When married parents have a baby, the law automatically recognizes both parents as legal parents, but that isn’t the case when the parents of a child are unmarried. When a baby is born to parents who aren’t married, the law doesn’t recognize the biological father as the legal parent of the baby. This means that the biological father, if he isn’t married to the mother of the child, doesn’t have any legal rights to the child until he becomes recognized as a legal parent.

Establishing Paternity

Unmarried parents who both want to have legal rights to their child must first establish paternity. There are two options to determine paternity under Texas law:

• Voluntarily Sign an Acknowledgement of Paternity or AOP – If both parents agree on the paternity of the child they can sign an agreement establishing paternity. A legal action can also be done through the court called a Petition to Adjudicate Parentage. This is a court order to establish the relationship between the child and father. These methods work when both parents work together to play an active role in the life of their child.
• Disputed Paternity – If the father disputes or denies the paternity of the child, paternity can be established through court proceedings and the filing of a Petition to Adjudicate Parentage. This petition is resolved when the father appears in court and states he is the father of the child or genetic testing is court-ordered to confirm the paternity of the child.
  

Custody Rights and Visitation Schedules

Once paternity has been established, the parents will then work together to determine parenting arrangements and schedules. Arriving at a solution amicably is beneficial for all parties involved but can be reached through court order when a solution cannot be reached between the parties. Typically, both parents will have the right to spend time with their child and have frequent contact with them; be able to act as a parent and play a role in the child’s upbringing; be involved in making decisions regarding medical care, education, religion, and welfare of the child; have access to medical, school, and other records for their child; attend school activities; and provide for financial, emotional, and physical needs of the child.

Contact an Experienced Unmarried Child Custody Attorney

Parents who are not married typically face issues that their married counterparts don’t have to face. These issues may include proving paternity; ensuring benefits for the child such as insurance, parental rights, and government benefits; choosing a last name; and claiming the child at tax time are some of the most common issues unwed parents face.

When it comes time to navigate through these decisions, discussing your options with an experienced attorney can help make the process much easier. The attorneys at Lindamood & Robinson, P.C. in Houston have years of experiencing helping clients just like you. Contact us today to help ensure that your child is taken care of and your rights as unwed parents are protected.

Resources:

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

texasattorneygeneral.gov/files/cs/Paternity_CSandYou.pdf

When a Texas couple divorces, they must lay out the details of a legal document called a parenting plan. This plan addresses issues such as how much time the child will spend with each parent and where the child will live. The document also establishes each parent’s rights to make and be involved in decisions such as education, medical care, religion, and education of the child. Sometimes parents can work these out with their divorce attorneys, but sometimes the court is forced to establish a parenting plan.

Types of Parenting Plans

Texas uses the phrases access to and possession of when it comes to child visitation. The access and possession schedule show when each parent has visitation time with the child. There are typically two types of conservatorships in Texas.

• Joint Managing Conservatorship – This type of conservatorship includes both parents sharing the responsibilities of raising their child. The parenting plan must show which decisions each parent can make independently of the other parent, which decisions they will make together, and which decision will be the responsibility of only one parent. Some things to consider when determining if joint conservatorship is right for a situation include whether the parents will be able to make shared decisions based on the welfare of their child, if they can support a relationship between the child and other parent, how much both parents contributed to child rearing before they separated, and how close the parents live to each other.

• Sole Managing Conservatorship – With this type of conservatorship, one parent will have the responsibility of making decisions for the child and choosing where the child lives. When one parent is named the sole managing conservator, the other parent then becomes a possessory conservator and has access to the child only through visitation. The sole managing conservator will have the right to choose where the child lives, choose their medical care, make education decision, consent to marriage and enlisting in the armed forces, and receive child support. The possessory conservator and the managing conservator will jointly have the right to receive any information about the welfare, health, and education of the child; confer with the each other before making any decisions regarding the child; attend school activities; be designated as an emergency contact; and consent to emergency treatment of their child.

Court-Ordered Parenting Plan

If a judge is forced to order a parenting plan during a divorce because the parents can’t reach an agreement they will likely take several things into considerations. Those things may include the following:

• Who has been the primary caregiver for the child?
• What is each parent’s ability to provide for their child’s needs?
• What are the child’s preferences if they are age 12 or older?
• How well will the parents be able to communicate with one another?
• Parental history of substance abuse, criminal activity, neglect, or other issues that may pose a threat to the child’s well-being.

