nacol law

Feb
08

Trust Busting in a High Asset Divorce

One the most complicate and transparent ways an individual may defraud a spouse during a marriage is with the use of a trust.  A trust is an entity that separates equitable and legal title of all property or money placed within it. Prior to, during, or after marriage, a spouse may create a trust and name the children of the marriage or others, as the beneficiaries.  The spouse then may start siphoning community property and separate property into the trust removing the property from the community. This is a tactic commonly practiced when a spouse has failed to sign a pre-nuptial agreement.

Circumstances like this happen in High Asset Divorces because a trust may be used to protect properties from the other spouse. Attack the trust as a party of the case and request an accounting.  It takes an experienced lawyer to understand which trusts can be attacked and which trusts are impenetrable.

Trust busting consists of complex and arduous litigation depending on the circumstances. The circumstances of a trust are important in divorce cases. Here are a few questions you should ponder when assessing any trusts during a divorce:

  1. Determine when the trust was created;
  2. Determine if the trust is revocable trust  or irrevocable trust ;
  3. Determine who the beneficiary of the trust is;
  4. Determine who the trustee of the trust is;
  5. Determine who the settlor of the trust is;
  6. Determine the type of property or money that is placed within the trust; and
  7. Determine when the property or money was placed in the trust.

These are just a few inquiries you should make prior to meeting with your lawyer. It will save you time and money. Depending on the answers to the seven inquires stated above, an experienced lawyer may be able to bust the trust opening the property and monies for the final hearing in a divorce case. There are many defenses and unsettled law in connection with trust busting and an experienced attorney must be sought.

 

Julian Nacol, Attorney
Nacol Law Firm P.C.

By Nacol Law Firm | Property and Asset Division
DETAIL
Jan
02

Delinquent Child Support in Texas = Denial of Motor Vehicle Registration Renewals

December 2016 the Texas Department of Motor Vehicles will start denying motor vehicle registration renewals for parents who have gone at least six months without making a child support payment. The law applies to Office of the Attorney General (OAG) child support cases.

The OAG also has the authority to bar the renewal of professional, recreational and handgun licensed of parents behind on child support payments.

Delinquent Parents will receive a notice from the Department of Motor Vehicles and a letter from the attorney general’s office about two months before their registration is set to expire.

Once parents receive a notice, they must agree to a payment plan with the Attorney General’s child support division before they will be able to renew their registration.  This law only applies to motor vehicle renewals.  New vehicle purchases are not affected.

DETAIL
Aug
08

Spousal Maintenance Law for a Texas Divorce

The origin and basis of family law statutes and precedent in Texas were heavily influenced by the predecessor Spanish/Mexican Law prior to the formation of the Texas Republic. Spanish Law required in large measure that a husband and wife share ownership and if a divorce was granted then a 50/50 split of all property would ensue. Though there are exceptions to this, a general tenant of Texas property law states that both spouses will receive half of all the property they accrue during the marriage called “community property”, not inherited or received by gift. The influence of Spanish Law is a primary reason that for many years Texas has not favored any type of permanent alimony (also called spousal maintenance) after divorce.

In 1995 the Texas Legislature passed the first Spousal Maintenance Law that allowed a limited type of alimony. The law has been amended many times but in its current form it allows, upon proper proof, a spouse, under specific conditions to receive post-divorce money from their spouse for future support.  The eligibility for Spousal Maintenance in Texas is limited and narrowly constructed.

Texas Family Code 8.051 states the requirements for a spouse to be eligible for Spousal Maintenance (alimony) as follows:

The spouse in which requests the spousal maintenance has been a victim of family violence by their husband or wife and the offense occurred:

  1. within two years before the date on which a suit for dissolution of the marriage is filed or;
  2. while the suit is pending

OR

The spouse seeking spousal maintenance:

  1. is unable to earn sufficient income to provide for the spouse’s minimum reasonable needs because of an incapacitating physical or mental disability;
  2. has been married to the other spouse for 10 years or longer or lacks the ability to earn sufficient income to provide for the spouse’s minimum reasonable needs; or
  3. is the custodian of a child of the marriage of any age who requires substantial care and personal supervision because of a physical or mental disability that prevents the spouse from earning sufficient income to provide for the spouse’s minimum reasonable needs.

