Do you lose your visitation if you fail to pick up the child on time?
A Universal Family Law Problem Parents sometimes come to me stressed because the other parent would not allow the child to go with them for visitation because they were a few minutes late to pick up the child. In my 11 years handling family law questions, I see this issue rise very frequently. And sometimes, the concern is from the
Can You Change Your Last Name to One Different From Your Maiden Name in a Texas Divorce
Under the Texas Family Code, a spouse may change her name back to a “name previously used by the party.” Sec. 6.706. CHANGE OF NAME. (a) In a decree of divorce or annulment, the court shall change the name of a party specifically requesting the change to a name previously used by the party unless the court states in the
2019 Harris County Family Judges – District & Child Support Court
The Texas State Family District Courts of Harris County (as of this blog post date) are listed here by the Harris County District Clerk. Most of judges are new and were sworn in after the recent November 2018 judicial elections. The child support (IV-D) courts are specialized “Administrative” courts that hear child support matters. The Harris County IV-D Associate Judges who
Standard Possession Order Holidays Chart Cheat Sheet by YourChildSupportLawyer
Announcing a helpful cheat sheet for parents, lawyers, and judges to use to quickly know when a parent is supposed to have their odd and even year holiday possession. Also available here: [advanced_iframe src=”https://yourchildsupportlawyer.com/wp-content/uploads/2018/11/Texas-Standard-Possession-Order-Holidays-Chart-by-YourChildSupportLawyer.com_.pdf” width=”100%” height=”600″]
TRANSFER ON DEATH DEED IN TEXAS Intersection of Family & Probate Law
A video discussion between Family Law Attorney Mac Pierre-Louis and Estate Planning Attorney Glenda Clausell on “Transfer on Death Deeds” (TODDs) in Texas to convey real property. Part of the discussion on the intersection of family and probate law.
MANUALLY CALCULATING CHILD SUPPORT IN TEXAS CORRECTLY TO THE PENNY!
It can be challenging to calculate child support correctly. Plenty of apps and software I have reviewed do not give correct answers. These apps and software sometimes do not factor in all the necessary values the law requires when calculating child support, such as credits. Or they begin calculations with outdated tax data. Further still, many people, including many lawyers
TOP 5 CSRP (CHILD SUPPORT REVIEW PROCESS) TIPS TEXAS FAMILY LAW
Video Highlights You can see the relevant law from the Texas family code chapter 233 regarding CSRPs down below: http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.233.htm I have some tips to help you if you are visiting the attorney general’s office for a child support review process meeting also known as a CSRP negotiation conference. I’ve posted about CSRP meetins previously and many parents continue
Spring Break Vacation in the Texas Standard Possession Order
ODD AND EVEN YEAR SPRING BREAKS The Standard Possession Order (SPO) states that on even numbered years the non-custodial parent possesses the child from 6pm on the day school dismisses for vacation until 6pm on the day before school resumes. On odd years it’s reversed and the custodial parent gets the child from 6pm on the day school breaks for
YouTube Educational Videos Now on YourChildSupportLawyer.com
Now available on YouTube is the YourChildSupportLawyer Video Channel, featuring educational and informational video blogs or “vlogs” to help parents navigate the issues of divorce, custody, and support. Visit today. Subscribe through YouTube to stay current on the latest videos.
Top 5 Reasons Family Law Orders Involving Children Are Modified in Texas
The following Top 5 reasons are rated in terms of weight and (in my opinion) importance not frequency: 5: Increase child support It’s usually the case that an obligor will make more money over his working life. So it should be no surprise many custodial parents expect and like the law allowing for increases in child support. Under Texas law, child
Can Stepparent Spouse Be Held Liable for Other Spouse’s Child Support Obligation?