Consult with a Family and Divorce Attorney to Protect Your Rights

If you are concerned about your parental rights and want to know how best to protect them during your divorce, consulting with an experienced family and divorce attorney is your best option. The attorneys at Lindamood & Robinson, P.C. in Houston have years of experiencing helping parents exercise their rights under the law and have debunked the myths surrounding a divorce in Texas. Contact us for a consultation today.

Resources:

texasattorneygeneral.gov/files/cs/coparenting.pdf

statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm

You will no longer be sharing property, including income, with your spouse, so you need to be sure that you are going to be financially stable and secure once the divorce is final. This means that you will need to take into consideration property, income, debt, and many other financial aspects when determining the best course of action to take during your divorce.

Community Property or Separate Property?

Texas is a community property state. This means that all marital property must be divided equally between spouses. While this may seem rather simple, sometimes it is very complex. The longer a couple is married, the more they commingle what was once their separate assets. This means that property that might have once been considered to be separate property, or the property of only one of the spouses, may now be considered part of the community property that will be divided.

Retirement Accounts

If you or your spouse have a retirement account, it will likely be divided in half during your divorce settlement. Most of the assets in the account were likely accrued during the term of the marriage making them community property and subject to being divided. Unfortunately, employers often require a special order called a QDRO to divide the accounts. These orders are extremely complicated and almost always require the help of an attorney.

Tax Considerations

People sometimes get so caught up in the property that they often forget about the tax implications of their divorce. This oversight can cost you thousands of dollars. You will need to determine who will be able to claim Head of Household status, who will claim the tax exemptions for the dependents, whether you can claim spousal support payments as a deduction, and whether child support is deductible.

Debt

The longer a couple has been married, the more likely they are to have created complicated debt arrangements. Some debts may be in both parties’ names and some may be in only one spouse’s name. While a court may order debts to be paid by one spouse or the other, the dilemma is caused when the creditor is only able to collect the debt from the person who initially created the debt. This means that the court must take special precautions when dividing property to try to match the property to the debt and give it to the person that incurred the debt.

Educate Yourself

Unfortunately, divorce can bring out the worst in some people and you need to educate yourself so that you aren’t cheated when it comes to settling your divorce. Having an experienced Texas divorce attorney on your side can help you ensure that you are receiving the best possible financial outcome for your divorce. The Houston divorce attorneys at Lindamood & Robinson, P.C. have years of experience to make sure the difficult process of divorce goes as smoothly as possible. Contact us today for a consultation.

Community Property vs. Separate Property

Texas is a community property state. This means that couples are required to fairly divide all jointly owned property. While this sounds simple enough, identifying which property is community property and which property is separate property (owned by only one person) can be complicated.

Typically, a trust fund is considered separate property if you can prove that it is yours and yours alone. Your spouse must not have any claim to it at all. There are a few situations that can change that rule, however.

Prenuptial Agreements

A prenuptial agreement is a binding contract that determines how all property will be divided if the parties divorce. The couples who agree to the prenuptial agreement must do so voluntarily and both parties must sign the agreement before they get married. Each person must disclose their full financial information to the other person and give each other the opportunity to discuss the agreement with an attorney before they sign the document. Depending on agreement, the trust fund could be subject to division during the divorce if it specifically says so in the agreement.

Trust Funds and Commingling

In Texas, separate property can be claimed which allows you to prove that the trust fund belongs only to you. However, if you have commingled, or mixed, your separate trust property assets with marital assets, the court could order you to give part of that money to your spouse. If you funded your trust with separate funds, you must be able to trace that contribution through documentation or receipts that show the source of separate funds.

Because of this rule, it is important that you keep your funds separate by placing them in a separate account rather than a joint account, limit the access to the account by your spouse, do not use the funds to pay marital debt, and don’t use the funds to help pay for a family home or other family property.

Trust Funds and Support Payments

Whether your trust fund was created through separate property or marital assets, the court will include any income you receive from the fund as part of your total assets when determining spousal and child support. This applies whether you are the party receiving the support or the spouse paying the support. The court will include the income in the calculation of the support and determine how much you will receive.

