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How is Child Support Enforced in Texas?

During the legal separation or divorce of a relationship that resulted in a child, it is inevitable that the subject of child support will surface. Apart from division of conjugal assets, child support and custody is one of the most tedious, grueling and complicated parts of the separation process.

Office of the Attorney General (OAG)

In the state of Texas, the Office of the Attorney General (OAG) is the official child support enforcement agency. The OAG provides services to parents or legal guardians who wish to obtain child support payments. The OAG offers a variety of services, which include establishing paternity, locating an absentee or missing parent, calculating child support pay, enforcing child support orders as well as distributing child support payments. These OAG’s services are commissioned and funded by the Texas government.

While the OAG manages much of the details and offers valuable assistance to clients, much responsibility remains in the hands of the claimant. These duties include completing all necessary documents needed for the filing of child support, appearing at court hearings on time and ensure that all personal information given to the court remains up to date. The OAG will also, to the best of its abilities, ensure that all the information given to them by the claimant remains both confidential and secure. This includes personal details such as phone numbers, home address and workplace. Client services are assured to be timely, professional and accurate. If the OAG fails to meet expectations, the claimant has the right to file a written complaint and submit an inquiry regarding their respective case.

OAG Limitations

As always, there are limitations as to when the OAG can be of assistance to a parent. For instance, they cannot guarantee that every case will be resolved, nor the time frame in which one can expect a response. The OAG actions and handling of a case are largely based on the thoroughness of the information and details provided. The easier you make it on them, the easier they will make it on you. Additionally, the support of the OAG cannot be utilized in any matters other than child support including divorce, child custody and visitation issues. In these instances, seek help from a Houston divorce lawyer or child custody lawyer.

Notifications

Once the OAG starts handling a case, a notice of a child support court hearing will be sent to the involved party informing them of the details, such as the time, date and location of the court hearing. Failure to attend court proceedings would result in a negative backlash, as court appearances are of the utmost importance.

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Why New Parents Need Wills

Why do new parents need wills?

For one thing, with a child, without a trust within the will, if either parent dies and leaves property to a child, a guardian will have to file a report with the court every year until the child reaches 18.

Second, the new parents need to communicate through their estate planning how they want their property distributed.

Third, if both parents die, their wills can state whom they want to raise their children.

Fourth, if the parents want their estate to be confidential, then they need a revocable living trust.

Finally, if together their joint estates are valued at $1 million total, then they either need a marital deduction clause or a life insurance trust. That is because as of Jan. 1, 2011, all estates > $1 mil. are subject to the estate tax. The cost and time to file reports every year is high, and estate taxes are very high – as high as 55 percent.

Hiller Law is a full service family and estate planning firm, and we want to be sure all couples are given the best opportunity to succeed financially in their marriage.

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Conference Mediation-A Better Alternative to Traditional Divorce Litigation

Typical Divorce Scenario. Constant fighting, blaming, poor communication, and distrust during a marriage will most often lead to more of the same behavior once a couple has decided to dissolve it.  Unfortunately, the consequences of continuing this behavior throughout the divorce process can be dramatic, including protracted litigation, escalating costs, increased stress and significant damage to the emotional well-being of any children involved.  But it does not have to be this way!  It’s no longer necessary to follow the traditional path of litigation in order to work out the terms of the divorce.  Today many couples are turning to mediation to resolve their disputes and negotiate the terms of their divorce.

What is Mediation?  In general terms, mediation is a voluntary, non-adversarial process involving a trained, impartial third party who facilitates communication between the couple concerning matters in dispute and creatively explores possible solutions to help promote reconciliation, understanding and settlement.  “Settlement” is not the only goal of mediation; it is about helping the parties negotiate a workable way of living apart. Mediators help parties understand each other’s’ perspectives and discuss options for settling various issues surrounding the divorce, i.e., child custody arrangements, child support payments, asset distribution, etc.  The mediator does not decide who is right or wrong and will not force a couple into making any decisions or accepting a settlement.  Instead, the mediator will work with the couple to facilitate open communication and compromise between the parties, so that a couple may ultimately reach an agreement without having to go to court.