The simple answer is no, generally a stepparent will not be held liable for their spouse’s child support nonpayments. In fact in Texas the person held liable or responsible for paying child support is the person who has a duty to support the child. Usually the person who has a duty to support is a legal parent of the child,
No, You Can’t Wear Jeans to Court! Dress Code and Attire Rules to Win Your Case
Let’s chat a bit about courtroom attire. This topic comes up due to the high number of folks I’ve seen walk into court dressed inappropriately. Judges and jurors are human and they inject their own biases into decisions involving clients’ character. Humans judge each other based on how they dress. This may see unfair, but thinking your dress or attire does
Back to School Tips 2016-From Former Teacher Turned Lawyer Mac Pierre-Louis Make a Plan Going back to school can be very traumatic for some kids. It’s very important parents help alleviate much of the stresses of back to school by sitting down with their kids and talking to them about what to expect. Parents should discuss with younger kids what
Top 4 Reasons to Exercise Your Extended Summer Possession Order Rights
Summer is here! Time for vacations, outdoors, and fun. Most kids are out of school and most parents are able to take time off from work. If you have a parentage agreement or court order with your child’s other parent, chances are you have extended summer parenting time that you can spend with your child. Many parents, especially non-custodial parents
Are you Sure You Have a Common Law Marriage? Texas Common Law Marriage Requirements
Some Texas couples live together for years but never get a marriage license. They believe that because they share the same home, have children together, and mix their money, they have a “common-law marriage” that is equal in terms, rights, and duties to a more typical marriage entered into under a state-issued marriage license. But what are the Texas Common
SUPPORT FOR A MINOR OR ADULT CHILD WITH DISABILITY IN TEXAS (TFC 154.301+)
Child Support for a Minor Child With Disability in Texas Texas courts may order either or both parents to provide support for a child for an “indefinite period” if the child requires substantial care and personal supervision because of a mental or physical disability, whether institutionalized or not, when that child will not be capable of self-support. A catch is
Tolstoy once said, “All happy families are alike; each unhappy family is unhappy in its own way.” Tolstoy was wrong, at least he’s wrong in the twenty-first century. Each family has its own individual quirks and are a lot more diverse than the idealistic nuclear family. The laws have not reflected this change. A same sex couple put an ad on
SHOULD YOU BRING A LAWYER TO TX AG CSRPs (CHILD SUPPORT REVIEW) MEETINGS?
Everyday, Texas parents who have Attorney General (AG) child support cases receive Child Support Review Process Notices inviting them to attend negotiation conferences in child support field offices across the State. These meetings, called CSRP (Child Support Review Process) conferences (or phone conferences), are non-adversarial mediation discussions where parents try to resolve legal issues involving child support. Parents can establish a new child support order or modify an
Paid Ahead It’s a common practice to confirm in a court order that an NCP is behind in child support arrears. For example: “Dad owes mom $1000 in back support arrears as of yesterday.” But what about confirming that the NCP is paid ahead? For example: “Dad is paid ahead $1000 in child support as of today.” Sometimes, parties agree to
Do I need my Ex’s consent to travel out of the country with our child?
If you have a court order specifically requiring you to obtain consent, you must do so. If no such court order exists, and if no travel restrictions exist, you have a right to travel with your child in a safe, reasonable manner.
The age a child can decide which parent to live with under Texas law
Can a child choose which parent she wants to live with? It depends. Texas law sets 12 years old as the age a child can be interviewed by the judge for the judge to obtain the child’s desires on who he or she wants to live with. However, this age is not an automatic age a child can decide which parent to live
Claiming a child as a tax dependent who does not live with you
It’s Spring! That time of year when parents nationwide claim their dependent minor children on their federal taxes. Child Tax Credit The Child Tax Credit is a tax-reducing entitlement millions of parents take advantage of each year to offset some of the costs associated with caring for their children. Let’s face it, kids are expensive. Every little bit of help
If you live in Texas with a valid TX custody order, but then let your child go out of state to live with the other parent, can that parent modify to change custody in their different home state once they have the child? The issue of custody battles across state lines happened so frequently in the past, it led to
Failing to pay child support can keep you from becoming a US Citizen
Your application to become a US citizen may be denied for failure to pay child support. Why? Good Moral Character To become a citizen, you must exhibit “Good Moral Character” (GMC) during the preceding 5 years before your citizenship application. One of the conditional bars to showing you have GMC is not supporting your kids. Federal immigration regulations regarding how one
Child support is money paid to provide some or all basic needs of a child such as food, clothing and child care, there are many other aspects that relate to child support. Here are 10 things you didn’t know about child support: 1) Child Support is Governed by State Law: Even though, a child support case might involve multiple states, the laws
Canceling Health Insurance Plan for a Child Under a Court Order
WHEN YOU WANT YOUR EMPLOYER TO STOP PROVIDING MEDICAL INSURANCE FOR YOUR CHILD There are some instances where a custodial or noncustodial parent wants their boss or human resources office to STOP deducting their paychecks for health insurance premium amounts that go toward insuring their dependent child. Employers who abide by family court orders may be reluctant to violate an order commanding them to insure an employee’s child.
