Author Archives: Jay Butchko
What To Do If You Are Falsely Accused Of Domestic Violence In Houston, Texas
Domestic violence remains a serious problem in our communities. According to data from the Texas Department of Public Safety (DPS), there are nearly 200,000 incidents of family violence reported across the state each year. Of course, not every report of family violence is legitimate. The reality is that false accusations happen. Innocent people are… Read More »
Can I Stop My Former Partner From Changing My Child’s Name In Texas?
A child’s name is important. Following a divorce or separation, some parents desire to get their child’s name changed. It could be their last name, their first name, or both. In Texas, parents have the right to petition for a child. When the child’s legal parents do it together, a Texas judge will generally… Read More »
What To Know About The Rights Of Non Custodial Parents In Texas
In Texas, the terms conservatorship and possession are used instead of custody and visitation. That being said, the general concepts are the same. Under Texas Family Code § 153.002, the best interests of a child will “always be the primary consideration” in determining conservatorship and possession. If you are the parent without primary physical… Read More »
Spousal Support And Cohabitation In Texas
Following a divorce in Texas, the financially-challenged partner may be eligible to receive spousal support (alimony). Our state has some of the most strict alimony laws in the entire country. Under Texas law, all ongoing and future alimony obligations are automatically terminated if the recipient spouse gets remarried. This raises an important question: What… Read More »
2021 Child Tax Credit (Advance Payment): A Guide For Divorced Or Separated Parents
On March 11th, 2021, the American Rescue Plan was signed into law by President Joe Biden. Among other things, the bill expands and makes “advanceable” the child tax credit. In effect, this means that parents with children under 17 years of age and younger will receive monthly payments from July of 2021 until December… Read More »
Two Reasons Why The Texas Alimony Laws Are Unique
Marriage is a partnership. During the course of a marriage, a couple’s finances inevitably become intertwined. In a divorce, marital assets must be divided in accordance with the Texas community property laws. In some cases, the financially disadvantaged spouse may also be entitled to receive alimony (support/maintenance) payments from their former partner. Spousal support… Read More »
Do Step Parents Have Any Rights In A Divorce In Texas?
A step parent can play a very important role in the development of a child. If you are a step parent preparing to separate for your spouse, you may want to know: Do I have a right to seek custody or visitation for a stepchild in Texas? The short answer is that step parents… Read More »
Is A Business Community Property Or Separate Property In Texas?
Ending a marriage is not an easy thing to do. Untangling legal, financial, and personal affairs can be complicated. For business owners, a divorce can be even more difficult. You have to worry about protecting your company. This raises an important question: Does my business count as community property when getting divorced in Texas?… Read More »
How A Divorce Lawyer Can Help You Uncover Concealed Assets In Texas
Texas is a community property state. Under Texas Family Code § 3.002, a couple’s marital property is split 50-50 in a divorce. In going through the divorce process in Texas, parties have an obligation to make certain financial disclosures. After all, you cannot get your fair share of the community property if your spouse… Read More »
What Are The Consequences Of Delinquent Child Support In Texas?
Parents have a legal duty to support their children. Yet a significant percentage of child support goes unpaid. According to a report from CBS News, approximately 25 percent of parents who owe child support pay some, but not the full amount. Another 30 percent do not pay anything at all. In Texas, a parent… Read More »