Conference Mediation vs. Caucus Mediation.  In conference mediation, the mediator will work with the couple from start to finish to discover all information necessary for resolving their disputes.   Generally, the mediator first meets with both parties together in one room for an orientation session, during which the parties will discuss their immediate and most urgent concerns with the mediator.  The conference mediator will only meet with each party separately for short, two-hour sessions, as opposed to full or all day sessions.  The parties’ lawyers usually are not involved, but both parties can agree to include them, and may confer with their attorney as needed.  After the initial orientation session, the mediator and the parties will gather and assemble information, prepare inventories, and discuss children’s issues.  Next, during the negotiation sessions, most parties will resolve their child custody and property issues.  The final step, and ultimate goal here, is agreement creation.

As opposed to conference mediation, caucus mediation is more or less just a settlement conference designed to settle disputes before going to court.  It almost always involves the parties in separate rooms, each with their respective lawyer, with the mediator alternating between rooms. Parties usually go to caucus mediation after they’ve assembled all the relevant information with their lawyers and are otherwise ready for court.  Here the mediator may help the parties generate different option, but most likely will employ the methods used in court to effectuate a settlement between the parties.

Results of Mediation.  Where the parties are able to reach an agreement through mediation, the mediator will write up the resultant agreement.  A key feature of Hiller Law’s conference mediation is creation of an irrevocable agreement that is as close to a decree as possible, leaving little to no work for a lawyer.  The parties may then present this agreement to their respective the attorneys for review, sign, and then submit to the court for its approval. The resultant settlement agreements generally work better because the parties worked cooperatively to arrive at the arrangement, as opposed to passively negotiating the terms through attorneys and judges who don’t know the family.  Alternatively, if the dispute cannot be settled in mediation or otherwise is necessary, the case may still go onto hearings, trial, or to another settlement process.  However, 80% of meditations result in an agreement, even where prior settlement attempts had been unsuccessful, so conference mediation may be one of the better methods for dissolution of your marriage.

Additional Advantages of Mediation.  First off, mediation is usually less costly than a comparable adversarial divorce, and may be reached much faster. In addition to avoiding protracted litigation, mediation actually supports the family structure.  It encourages cooperation and trust among the divorcing parties and their children by diminishing the conflict between the spouses during and after meditation. More specifically, mediation enables parents to make decisions based on what’s in the best interest of their children, as well as express their own feelings associated with ending the marriage, thereby benefiting both them and their children. Finally, agreements reached through mediation may provide for “extras” not usually provided by court orders, such as agreements for college tuition and post-high-school support for children.

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A Parallel Parenting Plan May Work For You

We know that many parents struggle with figuring out the best way to co-parent after their divorce has been finalized.  The Eighth Circuit in Florida has implemented what they call “parallel parenting plans” in situations where the parents do not get along, are highly reactive to each other, feel extremely uncomfortable in each other’s presence, have an order of protection, or cannot cooperate in one or more major areas of parenting.  If the parents do not get along, feel uncomfortable in each other’s presence, prefer not to deal with each other or, more seriously, have an order of protection in place, then it appears to be in the child’s best interest for the parents to develop a parenting plan that eliminates the opportunities to interact and have conflict with each other.  When parents separate, the greatest predictor of a child’s emotional well-being is the level of conflict between the parents, and those exposed to a high level have the poorest prognosis. Every child has the right to a meaningful relationship with both parents and each parent has a right to such without interference from the other parent; and every child has the right not be get caught in the middle of parental conflict.  Thus, the rationale behind a parallel parenting plan arrangement is fully aligned with doing what is the in best interest of the child.

