22
Jan
2012

Time is Ticking on the New Texas Mistaken Paternity Law

Now it is time for “fathers” or men who have been paying child support for children who are not their biological children to assert their rights.

Texas new law, Texas SB785, permits men who have been ordered to pay child support, without genetic testing, to request genetic testing in order to determine whether they are the genetic parent of the child.

But the clock is ticking. If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012.

After September 1, 2012, a man must file a petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating that he is not the child’s genetic father.

In order to file for relief under this new law, the man must have signed an acknowledgement of paternity or failed to contest paternity in the previous proceeding because of a mistaken belief that he was the child’s father based on misrepresentations that led him to that conclusion.

If the man knew he was not the father at the time he signed the acknowledgement of paternity or the previous court order, the new law does not apply.

If the genetic testing concludes that the man is not the child’s genetic father, the court shall render an order terminating the parent-child relationship and terminating the man’s obligation for future child support.

The new order, however, does not affect the man’s obligations for child support or child support arrearages accrued before the date of the order. However, the accrued obligations are not enforceable by contempt proceedings.

If the court order states that the father listed on the birth certificate is not the biological father and the information can be removed from the birth record, then the birth certificate can be revised as well.

Even if the parent-child relationship is terminated, the man may request the court to order periods of possession or access to the child following the termination. The court may order periods of possession or access to the child only if the court determines that denial of possession or access would significantly impair the child’s physical health or emotional well-being. The law directs the court to focus on the child’s well-being, not on the man’s desire to continue seeing the child.

If you have been paying child support due to a mistaken belief that you were the father, the time to act is now. Remember the clock is ticking! If you suspect that you are paying child support for a child who is not your biological child, you must file the petition before September 1, 2012. If you wait to file for relief, you will be barred! Contact an attorney now!

13
Jan
2012

Preparing for a Texas Divorce

Preparing for a Texas Divorce - Part 1: Assets 
 
Preparing for a divorce is painful no matter the circumstance.  Before you get into the tangle of the divorce process, you can reduce the expense, stress and conflict many people face by making sure you are prepared.  Planning ahead allows you to make sound decisions and start preparing for your life post-divorce, and may also help you avoid post-divorce pitfalls. Below is a list of items you may want to gather before counseling with an attorney.

Documents

  1. A Listing of all Real Property, address and location, including (include time-shares and vacation properties):
    1. Deeds of Trust
    2. Notes
    3. Legal Description
    4. Mortgage Companies (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
    5. Current fair market value
  2. Mineral Interests (include any property in which you own the mineral estate, separate and apart from the surface estate, such as oil and gas leases; also include royalty interests, work interests, and producing and non-producing oil and gas wells.
    1. Name of mineral interest
    2. Type of interest
    3. County of location
    4. Legal description
    5. Name of producer/operator
    6. Current market value
  3. Cash and accounts with financial institutions (checking, savings, commercial bank accounts, credit union funds, IRA’s, CD’s, 401K’s, pension plans and any other form of retirement accounts):
    1. Name of institution, address and telephone number
    2. Amount in institution on date of marriage
    3. Amount in institution currently
    4. Account Number
    5. Names on Account
  4. Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
    1. Number of shares
    2. Type of securities
    3. Certificate numbers
    4. In possession of
    5. Name of exchange which listed
    6. Pledged as collateral?
    7. Date acquired
    8. Tax basis
    9. Current market value
    10. If stock (date option granted, number of shares and value per share)
  5. Closely held business interests:
    1. Name of business
    2. Address
    3. Type of business
    4. % of ownership
    5. Number of shares owned if applicable
    6. Value of shares
    7. Balance of accounts receivables
    8. Cash flow reports
    9. Balance of liabilities
    10. List of company assets
  6. Retirement Benefits
    1. Exact name of plan
    2. Address of plan administrator
    3. Employer
    4. Employee
    5. Starting date of contributions
    6. Amount in account on date of marriage
    7. Amount currently in account
    8. Balance of any loan against plan
  7. Insurance and Annuities
    1. Name of insurance company
    2. Policy Number
    3. Insured
    4. Type of insurance (whole/term/universal)
    5. Amount of monthly premiums
    6. Date of Issue
    7. Face amount
    8. Cash surrender value
    9. Current surrender value
    10. Designated beneficiary
  8. Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned)
    1. Year
    2. Make
    3. Model
    4. Value
    5. Name on title
    6. VIN Number
    7. Fair Market Value
    8. Name of creditor (if any), address and telephone
    9. Persons listed on debt
    10. Account number
    11. Balance of any loan and monthly payment
    12. Net Equity in vehicle
  9. Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)

10.  Household furniture, furnishings and Fixtures

11.  Electronics and computers

12.  Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections)

13.  Miscellaneous sporting goods and firearms

14.  Jewelry

15.  Animals and livestock

16.  Farming equipment

17.  Club Memberships

18.  Travel Award Benefits (including frequent flyer miles)

19.  Safe deposit box items

20.  Burial plots

21.  Items in any storage facility

22.  A listing of separate property (property prior to marriage, family heir looms, property gifted)

  1. 23.  Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
          1.  Name of entity, address and telephone number
          2.  Account number
          3.  Amount owed     
          4.  Monthly payment
          5.  Property securing payment (if any)
          6.  Persons listed as liable for debt
11
Dec
2011

Ho! Ho! Ho! Texas Children’s Visitation Schedules and the Holidays

The Holiday season is now upon us and hopefully all parents have worked out the upcoming visitation schedules for the 2011 Holiday Season. But if not….. Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for Holidays.

§ 153.314. Holiday Possession Unaffected by Distance Parents Reside Apart.
The following provisions govern possession of the child for certain specific holidays and supersede conflicting weekend or Thursday periods of possession without regard to the distance the parents reside apart. The possessory conservator and the managing conservator shall have rights of possession of the child as follows:

Christmas Break:
(1) the possessory conservator shall have possession of the child in even-numbered years beginning at 6 p.m. on the day the child is dismissed from school for the Christmas school vacation and ending at noon on December 28, and the managing conservator shall have possession for the same period in odd-numbered years;
(2) the possessory conservator shall have possession of the child in odd-numbered years beginning at noon on December 28 and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall have possession for the same period in even-numbered years;

Thanksgiving:
(3) the possessory conservator shall have possession of the child in odd-numbered years, beginning at 6 p.m. on the day the child is dismissed from school before Thanksgiving and ending at 6 p.m. on the following Sunday, and the managing conservator shall have possession for the same period in even-numbered years;

Child’s Birthday:
(4) the parent not otherwise entitled under this standard order to present possession of a child on the child’s birthday shall have possession of the child beginning at 6 p.m. and ending at 8 p.m. on that day, provided that the parent picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;

Father’s Day:
(5) if a conservator, the father shall have possession of the child beginning at 6 p.m. on the Friday preceding Father’s Day and ending on Father’s Day at 6 p.m., provided that, if he is not otherwise entitled under this standard order to present possession of the child, he picks up the child from the residence of the conservator entitled to possession and returns the child to that same place;

Mother’s Day:
(6) if a conservator, the mother shall have possession of the child beginning at 6 p.m. on the Friday preceding Mother’s Day and ending on Mother’s Day at 6 p.m., provided that, if she is not otherwise entitled under this standard order to present possession of the child, she picks up the child from the residence of the conservator entitled to possession and returns the child to that same place.

Texas child visitation orders may differ from the norm to accommodate family situations so you should always check your decree first! If in doubt about your holiday visitation time’s contact someone who can help you to make sure nothing happens to affect this special season with your children. ‘Tis the Season!

« Older Entries