Texas and the Interstate Family Support Act Amendments (2008)
State of Texas legislators have approved House Bill 3538, which incorporates federal laws involving international child support into state law. The bill has been sent to the Governor for signature. Governor Greg Abbot, the former Attorney General of Texas, who used to head the Texas Child Support Division, will likely sign the bill into law. More can be read about
Indian Courts to fix child support till age of 25 – The Times of India
For the first time in India, the concept of shared parenting has been proposed to give joint custody rights of a child to both parents in case of divorce -equal legal status with respect to guardianship and custody . Source: Courts to fix child support till age of 25 – The Times of India
WHAT’S NEW IN TEXAS CALCULATOR VERSION 3.0–Calculate Withholding
Now when you calculate child support using the TX Calculator App, you will see green “Calculate Wage Withholding” icons that help calculate withholding amounts due from the obligor based on how he is paid: monthly, semi-monthly, bi-weekly, and weekly. For example, if an obligor’s monthly child support amount is $500/mo, then his withholding amounts are: $500 if he’s paid once
TX Child Support Today Calculator App Tip: Using the Union Dues Window for More than Union dues.
The Union Dues window of the TX Child Support Today Calculator App (currently version 2.0) does not get very much love. There are not very many union workers in Texas, and consequently very few obligors elect to populate an amount in this box when calculating their monthly support amount. Though used infrequently, the box remains because Texas law still gives
Child Support Payment reductions, Proposed Changes, and Modernizations
Nebraska has proposed legislation to lower child support for non-custodial parents. The logic behind Nebraska proposing a reduction in support—that cost of living has lowered and support payments should be reduced accordingly. Also, supporting Nebraska’s proposition for lowering payments is that the state currently has one of the highest payments in the United States. The proposed legislation appears to be
Owed child support and not getting paid? According to the Rocky Mountain PBS News, you’re not alone. In the state of Colorado, a third of the state’s child support cases are delinquent. Nationally, there are over one hundred and sixteen billion arrears owed to parents. Obviously, the current system has to make adjustments so that arrears can be collected. For
Celebrity magazines often try to compare how stars are similar to every day Joes. These articles usually concern mundane things such as the sort of beverage at Jamba Juice that George Clooney orders, or that celebrities like the rest of us have to buy groceries. One thing these magazines often ignore is that famous people are not immune from paying
In San Antonio, a woman was recently was robbed. What was taken? Her child support. The case in unfortunately not that unusual criminals used Child Support to steal and scam from others. For example,San Bernardino County warned about a phising scam targeting individuals involved in child support cases. With the amount of personal information that is exchanged in child support cases,
Child support is calculated in Texas on a precise formula. The formula can seem convoluted to someone who is not familiar with how it works. A single variable can change the sum that a party might owe. The formula can fluctuate depending on how often one is paid. Often confusion arises when one is paid bimonthly versus being paid every other week.
While most people wouldn’t tell a judge that their dog ate their missing child support payments, there are actually some pretty flabbergasting and sometimes hilarious excuses that people will use when missing their payments (and yes, the dog eating the child support check has actually been used). The Huffington Post UK’s list has some of the most inane reasons. From
Can Collaborative Law be Used for Child Support Issues?
Collaborative Law The concept of collaborative law sounds almost oxymoronic. When one thinks of collaborating, they think of exchanging ideas in a flexible environment. The law is often thought of being draconian in its rigidness. However, in Texas, collaborative law is a real thing and can be used in family law cases . Collaborative Law is a process that involves
A BRIEF EXPLANATION OF SEVERAL ENTRY WINDOWS OF THE TEXAS CHILDSUPPORTTODAY.COM CALCULATOR APP (version 1.04)
Brief Explanation of Entry Windows (App version 1.04 & 2.0) 1. Employed Gross– Enter the obligor’s monthly gross earnings from work income. Such as income from W-2 employers who withhold taxes for the obligor. This is the most common source of income for most people. 2. Self-Employed Gross– Enter the obligor’s monthly gross earnings from self-employed type work. This sort of
Pleased to announce the roll out of the Texas edition of the Childsupporttoday.com support calculator app. More information to come in the upcoming days. A calculator help guide and other information will be updated on this blog’s App page. The app is currently on iOS only and available on iTunes. The above is for informational purposes only and does not
WHY CAN’T YOU JUST FILE BANKRUPTCY TO END YOUR CHILD SUPPORT DEBT?