The qualifications are narrow. Spousal Maintenance focuses on a spouse who has been a victim of family violence, has a mental or physical disability, or has been married for at least 10 years. The amount of money the Court will allow to be paid to a spouse monthly cannot exceed the lessor of 5,000 or 20% of a spouse’s average monthly gross income per Texas Family Code 8.005.

If you are in the process of divorce, and have been a victim of family violence or have been married for at least 10 years, then speak with an experienced attorney about the possibility of obtaining Spousal Maintenance. Spousal Maintenance is not a permanent fix but a temporary solution until you can get back on your feet. Texas Courts are hesitant in granting spousal maintenance because the spouse of a marriage generally receives half of all property accrued during the marriage. If the required extraordinary circumstances are present it is possible to receive some type of alimony for a limited amount of time.

Contact an experienced attorney that deals with matters to inform you if spousal maintenance is possibility. If you have been a victim of family violence or have been a stay at home mom for at least 10 years then you may have the ability to receive a limited form of alimony to help aid you with the daunting task of finding a new job and starting a new life.

By Nacol Law Firm | Spousal Support
DETAIL
Jul
08

Domestic Abusers – Know the Serious Warning Signs!

Domestic Violence is a very hot topic now. Major personalities from government, business, entertainment, sports, and religious sectors are protesting Domestic Violence and working to help create stronger laws to protect the victims of such violence.  

If you are a Victim of Domestic Abuse, you must fight back! No one has the legal right to physically, mentally, or verbally abuse another individual!  If you are a relative, friend or acquaintance of a potential victim or victims, please look for warning signs of abuse being committed on these people, asset legal defense on this conduct, and report your findings to the police.  

Often victims are so mentally and verbally abused, they do not have the strength to defend themselves or their family. Truly be a friend and help to protect their lives by reporting any fact based suspicion of abuse to the proper authorities.

Some warning signs to look for in an abuser or a potential abuser’s conduct in a relationship:

Push for Quick involvement

A victim often has known or dated the abuser for a brief period of time before getting engaged or living together. The abuser pressures the victim for an exclusive commitment immediately.

Jealousy & Controlling Behavior

An abuser will equate jealously with love and controlling behavior to concern for the victim. The abuser becomes jealous of time spent with others. The abuser may call the victim frequently during the day, drop by unexpectedly, refuse to let the victim work, check the car mileage, or ask friends to watch the victim. As the behavior progresses and the situation worsen, the abuser may assume all control of finances or prevent the victim from coming or going freely.

Unrealistic expectations

An abuser expects the victim to be the perfect partner, and to frankly, without error, meet his or her every need.

Isolation

An abuser will attempt to isolate the victim by severing the victim’s ties to outside support, relationships, and resources. The batterer will accuse the victim’s friends and family of being “trouble makers.” The abuser may block the victim’s access to use of a phone, car, and also discourage the victim from working. No outside contact with the rest of the world.

Playing the Victim

An abuser will blame and project upon others for all problems shortcomings. Someone is always out to get the abuser or is an obstacle to the abuser’s achievements.

Blames others for feelings

An abuser will use feelings to manipulate the victim. Common phrases to look for: “You’re hurting me by not doing what I want.” “You control how I feel.”

Hypersensitivity

An abusive person is easily insulted, claiming hurt felling when he or she is really mad.

Cruelty to animals or children

This is a person who punishes animals brutally or is insensitive to their pain. The abuser may also expect children to perform beyond their capability and use physical force if a child cannot comply. 65% of abusers who beat their victims will also abuse children.

“Playful” use of force in sex

This behavior includes restraining partners against their will during sex, acting out fantasies in which the partner is helpless, initiating sex when the partner is asleep, or demanding sex when the partner is ill or tired. The abuser may also find the idea of rape exciting.