How an Attorney Can Help

If you have made mistakes as mentioned above, you may still be able to prove that your trust fund is a separate asset. It could be more difficult, and an experienced attorney will know how to prove that your trust fund should be yours only. The Houston attorneys at Lindamood & Robinson, P.C. have the knowledge and experience to help you protect your assets. Contact us for a consult today.

Again, you can avoid this by sitting down with your Houston divorce attorney and discussing your post-divorce financial future with an eye towards effective planning. Here are three issues you need to be cognizant of and plan for when getting your divorce finalized and moving on with your life post-divorce. 

Issue No. 1  – Failing to Create a Monthly Budget

You need to compile a list of your anticipated fixed expenses (e.g., rent or mortgage payment, car payment, utilities, credit card bills, etc.) and your anticipated income. You should also factor in whether you will be paying or receiving alimony. This is critically important so you do not find yourself living paycheck-to-paycheck post-divorce. In addition to a monthly budget, you should have a long-term budget so you can properly prepare for future expenses such as paying for college for your children. 

Issue No. 2 – Impact of Divorce on Your Retirement Benefits

Since Texas is a community property state, contributions made to your 401(k) or other retirement accounts are subject to equitable division. Any investment accounts will also be subject to division so the funds you may have set aside for a rainy day and the long-term future will likely be reduced as a result of the divorce.

Along with your own retirement accounts, your Social Security benefits could be affected by the divorce. For example, if you and your spouse were married for ten years or more, they could claim a portion of the Social Security benefits. 

Issue No. 3 – Properly Accounting for Spousal Support and Child Support

Depending on the specific facts of your divorce, you could be looking at paying both alimony to your spouse and child support. You need to be prepared to make these payments. Failing to do so can have serious consequences in Texas. For example, failing to pay child support can result in you being unable to renew your vehicle registration.

There are also tax implications when it comes to the payment and receipt of alimony and child support. For example, if you are paying alimony to your spouse, you can deduct those payments from your taxes. However, child support payments are not tax deductible. Similarly, if you are receiving alimony from a spouse, it is important to remember to report these payments as income on your taxes. 

Contact an Experienced Houston Divorce Attorney Today

Getting divorced can be an overwhelming and emotionally traumatic experience. The Houston law firm of Lindamood & Robinson, P.C. is here to help. We can help walk you through the potential financial risks after a divorce and work to get the divorce finalized in an expeditious manner.

Resource:

statutes.legis.state.tx.us/Docs/FA/htm/FA.3.htm

In fact, it is possible for one spouse to hide assets so well from the other spouse that those assets cannot be found in a traditional manner. In some cases, even using a creative approach, all assets may not be uncovered. That is why it is important to have an attorney that knows how to uncover all feasible options when it comes to hidden assets in a divorce.

Why Would Assets Be Hidden?

While you may think that it’s uncommon for one spouse to hide assets from the other, that’s actually not the case. Spouses may choose to hide assets to keep more of the marital property for themselves while keeping the other spouse from getting the fair settlement they’re entitled to. The practice is common, but it is underhanded and completely illegal.

How Are Assets Hidden?

The most common types of assets that are hidden are cash, mutual funds, bonds, insurance policies with cash value, and stocks. Converting cash into personal property is also a common way to hide assets; this may include guns, paintings, quality carpets, jewelry, antiques, vehicles, or other collectibles, which are often undervalued or even overlooked. The following includes other common ways that spouses hide assets during a divorce:

• Stash money in a safe deposit box, in the house, or somewhere else – Think about your spouse’s recent activities and habits. Has there been anything unusual or anywhere you have spotted them where they typically don’t appear?
• Under report income on tax returns and financial statements – If it isn’t reported, it won’t be used in financial analysis.
• Overpayments to the IRS or creditors – If the spouse overpays, they can get a refund after the divorce is final.
• Create false debt – The spouse may collude with friends or family to establish false debt or expenses. They can make payments to them knowing that they will get the money back after finalizing the divorce.
• Transfer stock – Your spouse may transfer investments or stocks into the names of family members, “dummy” companies, or business partners. After finalizing the divorce, the assets can be transferred back.
  

