New Texas Family Laws – Effective September 1, 2015
Now that the Texas Legislature has ended, we will review some of the bills passed that will affect our Family Law Cases.
S.B. 814 Waivers of Citations in Certain Family Law Suits
Currently, the state of Texas allows for a parties involved in a divorce to waive service. Loosely translated, that means that the person named in the divorce suit can sign a paper which proactively tells the relevant court that they are officially aware their spouse is filing for divorce. This waiver means they don’t have to physically be served with the divorce papers by their spouse or a process server, potentially saving everyone involved a bit of time, money, and maybe some emotional pain
S.B. 814 was introduced to further the use of such waivers to apply to other common family law matters.
The waiver should also be used for:
- Suits to remove disability of a minor (commonly referred to as emancipation)
- Suits to change the name of an adult or child
- Any suits relating to a parent-child relationship
The bill passed and will take effect on September 1, 2015.
S.B. 817: Issuance of a protective order and appointment of a managing conservator in certain family law proceedings.
S.B. 817 proposes that the state change the language on applications for protective orders (restraining orders, etc.) by switching the word “victim” with the phrase “applicant for a protective order.” Specifically, this change is meant to help those people who are applying for the protective order on behalf of the actual victim of the abuse or violence.
Some judges are currently reluctant to sign orders which list the applicant as a “victim” because doing so indirectly endorses the allegations of abuse as being true without a trial. With the label change, it removes that concern and will enable judges to issue more orders to protect those in need.
The bill passed virtually unopposed, and will take effect on September 1, 2015.
S.B. 314: Appointment of a non-parent as managing conservator of a child.
This law addresses a growing number of complaints by relatives who assume custody of children removed from their parents’ homes by CPS (Child Protective Services). This type of custody is called “permanent managing conservatorship,” or PMC. It is not adoption and does not carry the same legal meaning, but many relatives claim that these differences are not clarified by CPS.
As a result, the bill requires a court awarding custody to specifically explain 3 common misunderstandings to the relatives or non-parents assuming PMC.
- PMC rights are specified by the court, and are not the same as rights associated with adoption
- The parent(s) can still request visitation, and can request to become the managing conservator
- PMC does not qualify nor disqualify the relative or non-parent for/from post-adoption benefits
The bill states that if the non-parent assuming PMC does not appear in court, the court must then have evidence that they were advised of this information.
The bill passed without opposition, and will take effect on September 1, 2015.
Taxes 2014 : Who Is Entitled To Use The Tax Exemption on Children After a Divorce?
As we now approach the deadline for filing our 2014 federal income tax return, many divorced parents are asking this question, “Which parent may legally claim their children on their tax return”? This question has become complicated with the rise in fathers’ rights, expansion in non-custodial parents visitation periods, and advance parenting schedules allowing children to spend quality if not equal time with both parents throughout the year.
In the past the Internal Revenue Code provided that the custodial parent was allowed to claim the minor children on his/her federal income tax return. Mom was usually the custodial parent and Dad usually had the children every other weekend.
The Internal Revenue Code states that the parent with whom the child lived with for the greater number of nights during the year is entitled to claim the dependency exemption.
If during or following a divorce in final judgment, the two divorcing parents agree that one parent shall claim the child as a dependent in odd numbered years and the other parent in even numbered years, or if the divorcing parents have more than one child, one parent shall claim some children, while the other parent shall claim the other children, this agreement in your final divorce decree will be honored by the IRS.
If your divorce was final before 2008, just attach the final divorce decree to your tax return. If your divorce was final after 2008, your ex-spouse must fill out IRS form 8332 which provides the name of your children that you can claim on your federal income tax return.
I you are divorced in 2014 and have questions please contact your tax adviser or go to the website http://www.irs.gov/Forms-&-Pubs for more information.
TIS THE SEASON FOR FILING A TEXAS DIVORCE ?
Welcome to January, the Divorce Month of the New Year! After a bad holiday season, many people have made the decision to file for divorce. The most popular months for filing divorce in the United States occur in January through March.
Going through a Divorce is painful no matter what the circumstances. When you decide to start the Texas Divorce Process, make sure you are financially prepared. Financial planning helps you in making sound decisions and start to prepare for your post-divorce life.
Below is a list of items you need to gather before counseling with an attorney. Financial Documents are a must to show what your true assets and liabilities are in the marriage.