Verbal abuse

Constantly criticizes or says cruel things, degrades, curses, or calls the victim bad names. Sleep deprivation could be involved with relentless verbal abuse.

Rigid sex roles

The abuser will expect the victim to serve, obey and remain home to serve on the abuser

Sudden Mood Swings

Explosive behavior and moodiness, which can shift quickly from sweet to violent in minutes.

Past battering

An abuser will beat any partner if the individual is involved with the abuser long enough for the cycle of abuse to begin.

Threats of violence

This consists of any threat of physical force meant to control the partner. Most people do not threaten their mates but an abuser will excuse this behavior by claiming “everyone talks like that.”

Physical force during an argument

This may involve an abuser holding down the victim, blocking escape routes and physically restraining the victim from leaving, pushing or shoving. Holding someone back in order to make demands, such as “You will listen to me!” is also a show of force.

By Nacol Law Firm | Domestic Violence
DETAIL
Feb
25

Grandparents Rights in Texas – Regarding Grandchildren

The statutory rights of grandparents in response to a child in the State of Texas, absent existing executions, are minimal. The Texas Courts observe the rights of the parents to prohibit visitation and communication of these children from their grandparents if the parents wish. There are however limited circumstances when grandparents of a child may petition the Court to receive an order that forces the child’s parents to let the grandparents see the children on a regular basis. Texas Courts honor the rights of the parents and must presume that a fit parent makes such decisions, as to who the child may or may not see, those decisions are in the best interest of the child.

In order for a grandparent to interfere with a parent’s right to prohibit the grandparents from seeing the child, the grandparent must prove three elements under 153.433 of the Texas Family Code:

a) The Court may order reasonable possession of or access to a grandchild by a grandparent if:

  1. At the time the relief is requested, at least one biological or adoptive parent of the child has not had the parent’s parental rights terminated;

  2. The grandparent requesting possession of or access to the child overcomes the presumption that a parent acts in the best interest of the parent’s child by proving by a preponderance of the evidence that denial of possession of or access to the child would significantly impair the child’s physical health or emotional well-being; and
  3. The grandparents requesting possession of or access to the child are a parents of a parent of the child and that parent of the child:

A) Has been incarcerated in jail or prison during the three-month period preceding the filing of the petition;

B) Has been found by a court to be incompetent

C) Is dead; or

D) Does not have actual or court-ordered possession of or access to the child.

This Statute is limited in application because the Texas legislature gives deference to the parents’ fundamental authority to determine who their child may and may not see.

An example will help clarify this Statute. If a grandparent’s son died in car accident and the grandparent had been helping their son and daughter in-law raise the children, then the grandparents could request visitation rights. The daughter in-law would have to be alive and not have her parental rights terminated. The grandparents would have to prove to the Court by a preponderance of the evidence (more probable than not) that the denial of visitation would significantly impair the children’s’ physical health or emotional well-being. If the grandparents were helping raise the children the grandparents would request some type of visitation for the well-being of the children. These fact situations must be significant because Texas Courts and statutes make it difficult for grandparents to receive any type of visitation or possession if it is not in line with the parents’ wishes.

If you are a grandparent or a mother/father of a child in which the grandparents are attempting to sue you for some type of visitation, it is important to contact a qualified attorney to be informed of your options.

By Nacol Law Firm | Grandparents Rights in Texas
DETAIL

Please contact father’s rights Dallas Attorney Mark Nacol, or father’s rights Dallas Attorney Julian Nacol with the Nacol Law Firm P.C., for legal insight to your rights as a father. Both attorney Mark Nacol, and attorney Julian Nacol , provide counsel in the area of family law including divorce, father’s rights, interstate jurisdiction, child support, child custody, visitation, paternity, parent alienation, modifications, property division, asset division and more. Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization. Our attorneys at The Nacol Law Firm P.C. serve clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Prosper, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.

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