Author: Nacol Law Firm P.C.

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”!

 

By Nacol Law Firm P.C. | Social Networking
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Texas’ Law for Mistaken Paternity: Texas SB785

We hear a lot about dead-beat dads, or parents who do not pay their child support obligations. 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 passed a new Paternity law, Texas SB785, effective May 13, 2011, which 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.

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 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.

This 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.

Even if the parent-child relationship is terminated, the man may request the court to order period 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. A man must file the petition to determine genetic parentage no later than the first anniversary of the date on which he becomes aware of facts indicating the he is not the child’s genetic father. Contact an attorney now!

By Nacol Law Firm P.C. | Paternity
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Family Conflicts and the High Conflict Spouse

Recently, we have encountered new “Conflict Laden Participants in Divorce” like Charlie Sheen, Mel Gibson, Alex Baldwin, and their Spouses who have shown us how not to get divorced!

Divorce Courts are full of people like this and they are called “High Conflict People” (HCP’s). Are you glad you are not married to one of these people or are you? HCP’s seem very caring and sincere and it may take months or years before a legal professional can identify this personality disorder.  HCPs may cause enormous emotional pain and excessive financial costs to their spouse and children before this disorder is brought to light. 

Bill Eddy, legal specialist of the High Conflict Institute, has given a list of:

The High Conflict Personality Pattern of HCP Personalities

  1. Rigid and uncompromising, repeating failed strategies
  2. Unable to heal or accept a loss
  3. Negative emotions dominate their thinking
  4. Won’t  reflect on their own behavior
  5. Can’t empathize with others
  6. Preoccupied with blaming others
  7. Won’t accept any responsibility for problems or solutions

HCP’s stay unproductively connected to people through conflict and will continue to create conflict to maintain any sort of relationship, good or bad.  Since HCP’s undermine all relationships, they constantly repeat their same patterns and usually end up divorcing repeated times.  20-30% of all couples getting divorces have at least one HCP spouse.

According to the High Conflict Institute, HCPS are driven by four primary fees:

  1. Fear of being ignored
  2. Fear of being belittled or publicity exposure
  3. Fear of being abandoned
  4. Fear of being dominated, includes fear of losing control over you, the other spouse, their money/assets, or themselves

What can the spouse of an HCP do to help bring the family conflict or divorce to completion?

  1. Tell your attorney what your bottom line is and stay with your decision.
  2. Maximize any leverage you have and stay on the course.
  3. Choose your battles carefully.
  4. Everything must be in writing.
  5. Work on keeping total & consistent emotional detachment from the HCP.

Just remember the HCP feels that since you are no longer together, and since you know too much about him/her, you must be discredited so that no one will think that they are the problem!

You will need to learn some pracetical skills on communication and response to your HCP and also when & how to let your attorney deal with this situation, how to enforce your guidelines, and hopefully, your thoughtful and reserved conduct will result in the best possible outcome.

By Nacol Law Firm P.C. | Filing for a Divorce . High Conflict Divorce
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Sep
30

Texas Child Support Guidelines

Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
Click Here to Read Updated Information

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).
By Nacol Law Firm P.C. | Child Support For Fathers
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STAY AT HOME DADS – A Shift in Trend

If you turn on the television you will see a Mother seeing Dad off to work and then tending to the children and baking some brownies for the upcoming bake sale.  In actuality, such a lifestyle in America rarely reflects the real modern day family.  

The number of stay-at-home dads has increased in popularity and occurrence over the years and is notably on the rise in Texas.  Could a reversal of old traditional roles be on the increase in this recession? Women are less affected by layoffs and have a better legal posture due to Affirmative Action.  Recent studies from the Pew Research Center found a third of all wives earn more than their husbands.  Or, is it simply a honest and legitimate desire for some men who recently became fathers in the past decade to be the primary caregiver?  Whatever the reason is, many men enjoy it, and many current studies are positively supporting this untraditional position.

Researchers and psychologists are finding a father’s role to be as or more influential than that of a mother in the first five years of the child’s development and that fathers play a key role in the “gender” role identification of their children.  Some proclaim that having the dad as the primary caretaker properly prepares children for life lessons.  Mothers reassure their small ones during a frustrating situation, while fathers encourage their little ones to manage the situation.  Statistics have shown that children are smarter with a stay-at-home dad and are less likely to focus on gender issues, such as a “No Boys Allowed” sign outside their bedroom door.  A father’s guidance can promote a greater level of curiosity, greater emotional balance, and a stronger sense of confidence.  The Center for Successful Fathering in Austin, Texas cites that fathers who are an active participant in parenting produce children who makes higher grades, have greater ambition, show fewer anxiety disorders, and enjoy a reduced risk of juvenile delinquency or teen pregnancy.

Mothers are getting a pretty good deal as well.  They have the security in knowing that their babies are being looked after by a loved one.  This relieves stress and worry that occurs while children are in day care.  Apart from the safety and family treatment of their children, mothers know that a strong bond is forming between their little one and dad.  Fathers who work outside the home sometimes have a difficult time connecting with their babies, but that doesn’t appear to hold true for mothers.  Mothers can build bonds despite working outside of the home and not spending as much time with their children.  No one can be 100% sure why this holds true, it just appears to be the case.  Mothers can also find comfort in knowing that the fathers will instill values.  Its one thing knowing your child is being molded by someone else’s values; it’s quite another knowing you are paying top dollar for it.  Fortune Magazine reported that over a third of its “50 Most Powerful Women in Business” had a stay-at-home spouse.

As far as social integration, stay-at-home dads may have an advantage.  For example, at school the “alpha” mom doesn’t feel threaten by a dad taking a leading role in the PTA, nor does a dad feel like he has to compete with the “alpha” mom.  People are more likely to cater to a father when he walks into a store with his children, whereas if the mom walks in with kids she often receives a look like: Please don’t let her children break anything.

What are the disadvantages of dad staying at home?  A father who chooses to stay home and not work may suffer from the employment gap. Future potential employers may think they have lost or reduced their business skills and expertise when trying to reenter the work field.  Alternatively, not all dads who stay home choose not to work. The numbers of stay-at-home dads consist of not only fathers who do not work, but also fathers who work part time or work from their homes.  Another disadvantage may be that the arrangement is simply not financially workable, so the family may struggle with implementing their decision.

The mom stays at home trend has shifted and the growing idea of Stay-At-Home Dads is becoming an accepted reality in today’s world. In the next five years, you may turn on the television and see dad seeing mom off to work and then tending to the children, and possibly even baking some brownies for the upcoming bake sale.

Stay-at- home dads are still fighting old myths and prejudices, but make no mistake: kids are in very good hands with dad.

By Nacol Law Firm P.C. | Stay At Home Dads
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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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