents behind on child support denied registration renewal

Having a vehicle or some form of reliable transportation is paramount not only to earning a living but also in the freedom of going wherever, whenever. What comes as a surprise for most Texas parents who are behind on their child support payments is a statue that has recently been put into effect to help keep noncustodial parents on top of child support payments. The state now will not allow those more than six months behind in payments to renew their motor vehicle registrations.

The latest attempt to collect back due child support does not come as news to those who are behind. Parents who have failed to make payments are notified by letter 90 days prior to the due date of the registration renewal. The notification also includes instructions on how the issue can be remedied and who to contact. Parents can then reach out the Texas Office of the Attorney General and set up a payment plan to bring them current or at least lessen the gap in the amount of back payments owed.

Child custody across Texas state lines

Raising children and having a career can be a balancing act that never seems to balance. The demands of parenthood and work can create a stressful environment that makes a parent feel incapable of doing enough, in either capacity. When a Texas couple splits up and child custody becomes another ball added to the ever-balancing juggling act of family and career, the situation can become overwhelming. Celebrity parents aren't immune from these difficult issues.

A recent return to the sport of tennis by Victoria Azarenka after her six-month maternity leave had the possibility of sparking the can-do attitude of mothers everywhere. But a recent split between her and her boyfriend, who is also her son's father, has led to a subsequent child custody battle that does not allow either parent to take the child out of their home state without the consent of the other parent. This could keep her away from the upcoming U.S. Open.

Division of marital assets doesn't have to cost a Texas fortune

Divorces can be a very trying time for couples who are seeking to separate their once-entangled lives. No longer sharing the same residence is usually the least of a once happily married couple's worries. The division of marital assets, which can include retirement accounts and other savings plans, can be quite costly if not handled correctly during the divorce proceedings. Texas residents can ensure that their financial future is safeguarded from unnecessary tax implications with simple steps that have been put into place early on during the divorce.

Many retirement plans, whether employer implemented or self-started, will become eligible for payouts at the age of retirement, but also become subject to income taxes upon withdrawal. By securing a qualified domestic relations order during divorce proceedings, the ex will receive a designated percentage of the retirement plan, either pursuant to a settlement agreement or awarded by the court after trial. This order, called a QDRO, provides for the division of an employee benefit plan or pension plan under the Employee Retirement Income Security Act of 1974 (ERISA), while maintaining the tax-deferred status for both parties. 

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Allen, TX 75013
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