Financial Documents needed when preparing for a Texas divorce:
- Tax Returns (at least three years) or Tax Liens and all IRS related documents
- Wills and Trusts with all attachments reflecting corpus and trust holdings
- Listing of all liabilities (including mortgages, credit card debt, personal loans, automobile loans, etc.):
-Name of entity, address and telephone number
-Account number
-Amount owed
-Monthly payment
-Property securing payment (if any)
-Most current statements and account status of lenders - A Listing of all Real Property, address and location, including (includes time-shares and vacation properties):
-Deeds of Trust
-Notes including equity loans and second liens
-Legal Descriptions
-Mortgage Companies and Loan Servicers (Name, Address, Telephone Number, Account Number, Balance of Note, Monthly Payments)
-Current fair market value
-Appraisals - Motor Vehicles (including mobile homes, boats, trailers, motorcycles, recreational vehicles; exclude company owned):
-Year
-Make
-Model
-Value
-Name on title
-VIN Number
-Fair Market Value
-Name of creditor (if any), address and telephone
-Persons listed on debt
-Account number
-Balance of any loan and monthly payment
-Net Equity in vehicle - 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):
-Name of institution, address and telephone number
-Amount in institution on date of marriage
-Amount in institution currently
-Account Number
-Names on Account
-Company loans and documents related to benefits - A listing of separate property (property owned prior to marriage, family heirlooms, property gifted, inherited property):
-Records that trace your separate property. These assets will remain yours if properly documented - Retirement Benefits:
-Exact name of plan
-Address of plan administrator
-Employer
-Employee
-Starting date of contributions
-Amount currently in account
-Balance of any loan against plan
-Documents - Publicly traded stock, bonds and other securities (include securities not in a brokerage, mutual fund, or retirement account):
-Number of shares
-Type of securities
-Certificate numbers
-In possession of
-Name of exchange which listed
-Pledged as collateral?
-Date acquired
-Tax basis
-Current market value
-If stock (date option granted, number of shares and value per share)
-Stock options plans and related documents - Insurance and Annuities Policies and Inventory:
-Name of insurance company
-Policy Number
-Insured
-Type of insurance (whole/term/universal)
-Amount of monthly premiums
-Date of Issue
-Face amount
-Cash surrender value
-Current surrender value
-Designated beneficiary
-Other policies and amendments - Closely held business interests:
-Name of business
-Address
-Type of business
-% of ownership
-Number of shares owned if applicable
-Value of shares
-Balance of accounts receivables
-Cash flow reports
-Balance of liabilities
-List of company assets
-Possible hobbies or side businesses that generate income - 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:
-Name of mineral interest
-Type of interest
-County of location
-Legal description
-Name of producer/operator
-Current market value
-needs leases or production documents related to the asset - Money owed by spouse (including any expected federal or state income tax refund but not including receivables connected with any business)
- Household furniture, furnishings and Fixtures
-photos
-purchase documents - Electronics and computers including software and hard drive
- Antiques, artwork and collectibles (including works of art, paintings, tapestry, rugs, crystal, coin or stamp collections) Other large collections need to be appraised! (Guns, quilts, action figures, books)
- Miscellaneous sporting goods and firearms
- Jewelry including appraisals
- Animals and livestock
- Farming equipment
- Club Memberships
- Safe deposit box items
- Burial plots including documents of ownership
- Items in any storage facility
- Travel Awards Benefits (including frequent flyer miles)
Visitation with your children for the 2014 Holidays – Texas Standard Visitation Guidelines
Now is the time to start working on your Holiday 2014 Schedule for visitation with your children during this wonderful time of year! We would suggest that you review your individual order to see if you have specific provisions concerning visitation. Because many families have specific situations that occur during this special time, this visitation time is the most modified area in the Standard Possession Order. The Holiday schedule will always override the Thursday or Weekend schedules.
Here is a reminder of the current Texas Family Law Code’s Standard Possession Order for the 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:
Texas Family Law Code’s Standard Visitation Guidelines for 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;
Texas Family Law Code’s Standard Visitation Guidelines for 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;
Texas Family Law Code’s Standard Visitation Guidelines for 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;
Texas Family Law Code’s Standard Visitation Guidelines for 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;
Texas Family Law Code’s Standard Visitation Guidelines for 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, contact a family law attorney who can help you to make sure nothing happens to affect this special season with your children. ‘Tis the Season To Be Jolly’!
Domestic Violence / Intimate Partner Violence : Identify the Problem and Make it Stop!
Every day in the news on the internet, TV, and newspapers, we read how Domestic / Intimate Partner Violence affects women, men and children lives in very tragic ways. Many professional athletes have been exposed and many celebrities have professed their life changing experiences.
What is Domestic / Intimate Partner Violence ( IPV ) ? It is the willful intimidation, physical and sexual assault & battery or serious mental and verbal abuse perpetrated by one intimate partner against another.
The frequency and severity of domestic violence varies dramatically and may include physical or sexual violence, threats, and emotional abuse. The violence is often accompanied by irrational and controlling behavior and is intended to result in total dominance and control over the other intimate partner or the other family members.
Current Domestic/ Intimate Partner Violence Statistics:
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Every 9 seconds in the US a woman is assaulted or beaten. Everyday more than 3 women are murdered by their intimate partners.
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1 in 4 women will experience domestic/intimate partner violence in her lifetime. Women ages 18 to 24 are the greatest risk of being victims of domestic/intimate partner violence.
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Every year, over 3 million children witness domestic violence in the home.
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Children who live in domestic violence homes suffer high rates of abuse and neglect (30-60%)
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Intimate partner violence accounts for 15% of all violent crime.
The Worse Fact: Most of all Domestic / Intimate Partner Violence Incidents Are Never Reported! These Abusers are getting away with this abuse and can murder their loved ones at any time!
Legally, the abuser may be deterred from continuing this degrading, hurting behavior against his intimate partner and other family members. But these victims need help. Many times, the domestic violence victims are so weak and beaten down mentally and physically that they cannot help themselves.
Look for warning signs of abuse in relatives, friends and neighbors. Remember: if you are a friend, be their friend. Do something to disclose the abuse and danger in their lives! You may save a life!
