3
Oct
2012

Think Before You Post On Social Networking Sites!

Millions of people daily log into their favorite social networking sites to chronicle their lives both personal and professional. All day people visit with friends, business associates or look for new contacts.  9/2012 Pew Report states that 66% of the U.S. population uses social networking websites on a regular basis and 53% of the 50+ year old population engages in social networking!

With more people every day using social media for their online interaction, these websites are affecting the legal and ethical aspects of the personal relationships and the law. Much valuable legal information may be discovered in a lawsuit on these websites which are proving to potentially have devastating results in the court litigation.

Many social networking site users are now looking at the additional options regarding privacy management because of concern with regard to potential legal liability.  63% of the users are deleting people not known from their “friends” list. 44% of these users have deleted comments made by others on their profile, and 37% have removed their name from photos that tagged their identify. (Pew Report 2/2012)

You should exercise careful thoughtful judgment when posting on social networking sites. Think before your post! Could this one click post be potentially damaging to you, to others you care about or to your 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 a client has posted about themselves, or other information publicly disclosed from other people’s social networking. Many lawyers now ask their clients to stop using or to deactivate (not delete) their social networking sites during their litigation process. Better safe than sorry!

The use of Electronically Stored Information (ESI) is now being addressed by the U.S. Government and many states regarding usage and admissibility in litigation. The Federal Rules have been amended to address ESI and set up a framework on dealing with this information. The 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/or distorted since: “You Said It”!

 

3
Oct
2012

Texas Child Support Guidelines Update

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.

 

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).

6
Aug
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!

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