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Recent Blog Posts
Do I Have to Share Accident Injury Compensation in My Divorce?
If you have suffered a serious injury due to an accident, the compensation from a personal injury claim is crucial for covering medical bills, lost income, and the emotional toll of your experience. But, facing a divorce while still dealing with the aftermath of an injury can be particularly tough. It is understandable to be worried about losing a significant portion of your compensation to your spouse during asset division. You should seek the guidance of a Texas lawyer who can help navigate the complex property litigation of your divorce case and safeguard your financial well-being.
Is Injury Compensation Considered Community Property in Texas?
If you are getting a divorce in Texas, marital assets are divided and are usually assets acquired during the marriage, while separate property was obtained before the marriage. So, if you sustained an injury and settled your claim before getting married, you are typically entitled to keep the entire compensation you received.
How Can My Spouse’ Substance Abuse Impact My Child Custody Case?
When parents are in a bitter divorce or custody battle, crafting a parenting plan that meets their child's needs becomes more complex. It gets even tougher when one parent accuses the other of substance abuse. When one parent questions the other's fitness, finding a mutual solution can be challenging. Our legal team excels in handling such complex child custody cases, advocating for our clients before mediators, arbitrators, or judges. You need a skilled Texas attorney who can deal with such intricate cases.
Can a DUI Charge Affect Child Custody in Texas?
As a parent, your child's safety is your top priority. Every year, tragic accidents occur in Texas due to drunk driving, which raises serious concerns about the safety and well-being of a child if a parent is facing DUI charges. If you are going through a child custody battle or a divorce and discover that your soon-to-be ex-spouse is arrested for DUI, this could impact custody, even if your child was not in the car at the time of the DUI arrest.
Can I Get Custody of My Grandchildren?
Many loving grandparents jump at the opportunity to care for their grandkids especially if they learn that their little ones are growing up in an environment that is not safe or in their best interest. In cases where parents do not let grandparents spend time with their grandkids, some may decide to battle this out in court. However, situations where a grandparent can file for child custody are fairly specific. If you are caught in a family feud like this, whether you are a grandparent or a parent, an Austin lawyer can be your guide to understanding your rights.
When Can Grandparents File for Child Custody?
Under Texas law, there are rules as to who can kick off a legal showdown affecting the parent-child relationship. Grandparents usually get a shot at filing a custody case only when both of the child's parents have checked out. Sometimes, even if one or both parents are still in the picture, a grandparent might just squeeze through the legal door. For example, if a grandparent can prove that the child’s current living situation is unhealthy for their physical, mental, or emotional well-being, they may have a fighting chance. Other situations include the following:
When Property Division Is a Sticking Point During Divorce
If you are in the middle of a Texas divorce, legal issues related to real estate can make for a tricky situation that can lead to complex property litigation. Perhaps you and your soon-to-be ex are currently in disagreement, and you are thinking about taking legal steps. At Powers Kerr & Rashidi, PLLC we have been dealing with these types of situations for a long time. A Texas complex property litigation attorney can try to make sure you get a fair share of what you own.
What Is Considered Complex Property Litigation?
Complex property litigation involves multiple parties, unusual challenges, and one in which the stakes are high which can turn into a fiery courtroom battle during a divorce. When a couple cannot agree on how to fairly divide their valuable assets, such as real estate, investments, businesses, retirement accounts, or even unusual items, it often leads to a legal showdown in court. This process can be lengthy and costly, making it essential to have an experienced divorce attorney by your side. A lawyer specializing in navigating the intricate legal landscape of property division can ensure that you receive your rightful share. Whether you are dealing with intricate financial matters or unique assets, having a skilled Texas complex property litigation divorce attorney can make all the difference in achieving a fair outcome in your divorce.
When is a Divorce a Contested Divorce?
Divorce is difficult enough, but when couples do not see eye to eye, it becomes a contested divorce. Sometimes a history of abuse can make it difficult to have a straightforward divorce. Perhaps the couple does not agree on all the important aspects of the divorce, such as who gets custody of the children or how property should be divided. In these cases, each spouse should get their own Texas contested divorce attorney to represent their interests.
