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Fort Worth Family Law Blog

Living together without being married?

At some point in their lives, almost half of adults in the United States have lived with a partner in a romantic relationship without being married. A 2012 study in revealed that one in 15 couples were in live-in relationships. The legal ramifications of not having a legal marriage are a growing part of family law.

One of the bigger issues is home ownership. The house belongs to whoever is on the deed. It doesn't matter who makes the payments. The equity belongs to the owner of record. Therefore, it is best to buy the house and put in both names with rights of survivorship so it passes to the other partner in the event of death. Another important thing to consider is a will. Without one a surviving partner is entitled to nothing. Unmarried couples with assets of over $5 million needs to be careful of estate tax issues that don't apply to married couples.

Factoring in college savings during divorce

When Texas couples are considering divorce, they may think about how to divide their current assets and which parents should have custody of the children. However, couples should also consider how to deal with college savings during this time so that any agreement among the couple is recorded as part of the divorce decree. Couples have a few options in factoring in college savings during the divorce process.

One option is to freeze the 529 plan during the divorce process. While taking this step will freeze the ability to make any deposits to the plan, it will also prevent either parent from making withdrawals on the account. Although there are penalties for doing so, parents can take money out of the account for their own purposes, including buying a car, paying for a vacation or other desire even though the account is meant to provide for their children's education. A parent who did not get what he or she believed to be a fair share may be tempted to raid the educational fund to equalize the settlement and freezing the account helps prevent this problem from occurring during an emotional time.

Texas woman sent to jail for failing to pay child support

When a court is contemplating which parent can best serve the interests of the children from the relationship, it considers many factors. The court may consider the relationship between each child and each parent and the relationship of the parents. It may also consider the ability of each parent to support education, religious beliefs and morality. The court can also look to which parent may best be able to provide for the financial needs of a child when deciding child custody matters. Regarding this last factor, a Texas woman may have impaired her ability to win a child custody case.

The 39 year old woman from Corpus Christi pleaded guilty to failing to make her child support payments for her two children who reside in Mississippi. The two counts that she pleaded guilty to were for felony non-support of the woman's children. She received a suspended jail sentence for five years for each count that runs concurrently.

Divorce for Texas women who earn more than their spouses

For women who earn more than their husbands, considering a divorce can represent some important financial considerations. There are several factors to take into account, even before the nuptials, when thinking about the monetary implications of the dissolution of a marriage. The division of marital property, business considerations and personal financial accounts may all come into play during divorce proceedings, and proper planning ahead of time can help to prevent problems and protect financial assets.

A pre-nuptial agreement, for example, can assist a couple in sorting out the most important pieces of monetary information should the marriage be dissolved. Thinking of a pre-nuptial agreement as a respectful way to settle matters with the least amount of complexity for both parties can help to frame such an agreement in a positive light.

New alimony laws bring unexpected changes to couples

Texas residents may be interested to know that the much-discussed alimony legislation reform was passed by the Florida Senate on April 4 by more than a two-to-one margin. When people file for divorce, they can expect that alimony will change and that permanent alimony may become a thing of the past.

The courts can modify current divorce agreements to update the changes in the law. Many people will be impacted, including children, those who pay alimony and those who receive it. The bill has completely overhauled a system that is considered to have worked fairly well. On the other hand, it might not help those who most need the financial support. In addition, the courts could be overburdened as thousands of people go back to court to modify agreements that are already in place.

Lottery winners may find child support obligations waiting

Texas and many other states participate in Powerball lotteries, giant pools that pay off millions of dollars to a single winner. While winning a pot this large may be everyone's dream, those who owe unpaid child support may find that winning this kind of money brings attention from family law advocates and child support enforcement agencies. This is what happened to one New Jersey man who recently won the Powerball jackpot for more than $300 million.

The $338 million jackpot, which will pay the winner $221 million in a lump sum payment, would seem to be every lottery player's dream come true. However, the man quickly discovered that New Jersey law enforcement agencies were paying attention when they announced that they intended to seek $29,000 in unpaid child support immediately. It remains to be seen if the man will be forced to pay out more of his winnings if the custodial parent decides to take action.

How to handle taxes after a divorce

While most residents of Texas who file for divorce understand their finances are going to change as a result, many do not consider the impact that divorce will have on how they file their taxes. The choices individuals make regarding their divorce will often have long term effects, so people should be proactive about reducing their tax burden. In addition to changing the status they can file under, divorce will also impact what deductions people have access to, especially if they have children.

Following a divorce, individuals are naturally no longer able to benefit from a married filing status. Some are still able to file as "Head of Household," which usually carries a lower tax rate, but only if they meet certain criteria. Deductions related to children are another huge change in the way that divorced individuals can file their taxes, and the tax deduction for each child generally goes to whomever the child spends the most time with.

Deion Sanders wins jury vote for custody

A Texas jury awarded former NFL Dallas Cowboy Deion Sanders custody of his two sons with estranged wife. The jury decided that Deion Sanders should have full child custody of his 13- and 11-year-old sons and joint custody of his 9-year-old daughter.

Deion Sanders had received temporary custody of the children in May 2012 after he filed for divorce in September 2011. The jury vote was an 11-1 decision, and the jury also voted that the couple should share physical as well as legal custody of the couple's daughter. Each parent was trying to get full custody of all three children.

Divorce late in life has special issues

Our population is aging and there's an increase in what is known as gray divorce. There are special issues that must be considered when a long-term marriage ends and the parties are over 50 years old.

Two important aspects of gray divorces are 401K and pension plans of the spouses. It is much harder to rebuild these types of assets as retirement draws closer. This is especially important to consider in a community-property state like Texas. Generally, assets obtained during the marriage are equally divided in a divorce

Automated services may help Texas county family law courts

The Domestic Relations Office for El Paso county has formed a strategic partnership with Texas Attorney General Child Support Division. Implementation of Integrated Child Support Services, which will automate the resource-intensive manual system in place since 2000, is a primary goal for the DRO. Automation is expected to provide a number of benefits related to the county's family law services, including faster enforcement of withholding orders, automatic enforcement actions following 90 days of non-payment and additional resources for parents.

The new system does not provide any additional services compared to the older model. Services remain the same, but one interested attorney believes they will be provided faster and more efficiently than in the past. The manual system of the past sometimes resulted in seriously delinquent accounts due to delays in both enforcement of court orders and processing of employment information. Adoption of the system brings El Paso into line with other major counties in Texas already using the service.

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