So how does a parallel parenting plan work?  Everything should be spelled out in the parenting plan, which needs to be extremely specific about who will do what and by when for each exchange of the children.   Meetings need to be public and formal, scheduled by appointment at a mutually convenient time, and last no more than 30 minutes.  The schedule should be written down in detail and put on a calendar, with no assumption of flexibility, so that nothing is left open to interpretation because loopholes breed conflict.  Parents will disengage and have little to no interactions with each other. There needs to be a wall up between your parenting relationship and the rest of your personal life and nothing personal should be shared with the other parent.  Parents will work independently for the best interest of their child and each parent’s household will function independently-don’t tell the other parent how to parent!   Each parent is responsible for making decisions about the child during the time that the child is in their household, and each parents bears the responsibility for getting information about the child themselves.  Major decisions, such as those regarding health and education, are communicated rather than discussed by the parent who has the authority to make the decision.  Parents should avoid face-to-face communication whenever possible and instead use non-direct communication such as e-mail, a parenting notebook, or a pre-appointed third party, NEVER the child, when they do need to communicate with each other.  In the event that any deviation or change from the agreed-upon plan or order is requested, negotiations will take place with the assistance of a pre-determined neutral, or arbitration if necessary to decide parenting issues that are not specified in the parenting plan.

In many cases, with parallel parenting in place, the passage of time allows the dust to settle between parents, to the point where parents achieve cooperative parenting from a place of initial disengagement. When parents successfully parent within a parallel parenting arrangement, and maintain their end of the parenting agreement, trust is gradually restored and parents put aside their hostilities. At that point a more collaborative and cooperative parenting regime becomes established. Parallel parenting thus provides a foundation for cooperative parenting, as parents move from a place of disengagement toward more direct communication and negotiation.

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10 Issues That Will Make Your Divorce More Expensive

Complex or large financial assets – A divorce involving complex, unusual, or large amounts of financial assets typically requires financial experts to value the financial assets and a fair amount of negotiation to reach a settlement over how to divide the assets; may also require tax professionals.

Intense hostility or disagreement over child custody issues – Possible costs associated with an intense battle over the children include: attorney ad litum, guardian ad litum, or amicus attorney appointed on behalf of the children; home studies, therapists, counselors, or other professional services related to well-being of the children; additional attorney’s fees on both sides.

An overly aggressive lawyer – Spending extra money on an “aggressive”, “bulldog” of an attorney to punish your spouse in court is admittedly a tactic that may sometimes work.  However, more frequently it just results in additional discord between the parties that only drives them further apart from reaching a reasonable agreement to end the marriage.

One or both parties insists on being difficult and doing everything the hard way – Unfortunately, a judge cannot require a party to be polite, reasonable, or fair; nor can the judge force a settlement between the parties.  Sometimes people just want to turn the divorce into a fight, or simply refuse to use compromise, but responding with hostility will most likely only aggravate the situation.

Misunderstanding the role of the family court – The court is not there to punish one party or the other, or to declare one party a winner and one a loser, nor is it a place for you to air out your grievances.  The role of the family court is to make difficult decisions about child custody and property division.

Picking fights that are more expensive than the value of the property – While some personal property certainly carries a value that exceeds its market value, such as family heirlooms and photos, sometimes people will fight over some old junk in a box in the garage for the simple fact that it’s an opportunity to bring up an old argument.

Addressing a child with special needs – There may be a need for additional child support to cover medical expenses, educational programs etc. It usually takes a good deal of time to craft a workable plan to make sure the child is cared for, and overcome any resistance by the parent who will have to pay a larger amount of child support.

Refusal to cooperate with mandatory information exchanges – A party’s refusal to comply with discovery requests can delay discovery and may require additional attorney’s fees.   You may also have to hire an investigator or expert if the other party tries to hide something. Additionally, the judge may also consider such conduct when dividing property and allocating parental rights in the divorce.

Believing that drawing out the divorce will lead to fixing the marriage –  In most cases, dragging out the divorce typically means refusing any settlements, which in turn forces the other side to pursue litigation as a way to conclude the divorce, thus costing both sides more money, and more hostility and frustration.

Believing that having your day in court is most important – Many people believe that they should have their day in court to tell their side of the story with hopes that the judge will declare them a better spouse and give them a landslide.

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Divorce vs. Separation

If a married couple decides to call it quits and, thus, end the marriage, a divorce is almost always the initial inclination. However, some Houston divorce attorneys may advise against quickly jumping into a divorce for a number of reasons, one of which is the immense financial liability.