How Are Hidden Assets Located?

Before starting the search for hidden assets, an investigator must have all personal identification information for your spouse. Because assets are often transferred to close friends and family, having as much information about them as possible is also helpful. This information includes names and addresses, social security numbers, birthdays, etc.

Certain other information could also help an investigator locate hidden assets. Does your spouse travel? If so, where do they stay and what are their activities when they travel? Does your spouse have funds automatically transferred into an account? Do they have their paycheck deposited into their own account? Where do your spouse’s credit card statements and bank statements get mailed to? Is cash frequently used to pay for purchases? Who is your spouse’s accountant? Do they own a business? This basic information can help the investigator get a head start in finding your assets.

What Can Happen If My Spouse Is Hiding Assets?

Texas is a community property state, meaning that most assets that are acquired during the marriage are considered part of the marital community estate. The court will divide this property between the parties to achieve a result that the court believes is fair. If a judge discovers that fraud has taken place, they will determine the value the estate would have been if the fraud had not been committed.

The new estate is then divided between the spouses in any manner the court deems fair. This usually means that the wronged spouse will get the portion of the estate they would have received had fraud not been involved. The judge may also order a monetary judgement against the fraudulent spouse in favor of the spouse that was wronged.

How an Attorney Can Help

Having an attorney that is experienced in Texas divorce law can help you uncover hidden assets and get the property settlement you deserve. An experienced attorney will know who to hire and how to uncover a variety of types of assets that are often hidden when trying to prevent the other spouse from getting a fair settlement. The attorneys at Lindamood & Robinson, P.C. have the knowledge to get the results you want and deserve. Contact us today for help.

Resource:

forbes.com/sites/jefflanders/2012/03/14/divorcing-women-heres-where-husbands-typically-hide-assets/#1f07c97d6579

While Texas law does allow for the possibility of spousal support during and after divorce, how much and whether or not spousal support will be awarded will depend on the facts specific to your case. While a spouse can voluntarily pay spousal support, if one spouse is requesting it without the other’s consent, the demanding party must first establish that they are eligible for the support.

Does My Situation Qualify for Spousal Support?

In 2011, Texas changed its rules for court ordered spousal support. Under the new laws, a spouse must prove that when the divorce is final (after assets and liabilities have been divided) there won’t be significant property to meet their necessities, which typically means their monthly expenses. If they can prove that, they also must prove at least one of the following:

• The spouse responsible for paying has received a plea deal or been convicted for domestic violence.
• The spouse seeking support cannot earn sufficient income to pay for their necessities due to mental or physical disability, due to their custodial parent responsibilities for a child from the marriage who needs special care due to their mental or physical disability.
• The marriage last ten or more years.

If the requirements for receiving spousal support are met, then it is up to the court to determine the amount that will be required to be paid and how long the support will have to be paid.

How Much Spousal Support Will I Pay or Receive?

If a judge finds that one of the spouses is eligible for spousal support, the court will also determine how much support will be paid. Typically, the amount determined is the difference between the spouse’s monthly expenses and their monthly income, but that isn’t always the case. According to law a judge also must take into consideration the following.

• The financial resources of both parties after the divorce is final.
• How paying the support will affect both spouses’ ability to pay their bills.
• The age, employment history, physical and emotional condition of the requesting spouse, and earning ability.
• Each spouses’ education and employment skills and how long it would take for the requesting spouse to get education or training.
• Homemaker contributions.
• Marital misconduct of either spouse and family violence.
• Whether either spouse inappropriately spent joint funds or disposed of joint property during the marriage.

In the State of Texas, the cap on spousal support is set by statute. The amount of support the judge orders a spouse to pay cannot be more than $5,000 per month or 20 percent of the paying spouse’s average monthly gross income, whichever is lower.

How Long Will I Pay or Receive Support?

Generally, the court ordered support will be limited to the smallest time period that will allow the spouse being paid the money to being earning enough money to meet their monthly expenses unless the spouse has a physical or mental disability, is caring for a young child or infant, or there is another reason they cannot meet their own needs.