What is the Process in a Contested Divorce?
If you are facing a contested divorce in Texas, you need an attorney who can stand up for your rights in a contested courtroom process while also offering unwavering and caring support throughout the ordeal. Here are some things to keep in mind as you seek the help of legal counsel:
Can My Spouse Get Away with Hiding Assets During a Divorce?
Some spouses will undoubtedly try to sneak away with more than their fair share, especially in high-asset divorces. If you are trying to unmask him or her, exposing your suspicions can make for a more contentious divorce. In these complex situations, untangling and fairly dividing marital property becomes quite the challenge. To safeguard your rights and financial interests, it is crucial to put emotions aside and tackle this task head-on. You need a skilled Texas high-asset divorce attorney.
How Can I Protect My Assets?
Under Texas law, the court will order that the estate be divided in a just and right manner, keeping in mind the rights of each party and any children. The entirety of your assets is a testament to your hard-earned efforts, and you rightfully deserve what is yours. Unfortunately, there are instances where spouses go to great lengths to retain everything for themselves.
What Can I Do if My Ex Says I Am Not the Baby's Father?
Establishing who a child's real father is, can be an emotional and sometimes complicated puzzle. When multiple men come forward saying they are the baby's father, it is important for everyone involved to understand how these cases can be sorted out to ensure that the right man is legally recognized as the child's father. You need a skilled paternity Texas attorney to guide you through this complex and highly sensitive legal matter.
How Is Paternity Determined?
Under Texas law, a man automatically becomes the father of a child if he is married to the child's mother when the baby is born or if the marriage ends within 300 days before childbirth. That is because the baby may have been conceived as a result of an infidelity. Or perhaps, the child's mother divorces a man and then ties the knot with another person within that 300-day timeframe. In both scenarios, the men could presume paternity.
Can I Ask For More Child Support if My Ex Is Making More Money?
After the pandemic, the cost of just about everything has gone up, and it is understandable that some people are having a hard time dealing with higher expenses. If you believe your ex got a big raise, you could ask the court to redo the child support payments. Recently, some employers have increased their employees' pay to encourage them to stay, rather than training new people. If you have custody of your child and you need more child support to cover the extra costs, you should seek the help of a Texas attorney to help you make the necessary changes in your child support order.
What Is Involved in Changing a Child Support Order?
Under Texas law, if you want to change your child support payments, you will need to show the court that there has been a big change in your situation to justify the change. If the court decides that there is a significant change in your life, it will approve what it calls a modification or change.
Issues Courts Consider for Custody of a Special Needs Child
A divorce can be emotional especially when children are involved. But when a child with health or educational needs is caught in the middle of a complex child custody battle, some parents will fight to extremes. Perhaps they are triggered by a misconception that the maternal instinct of a mother will weigh heavily in court and that the mother will get automatic custody. A Texas attorney can help you understand your options and what the courts will look at in these child custody cases.
Is a Mother More Likely to Get Custody of a Special Needs Child?
Under the Texas State Constitution custody decisions are not made based on the gender of a parent. When the court determines child custody and visitation, it takes a look at what will be in the best interest of the child, whether the child has special needs or not. Therefore, if a father was very involved in the life of his child before the divorce, he deserves to be allowed to strengthen that bond. This could also show the court that he is the better parent to raise his children.
What Can I Do if My Ex is Spending Child Support Money on Themselves?
Child support payments are intended to be for the direct benefit of the children following a divorce. Within that context, there is a wide range of acceptable uses for child support funds that may not all be strictly related to a child's basic expenses. Of course, child support can be used for clothing, food, medical costs, or school expenses, but it can also be used for entertainment and vacations. If you feel your child's other parent is spending child support money on themselves, contact experienced Austin child support lawyers.
There are almost always expenses that benefit the children as well as their custodial parents. Rent, utilities, and household items are necessary to raise a child, and a parent may save child support funds in case of emergencies. However, if a parent is spending child support money in ways that are not associated with the welfare of the children, this can be a problem. Recognizing how child support can be improperly used is important for taking action when necessary.
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