How is legal separation different from divorce? What are their common grounds?

Legal separation is a feasible option for married couples that desire to live apart but refrain from severing the legal title/bind of the marriage. In other words, it allows for the couple to continue referring to each other as their spouse. In a case when the couple lives apart from each other, a court order is initiated that defines each spouse’s rights and responsibilities as a legally separated, married couple. Additionally, or inclusively, a legal separation agreement must be drafted to address an array of issues. These issues can range from child custody and visitation, to alimony and spousal support; it can also outline the agreed upon division of the assets, debts and liabilities of the married couple.

It is common for one to question the logic behind opting for legal separation instead of divorce, when they are seemingly so similar. This challenge is not without valid grounds. The main argument revolves around the several advantages that are associated with filing for legal separation that are not present with completely dissolving a marriage.

Assets remain marital

In a legal separation, the properties and assets of the couple remain under the ownership of both parties unless otherwise stated in the agreement. Being the case, both parties maintain the legal rights over the assets, further eliminating the possibility of a deceptive scheme.

Health insurance benefits

Divorce puts and end not only to the legitimacy of a marriage, but also terminates the physical, emotional and financial connections and bonds between the spouses. This includes the termination of health insurance plans of the non-employee spouse, something that can be problematic since in many cases, one of the reasons of staying unhappily married instead of filing a divorce is to be able to retain medical insurance benefits. Legal separation provides a practical solution for these couples. This way, all the medical benefits remain available for the non-employee spouse.

Social security benefits

If a recently married couple decides that marriage is not the right choice for them a legal separation agreement may be in order. The drafting of such a document enables the couple to move on with their lives separately while waiting for their marriage to hit the 10-year mark. This is important as marriages that last less than 10 years are ineligible for social security spousal advantages and benefits.

Tax

Married couples usually get the benefit of tax shields or exemptions. Such couples typically have fewer taxes due. However, once a marriage is dissolved through divorce, their status becomes ‘single’ and most likely will incur higher tax dues.

Possible reconciliation

Legal separation allows a couple to spend time apart and the possibility to contemplate their various options, one of which may be divorce. It is not uncommon for divorce settlements to sometimes result in regrets for both parties. Separation, in contrast to a (permanent) divorce, allows the spouses an ample amount of time to reflect on their possible courses of actions. It is even possible that a legal separation leads to reconciliation.

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How a Collaborative Divorce Can be Positive

Is your divorce a mutual decision between you and your partner? Do you want to avoid a battle in court? Consider reaching out to a Houston divorce lawyer to learn about the specifics of a collaborative divorce.

In a collaborative divorce, each party still retains their own representation, but instead of heading to a courtroom and having a judge make the decisions, both parties have more control and can create a customized divorce settlement. The collaborative course of actions is unique from litigation and mediation in that it offers a structured process to follow as both sides work toward resolution. Instead of bargaining and coercion, which are unfortunate tactics that sometimes arise during tough divorces, this path better protects your true interests.

A team of experts who are trained to deal with issues such as finances and children will assist throughout the process while creating win-win solutions. In a well-negotiated collaboration divorce, emotional issues are shared and heard which usually leads to a settlement with less anger at the end.

A collaborative divorce often removes traumatic and negative impacts that separation can inflict on children. It can actually be a positive beginning to your new life of co-parenting since this approach offers an opportunity to develop a creative solution that works for your family, instead of signing-off on a declaration from a third party.

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Mediation for Prenuptial Agreements

Consider this: you’re planning to get married. You’ve probably picked a date, found a venue, selected invitations and registered for gifts. While you’ve most likely discussed these details with your fiancé, have you discussed a prenuptial agreement?

Prenuptial agreements are not simply for the wealthy; they are a wise investment into your future since 40 to 50 percent of first marriages end in divorce. If this is your second or third marriage, that percentage is even higher.