The maximum amount of time one spouse can be ordered to pay support to another depends on the length of their marriage. The time could be as long as five years if the marriage was no more than nine years and the spouse ordered to pay was abusive or if the marriage lasted between 10 and 20 years. The judge could order up to seven years of support if the marriage lasted between 20 and 30 years long, or as long as 10 years of support if the marriage was more than 30 years. The support could be ordered indefinitely if the receiving spouse or their dependent child is disabled.

Know Your Rights

Financial decisions such as spousal support during a divorce can be difficult. Paying or receiving the amount you deserve is important to both parties and an attorney experienced in family law can help you determine what your options are. The attorneys at Lindamood & Robinson, P.C. can help you move forward and understand your options under Texas law.

In either situation, it is important to remain calm and not to make any rash decisions. One of the worst decisions you can make is to get angry or levy threats against your spouse.

It is important to take action, but take the appropriate action. For example, you should immediately contact a Houston divorce lawyer and start crafting a response. Why? Because if уоu fail tо filе a rеѕроnѕе or fail to show up to court, you could be subjected to a default judgmеnt against you, whiсh results in уоur ѕроuѕе getting еvеrуthіng thаt thеу wаnt and you losing out on protecting your rights.

Onсе уоu retain the services of an experienced Houston fаmilу lаw attorney, they will file the response to the complaint. More than likely, if уоu have been served, you wеrе not only served with the original реtitiоn for divorce, but уоu were also served with a nоtiсе of hеаring thаt уоu nееd to рrераrе fоr. You will nееd to mаkе sure you have any of your nесеѕѕаrу witness’ information for your attorney and any evidence that уоu wаnt admitted to refute either your ѕроuѕе’ѕ сlаimѕ оr ѕuрроrt уоu claims.

Timе tо Rеѕроnd

Texas gives you twenty dауѕ tо rеѕроnd tо your ѕроuѕе’ѕ petition, but уоu uѕuаllу have a little more time than this — uр until 10:00 a.m. on thе first Mоndау аftеr thе 20th day. If the 20th day iѕ a Tuеѕdау, уоu have ѕix more dауѕ, until the following Mоndау mоrning, tо filе. You can submit a ѕimрlе document саllеd аn аnѕwеr, informing thе соurt knоw thаt you want to be involved in the рrосееdingѕ.

Resolving the Divorce Out-of-Court

Responding to the initial divorce complaint is critical, but it does not mean that your divorce will have to be resolved at a trial. In fact, your Houston divorce lawyer can reach out to your spouse’s counsel to try and work out an out-of-court settlement or schedule a mediation with an unbiased third party to try and achieve a resolution. 

Have Questions? Speak to a Houston Divorce Lawyer Today

Getting served with divorce papers is never easy, even if you and your spouse already agreed to get divorced. Actually receiving the papers often elicits an emotional reaction from people since it is the official recognition that your marriage is ending. As mentioned, you should not act irrationally or lose your temper. You should take action and contact a divorce attorney sooner rather than later. That is why it makes sense to contact the law firm of Lindamood & Robsinson, P.C. Our team is comprised of experienced and skilled divorce attorneys who understand Texas divorce law. Contact our office to schedule an in-person case review.

If you are looking to establish paternity, it is possible to utilize an array of tests to determine if a particular individual is the father of your child, including swab Tеѕtѕ and DNA genetic identity tеѕtѕ.

Establishing paternity is important for many reasons, including the fact that identifying the father translates into certain rights and responsibilities on that individual to help support and raise the child. Even if you do not want to marry the father, the father can still be held responsible for providing support for the child’s immediate and future needs.

Prосеѕѕ for Establishing Patеrnitу Through Court-Ordered DNA Testing

If the individual identified as the likely father dоеѕ not take a DNA tеѕt vоluntаrilу, you саn оbtаin a соurt оrdеr соmреlling him to tаkе thе tеѕt. Yоu, or your Houston family law attorney, will hаvе to file a соmрlаint in thе аррrорriаtе court, whiсh iѕ thе соurt in thе county whеrе the сhild resides. A ѕummоnѕ will need to be obtained frоm thе соurt сlеrk.