Many non-custodial parents (NCPs) have been tempted to wipe away their child support debt through bankruptcy, but they soon realize bankruptcy law does not treat all debts the same. Some debt, like child support debt, is prioritized above other forms of debt, meaning they are considered more important than other debts and cannot be discharged so easily. In fact, priority
Q&A: HOW IT WORKS IN TEXAS WHEN YOU RECEIVE CHILD SUPPORT FROM ONE PARENT BUT ALSO PAY CHILD SUPPORT TO ANOTHER
Imagine that mom Jane Doe receives $1000 each month in child support from dad John Doe for their daughter. Also imagine that Jane Doe has to now begin paying child support to another man, Don Juan, for their son. So, 3 adults, 2 kids, and a very interesting situation. Question: Can the child support that Jane Doe receives from John
SHOULD A FAMILY COURT JUDGE EVER OWE BACK CHILD SUPPORT?
Not to get on the judiciary here, but this post involves an important ethical question. When is it okay for a family court judge to owe back child support? Is it proper to even bring up the question? Family law judges handle various aspects of family law. They work hard to see that justice is done. They make sure the most
SHE SAID IT WAS A GIFT. HE SAYS IT WAS FOR CHILD SUPPORT!
John and Jane Doe, imaginary separated parents, are sitting in a child support office with a caseworker negotiating a new child support order. They make it through the topics of custody, visitation, and even ongoing child support without a hitch. They arrive at the issue of back child support (owed from dad to mom since separation), and things get dicey.
WOULD YOU POST THE OTHER PARENT’S NON CHILD SUPPORT ON SOCIAL MEDIA TO SHAME THEM?
This topic originally appeared in the CNN article, ‘Dead Beat Kenya’ Facebook page claims to expose absentee parents by Faith Karimi. The article is worth the read as it does a fair job laying out both sides of the controversy of labeling a child’s non-custodial parent a “dead beat” on social media. In the age where anyone can create a Facebook page on
THE INTERSECTION OF FAMILY VIOLENCE AND CHILD SUPPORT LAW
By now, everyone has heard and opined on the domestic violence controversy involving Ray Rice and his wife, Janay Palmer. If you’re unfamiliar with this story stemming from a February 2014 hotel elevator assault, step into a time machine and watch any US news show circa 9/1/2014 to 9/15/2014 to get caught up (or just Google it). The story raised
Q&A: HOW TO REMOVE A CHILD SUPPORT LIEN OFF YOUR HOME IN TEXAS
Child support liens are typically placed by a child support office or other judgement creditor on an NCP’s real estate property such as a house when that NCP owes child support arrears. The idea for the lien is that the lien will help ensure that proceeds from the sale of the property will go toward paying off the arrears owed
SO YOU’VE BEEN PAYING SUPPORT DESPITE HAVING THE CHILD? WHY?!?
Perhaps it’s not knowing the law but I’ve ran into the trend (albeit small) where the NCP continues paying the CP support while having physical custody of the child. In a typical example case, a CP mom sends son to go live with dad and dad agrees. Dad had been paying mom regularly and therefore owes her no back child
Texas Child Support Drivers License Suspension Texas’ license suspension rules are pretty straightforward: Under TFC 232.003, if you are behind in child support for 3 or more months, and were given an opportunity to catch up but failed, a court or the IV-D Agency may order the suspension of your licenses or permits. The state has the authority to cease various
Q&A: DOES A CHILD SUPPORT OFFICE LOOK INTO IMMIGRATION STATUS?
This one is controversial. With all the legal and lay opinions on “anchor babies” and immigration reform, there is bound to be some heartfelt feelings on social policy and the welfare state when it comes to a discussion on whether state child support offices do or should investigate children’s or parents’ immigration status. During my time with the state, a
MICHIGAN: A DEFENSE TO NOT PAYING SUPPORT?: I’M UNABLE TO BAY versus IT’S IMPOSSIBLE TO PAY
Interesting news tidbit coming out of Michigan’s Supreme Court involving defenses to child support enforcement: NCPs now have a defense against child support enforcement–that they cannot pay child support; but it just better be because it is impossible for them to pay, i.e., the NCP has exhausted all resources from which to support his or her child and therefore cannot
CREDIT: WPVI-TV/DT Philadelphia: WOODBURY, N.J. – December 17, 2013 (WPVI) — 44 people were arrested during an early morning child support sweep in Gloucester County. The total cash owed by those arrested totaled $779,702.54. Gloucester County Sheriff Carmel Morina announced Tuesdaythat during the early morning hours of December 9, 10 and 11, 30 officers from the Gloucester County Sheriff’s Department, the Gloucester
FLEEING YOUR HOME STATE DOES NOT NECESSARILY END ITS JURISDICTION OVER YOU WHEN SETTING CHILD SUPPORT
Most people know that in the United States when a person flees their home state for another state to escape prosecution for a crime, the other state the person flees to has the ability to ship the person back to their home state to face justice. This is called extradition. Many people have heard about extradition and understand it’s typically used when State A lacks the legal
Q&A: CAN CP PRIVATELY SUSPEND NCP’S LICENSE FOR NOT PAYING CHILD SUPPORT?
