Temporary Spousal Maintenance in Texas
In any Divorce case a father or husband should expect two attacks right out of the door. First, is paying for child support because most District Judges in Dallas, Tarrant, and Collin counties do not look favourably on 50/50 custody during temporary orders. Second, is paying temporary spousal maintenance to the wife.
Temporary spousal maintenance is essentially money that the Court forces a husband to pay his wife during the pendency of the divorce. Unfortunately, the District Judge has broad discretion in awarding the amount and duration of the temporary spousal maintenance. The temporary spousal maintenance is awarded based on considerations of both the degree to which the Spouse is destitute of means to pay for her necessities during the pendency of the suit and the ability of the Husband to pay.
Essentially, these considerations are determined by the Judge and if the Spouse has no job or means to support herself then, the Husband should expect a large percentage of his paycheck to go to the Spouse for the duration of the case. In many cases, if the Ex-Wife has the means to support herself, the Court will still award her spousal maintenance to some extent. The amount that the Court fixes as temporary spousal maintenance is likely permanent until the conclusion of the case and only appealable on mandamus. Usually, the appeal will cost more than paying the Spouse. Unfortunately, the Court uses temporary spousal maintenance to help settle cases by forcing the Husband to support both individuals of the party.
If you are seeking a divorce and have a job that provides well for your family, prepare to be attacked for child support and temporary spousal maintenance for the duration of the case. To mitigate the temporary spousal maintenance amount and seek 50/50 custody with your children, find an experienced attorney that can prepare you for the temporary orders. Temporary spousal maintenance is a tool the Court uses to equalize the estate and force a compromise. Divorce is a painful process and temporary spousal maintenance makes the process even more painful, but regrettably the burden primarily falls upon the Husband’s neck.
Julian Nacol
Nacol Law Firm PC
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:
- Determine when the trust was created;
- Determine if the trust is revocable trust or irrevocable trust ;
- Determine who the beneficiary of the trust is;
- Determine who the trustee of the trust is;
- Determine who the settlor of the trust is;
- Determine the type of property or money that is placed within the trust; and
- 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.
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.
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.
Termination of Parental Rights Limitations in Texas
There are times in life when unintentional pregnancy occurs in the context of fatherhood. There are times when an individual believes he is a father but in the distant future discovers that he is not the genetic father of the child. If a divorce results from this union the man that is not the genetic father of a child may not wish to pay child support for this child for up to 18 years. In these circumstances, a man may wish to terminate his parental responsibilities to the child to avoid paying child support on the child that is not his generically.
Under the Texas Family Code 161.005, a father may terminate his parental rights to a child if (1) he is not the genetic father and (2) a signed acknowledgment of paternity or the father failing to contest parentage of a child was due to a mistaken belief that the man was the genetic father of the child based on misrepresentations that led him to that conclusion.
Basically, the man must not be the genetic father and he must have been deceived by misrepresentations made by the mother or other family members in order to successfully prevail in a termination suit. The man wishing termination must file the suit within two years from first becoming aware that he is not in fact the genetic father of the Child. The importance of this two year limitation is that that it begins when “the man first becomes aware that he is not the genetic father of the child”. This means that a man may be adjudicated and considered the father for ten years but after he discovers or becomes aware that he is not the genetic father of the child he will have an additional two years to file suit and terminate his parental rights.
There are certain limitations under Family Code 161.005 that will not allow a man to terminate the legal relationship. These are:
- The man is an adoptive father;
- The child was conceived by assisted reproduction and the man consented to assisted reproduction by his wife under subchapter H, Chapter 160, or
- The man is the intended father of the child under a gestational agreement validated by a court under subchapter I, Chapter 160.
These three areas of adoption, assisted reproduction, and signing of a gestational agreement will prohibit a man from terminating his parental right or attempting to release himself from the responsibility of being a father, which includes child support.
In most instances a man will bring a termination of parental right because he has been misled into believing that the child is his when in actually the man is not genetically related to the child at all. The parental termination will end child support for minor children that are not genetically related.
A parental termination suit should not be filed before careful thought since it will terminate any rights the man has to the child and most importantly the man will relinquish his right for visitation access and decision making. If you are desiring to terminate the parental rights of a child you should contact an experienced lawyer to ensure that you qualify and that the suit proceeds as smoothly as possible allowing the court to make a ruling that favors your termination.