Once you hаvе соmрlеtеd the necessary forms, уоu muѕt make copies. Mаkе at lеаѕt one сору fоr thе father аnd two сорiеѕ fоr уоur rесоrdѕ. Take the original and сорiеѕ to the court clerk. File thе original with thе сlеrk аnd hаvе уоur сорiеѕ ѕtаmреd аѕ wеll. You may also have tо ѕеnd blаnk fоrmѕ (ѕuсh аѕ a Response form) for thе fаthеr to fill out.

Typically, you саn hаvе рареrѕ ѕеrvеd оn thе father uѕing the sheriff. The court clerk will ѕсhеdulе the service, and уоu wіll bе сhаrgеd a ѕmаll fee unless you fill out a fее wаivеr form.

Once thе ѕhеriff оr the рrосеѕѕ server mаkеѕ service, hе оr ѕhе will fill out a “Proof of Sеrviсе” form indicating that ѕеrviсе wаѕ mаdе. You muѕt thеn make a сору аnd file thiѕ рrооf with the соurt.

The father might rеѕроnd and deny parentage, accept parentage, оr nоt rеѕроnd at all. If he dеniеѕ раrеntаgе, thеn thе соurt will rеviеw the еvidеnсе tо ѕее if a DNA test iѕ wаrrаntеd. If the fаthеr dоеѕ not rеѕроnd, then уоu саn gеt a dеfаult judgmеnt. Yоu, or your Houston family law attorney, will have to fill out ѕресifiс fоrmѕ and file them. Once you receive a default judgment, the fаthеr will have to come into court if hе wants to соntеѕt раrеntаgе.

Have Questions? Contact a Houston Paternity Lawyer Today

Attempting to raise a child on your own is difficult enough. Do not let the father walk away without ensuring they are aware of the child’s existence and are advised of the legal obligations associated with being a father. If you do not have a Houston family law attorney yet, it is important to retain experienced counsel to assist you during the paternity and DNA testing process. That is why it makes sense to contact the Houston law firm of Lindamood & Robsinson, P.C. Our team is comprised of experienced and skilled attorneys. Contact our office to schedule an in-person consultation.

Resource:

texasattorneygeneral.gov/cs/establishing-paternity

Common Myth No. 1 – Marital Assets Will Always Be Divided Equally Between the  Spouses

In Texas, marital assets are treated as “community property.” Generally, community property is divided equitably between the spouses. But it is important to note that an equitable division and an equal division are two very different things.  In fact, in many divorces, the final order does not leave the spouses with a neat 50-50 split of assets. A Texas judge has the ability to divide assets disproportionality in an effort to reach an equitable division. For example, they may review the earning capacity of both spouses and if one spouse has a lower earning potential, the judge may wind up issuing an order for spousal support. 

Common Myth No. 2 – A Court Will Always Award the Mother Custody of the Children

There is no presumption under Texas law to award custody in favor of the mother in all cases. In fact, courts are obligated to examine the backgrounds of both spouses and determine which parent is most capable of taking care of the child, or children. Texas courts can consider an array factors when determining custody, such as:

• The physical and mental health of each parent
• The financial health of each parent
• Any history of physical violence or abuse towards the children
• The residency of each parent (e.g., if one parent will live closer to where the child is currently attending school, has friends, etc.)
• The relationship between each parent and the child, or children
  

Common Myth No. 3 – Your Divorce Will Have to Be Litigated In Front of a Judge or Jury

Many people begin to feel queasy when contemplating going to court and having to testify in front of a judge or jury about their failed marriage. Do not fret. In many instances, a divorce can be largely resolved out of court. Yes, divorce documents do need to be filed in a Texas court, but this does not mean you will have to go through a jury trial to get your divorce finalized. In fact, many divorcing couples opt for mediation to achieve a resolution to any disputes concerning marital assets and other issues. Mediation is much more efficient and less expensive than litigating your divorce in court. 

Houston Divorce Lawyers Here to Help You Through This Difficult Time

It is perfectly understandable to have questions or concerns about the divorce process in Texas. But rather than relying on preconceived notions and myths, the best option is to take the time to sit down with an experienced Houston divorce lawyer to discuss your legal options and the best path forward. The law firm of Lindamood & Robinson, P.C. is here to help. Contact our office today to schedule an in-person consultation.

Resource:

statutes.legis.state.tx.us/Docs/FA/htm/FA.3.htm