Step Parent Conflict – Put Your Kids First!

Thirty seven percent of families in the United States are blended families. Sixty percent of second marriages end in divorce. A biological parent has his hands full, but as most step-parents will tell you, their job is even more complicated.

Following a divorce, it is not uncommon for a new step-parent to become the target of unprovoked spite or anger. In many cases, the previous-spouse harbors unfounded fears that their child will look to a new step-parent as a mother or father replacement figure. This can engender resentment to what may already be an uncomfortable situation between parties. Regretfully, these issues often escalate very quickly. Such resentments place the children squarely in the middle of a bitter fight between the people they love the most and are not healthy for anyone involved. The pain of conflicting loyalties to each parent and a child’s feeling of being “caught in the middle” of such disputes exacts an enormous emotional toll on a child. When a parent is in a rage, it is not uncommon for a child to withdraw. The child’s behavior towards the non-primary parent may abruptly change. This change in behavior may have more to do with keeping the primary parent happy than it does with how they really feel about the non-primary parent or step-parent. It is essential that you make it clear to your child that you love them and will always be there for them, regardless of the emotional or less than rosy current circumstances.

It is crucial to a child’s self-esteem and emotional growth that parents avoid putting children in the middle of such disputes. This can be incredibly difficult, however, when a selfish or manipulative parent does not think twice about wrongfully placing his or her child in the middle of conflict. Children are very perceptive and as they grow older they will ultimately realize when a parent has lied to them and used them for their own emotional or financial gain. Though they may temporarily identify with the aggressors, in time they will deeply resent the parent who has manipulated them.

Regardless of the circumstances, it is critical that biological parents avoid arguments or conflicts in the presence of the children. Such conduct is conducive to parental alienation goals of the misguided previous spouse. If the child sees that you maintain a calm and collected demeanor, it gives them reason to pause and feel safe.

If a previous spouse is making statements to the child regarding issues that should only be discussed between adults, tell the child that such discussions are inappropriate and you will take them up with the other parent at another time.

It is ok to tell your child “I am sorry,” if they are upset, even if you are not the parent upsetting them. This validates that they are hurting and relieves any false guilt they may have over things that are being said and done when you are not present. It is sometimes helpful to use everyday situations to explain conflict to your child. As an example, when dealing with conflict explain that “brothers and sisters fight, but they still love each other. Families have to work through conflict in order to stay together. I would not leave you if you made a mistake, I would not want you to leave me.” Such statements reinforces that reasonable conflict is ok and assures the child that you will remain a constant force in their life regardless of the situation.

If you feel that the conflict has escalated to a point of becoming emotionally abusive and/or destructive to the child, consult a Family Law / divorce attorney. It may be in the best interest of the child that he or she be removed from the primary parent and placed with the non-primary parent so that he or she is allowed to love all parental figures, parents and step-parents alike, unconditionally.

Think Before Posting on Social Networks

Everyday millions of people log into their favorite social networking sites to start their day, catch up during the day and end the day visiting with friends, business associates or looking for new contacts. What we are all doing is giving and receiving information about ourselves and others! A recent Pew Report states that 50% of the U.S. population uses social networking websites on a regular basis and 26% of the 50+ population engages in social networking!

Other interesting facts from Pew Reports: the U.S. 18-29 year-olds use their cell phone for the internet compared with 49% of 30-49 year-olds and 21% of 50+ users. The popularity of texting, taking pictures or video is increasing the use of social networking sites for all ages. These users of social networking and messaging services post information without much discretion or future perception as to what is said and how this information can legally be used against them down the road.

The Ten Most Popular Social Networking Sites of 2012taken from Hitwire.com (1/7/2012)
1.  Facebook, 64.28% visits share
2.  You Tube, 19.57% visits share
3.  Twitter, 1.48% visits share
4.  Yahoo!Answers .96% visits share
5.  Tagged, .75% visits share
6.  Linkedin, .67% visits share
7.  Pinterest.com, .48% visits share
8.  MySpace, .44% visits share
9.  Google+, .42% visits share
10.  MyYearbook .39% visits share

You should exercise careful thoughtful judgment when posting on social networking sites.
Think before your post! Could this post , which is one click away to immortality, be potentially damaging to you, others you care about or business relationships?

In today’s world, many lawyers are asking very specific questions to their clients concerning email addresses, use of social networking sites and types of personal information the client has posted about themselves, or information publicly disclosed from other people’s social networking. Many lawyers now ask their clients to stop using or to deactivate their social networking sites during their litigation process. Better safe than sorry!

The use of Electronically Stored Information (ESI) is now starting to be addressed by the U.S. Government and many states regarding usage for legal issues. The Federal Rules have been recently amended to mention ESI and set up a framework on dealing with this information. The new rules include ESI to email, web pages, word processing files, computer databases, and just about anything that is stored on a computer. The definition of ESI also includes traditional email, instant and text messaging, voice mail, personal webmail, blogging and other new emerging technologies. Potential relevant information from any of these sources must now be preserved by litigants in the federal courts. Just remember what you do or say online can and will be used against you and distorted since “you said it”!

Texas Child Support Guidelines

Under the Texas Family Code §154.125 the guidelines for child support are as follows:

(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.

(a-1)  The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation.  The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment.  The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect.  For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.

(a-2)  The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013.  This subsection expires September 1, 2014.

(b)        if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order: 

CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR 

1 child              20% of Obligor’s Net Resources
2 children          25% of Obligor’s Net Resources
3 children          30% of Obligor’s Net Resources
4 children          35% of Obligor’s Net Resources
5 children          40% of Obligor’s Net Resources
6+ children        Not less than the amount for 5 children

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower.  For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent.  See the chart below.

 

                          Multiple Family Adjusted Guidelines  (% of Net Resources)

                   Net Monthly Resources X Percentage Below
                  =
Monthly Child Support Obligation

 

 

 

Number
of other children
for whom
the obligor has a duty
of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

 Net resources are determined by deducting the following from the obligor’s income: 

  1. Social Security Taxes;
  2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
  3. State Income Tax;
  4. Union Dues (if such deductions are being withheld); and
  5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).