With Strength And Compassion
Powers Kerr & Rashidi, PLLC
All parents share a common goal: the best interests of the children. That being said, parents often have very different opinions of what is “best.” Moreover, they often sharply disagree as to the methods used to achieve that common goal. In terms of their approach, many lawyers are far too aggressive in child custody disputes. A court hearing is unlike…
With the possible exception of the marital residence, a retirement account is typically the largest asset in a high net worth divorce. After years of saving and planning, it can be quite disconcerting to learn that a retirement nest egg is divisible just like any other marital asset. But, from both a legal and practical perspective, both spouses have made…
Although the vast majority of Texas divorces are filed under the no-fault law, there are times that an evidenced-based action may be more appropriate, particularly in a high-asset divorce. For many people, a no-fault divorce is not a good option for religious or moral reasons. An evidenced-based divorce helps them paint a picture of an out-of-control relationship which was far…
To promote a more effective property division in a high asset divorce, Texas courts recognize and enforce two different types of spousal support. Statutory Maintenance The Legislature enacted Section 8 of the Family Code about twenty years ago, with the apparent intent to expand the law over time. But that no longer seems to be the case, as the edict…
With tassels turning on mortarboards throughout Central Texas, this question is a popular one in divorced families throughout the area. While the short answer is “no, unless the child is still in high school or is disabled” there are some nuances in child support law that both parents should be aware of. The Law There is some basis for a…
When it comes to child support calculation, Texas is one of only several percentage-of-income states. Non-custodial parents pay a set percentage of their net income on a sliding scale according to the number of children before the court. Nearly all other jurisdictions use an income share model. It attempts to give the children the same standard of living they would…
Collaborative law is quite common in certain areas of North America, including California and Canada, but it has not gained much traction in some areas of The Lone Star State. Is this model an option for your complex divorce or other family law issue? The Collaborative Family Law Act outlines the procedure in Texas. In a nutshell, the process is…
The marriage dissolution rate for these couples has doubled in the last twenty years. These “gray divorce” matters are often the epitome of a high-asset divorce. While there may be no complex child custody issues to resolve, the property division can be a Gordian Knot of separate assets, community assets, and commingled assets. Aging baby boomers were the first demographic…
Section 6.711(a) of the Texas Family Code mandates that prior to entering a judgment that divides the estate of the parties,” the court must enter affirmative, written findings regarding the value of the community estate’s assets, as well as the value of separate assets. Subsequent case law has made it clear that there cannot be a just and right division…
A retirement plan may be one of the largest assets in the marital estate, especially in a high asset divorce case when the parties have been married for a number of years. Section 7.003 of the Texas Family Code authorizes the judge “to determine the rights of both spouses” with regard to a defined benefit pension plan or a defined…