#10162209 / gettyimages.com Probably! Although it’s rare, Texas Family Code Chapter 232.004a does allow a private individual such as a CP to file papers with the court requesting a judge to suspend an NCP’s license, such as a drivers license, when that NCP owes 3 or more months of back child support. The above is for informational purposes only and does
DRIVERS LICENSES ARE NOT THE ONLY LICENSES THAT CAN BE SUSPENDED FOR FAILURE TO PAY CHILD SUPPORT
Texas Family Code Chapter 232 allows the NCP’s licenses to be suspended for failure to pay child support. Most people think of drivers licenses when they think of which licenses can be affected. It’s true drivers licenses are the most common forms of government-issued licenses that are pulled for failure to support your children as ordered. And it’s generally the case that a
Quoted from myFoxdfw.com:DALLAS –There are new guidelines for calculating maximum child support payments. Beginning Sept. 1 the new guideline for one child is 20 percent of $8,550, which is $1,710. That’s an increase of $210 a month. The changes are tied to inflation. They could help thousands of parents receiving child support. “That would put groceries on the table. It would
FATHER SAYS HE’S STILL PAYING CHILD SUPPORT FOR 3-YEAR-OLD SON WHO DIED 25 YEARS AGO
Found this story rather interesting. Includes a CP who conveniently remains quiet and an NCP who’s out to bring attention to his injustice:Father says he’s still paying child support for 3-year-old son who died 25 years ago The above is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship between the writer and reader.
CAN’T RENEW YOUR PASSPORT? THIS MIGHT BE A REASON WHY…
Federal law (42 USC 652(k) & 654(31)) allows the Department of Health & Human Services (DHS) to talk with states’ child support offices to confirm whether an NCP owes an amount exceeding $2500 in back child support. If confirmed, DHS can inform the US State Department to deny, revoke, or limit an NCP’s passport. The federal law specifically orders that the US
WHAT HAPPENS WHEN YOU’RE AWAY ON MILITARY ACTIVE DUTY AND GET SERVED WITH CHILD SUPPORT COURT PAPERS?
Many people serve in the US military. Sometimes they go on active duty. How should an NCP on active duty respond when he is served with court papers or an administrative notice to show up for a child support hearing? He has some options under the federal law known as the Servicemembers Civil Relief Act (SCRA). SCRA allows NCP’s to postpone court
THREE SCENARIOS WHEN A CHILD SUPPORT ORDER BEGINS ADDRESSING A CHILD’S DISABILITY
States, including Texas, maintain laws on support of minor or adult children with disabilities. Here are three common scenarios when child support orders begin addressing support for children’s disabilities. These scenarios are described in the context of Texas law, but may be applicable to other states’ laws. As always, before making a major legal decision, consult your attorney to discuss your specific
I came across this YouTube video the other day involving a small claims court dispute between an ex-girlfriend and her future NCP. It unexpectedly turns to child support when the judge gets incensed about the NCP not working to take care of his nine children. The Judge sums it up bluntly at 1:55, “Nine kids, don’t even remember the last time you even
Suppose a mom (CP) visits her local state child support office and alleges that a certain man (NCP) is her child’s father. Then suppose that midway through the adjudication process, the NCP dies before a DNA test could be administered. In most cases child support is typically void at this point. Most child support offices would just close CP’s case. However,
People commonly hear of “IV-D” or “4D” or “Title IV-D Courts” when child support issues are being discussed. But what exactly is IV-D? Where does the reference come from? First, Title IV-D refers to a section of US Federal Law known as the Social Security Act. You’ve undoubtedly heard of the Social Security Act as the law dealing with retirement
HOW CHILD SUPPORT ORDERS PROTECT THE RIGHTS OF THE NON-CUSTODIAL PARENT (NCP)
A typical scenario that proves child support orders protect non-custodial (NCPs) is when the NCP insists on foregoing a child support order in order to provide direct support to the Custodial Parent (CP) for their child(ren), only to later have that CP visit a state child support office and allege that the NCP provided no direct support. While an NCP
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