You may be thinking that weddings are romantic and joyful, and the idea of creating a prenuptial agreement is anything but romantic. If you approach the prenuptial arrangement from a point of respect toward your future partner rather than by coercion or distrust, it will serve as an effective tool in protecting your future self and in protecting your relationship with one another.

At Hiller Law, we recommend a mediation prenuptial agreement. In other words, approach the arrangement together, as a couple. Use it as an opportunity to work as allies instead of adversaries. Seek out a Houston family law attorney who is a trained mediator. Share your intentions and expectations. You’ll discuss various aspects as a team but with confidentiality regarding your financial situation, concerns and goals. From this common ground the mediator will draft an agreement.

After meeting with the mediator, each of you should hire your own lawyer to advise throughout the review of the prenuptial agreement and for consultations for future revisions or further negotiations. Once you and your fiancé are both satisfied with the arrangement you may sign the agreement.

Since you and your fiancé are personally creating this document, it can take several months to reach the end result you both envision. It is a process that will lead to discussions that will be beneficial for your relationship and can even lead to a more contented marriage as you both feel secure in your contributions.

Approaching a mediated prenuptial agreement should be anything but scary. It should not be adversarial as it can create the right tone for you to begin your happily ever after.

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Social Media and Divorce

Social media is often blamed for leading to discontentment within personal lives. Perhaps it’s because we rarely choose to publicize our everyday trials and instead highlight, perhaps even exaggerate, the more positive events. In fact, studies have examined marriage satisfaction and social media usage, and not surprisingly, there is a connection. But what is even more serious to consider is how you use your social media while going through a divorce.

Whether it’s Facebook, Twitter, Instagram or even a professional site like LinkedIn, it’s important to remember that all your friends, followers and connections aren’t necessarily real friends or even allies. It’s second nature to post and share about recent purchases, upcoming trips and job promotions, but take caution while doing so during divorce proceedings unless you are also disclosing this information to your lawyer and the court.

Even if you’ve blocked or unfriended your ex-spouse, there’s always a way for them to see that information. Perhaps a mutual friend is still in contact divulges the details. Or a family member provides their log-in information for a quick look. Social media can become evidence. This infographic visualizes just what we mean.

You’ve heard people say to not to write anything down that you wouldn’t sign and hand to your enemy. I think that advice applies here; don’t post anything to social networking sites that you wouldn’t want a judge to see. Consider how you represent yourself online, and even better; consider going inactive during your divorce proceedings.

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Marital Mediation: A Divorce Alternative

Until recently, there were very few options for couples who wanted a divorce alternative to save their marriage.

These couples may have communication problems and conflicts, especially over finances and children. Marriage and family therapists can help with many issues, but their skills and expertise usually don’t include finances and law. The development of marital mediation brings good news to these couples and their children. Hiller Law has offered marital mediation for several years through its Reconciliation Law, Collaborative Law and mediation program. We are now able to expand this program due to the availability of MaritalMediation.com.

If you are a couple experiencing conflict over finances or children, marital mediation may be right for you. A marital mediator can help you resolve these conflicts, resulting in a post-nuptial agreement by which you can move forward successfully with your marriage and parenting. Contact us at 713-784-9500 or mhiller@hillerlaw.com.

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Michael A. Hiller of Hiller Law Firm Recognized By The National Association of Distinguished Counsel

Michael A. Hiller of Hiller Law Firm has been selected as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate. Click link to read more: http://www.hillerlaw.com/2015/03/michael-a-hiller-of-hiller-law-firm-recognized-by-the-national-association-of-distinguished-counsel/

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Defense of False Accusations

Many times, as horrible as it may seem, a spouse will make up an untrue but terrible accusation against the other spouse. Is your spouse making false accusations of you as part of your Houston divorce case? We are here and ready to help you. Our record speaks for itself. Click on the following like to read more: http://www.hillerlaw.com/practice_area/defense-of-false-accusations/

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A Guide to Divorce for Doctors

You’ve made it through pre-med college, medical school, residency, boards and practice in a public or private office. You’ve given up many social opportunities and survived each hurdle thrown your way. Now suddenly, you find that your spouse has filed for divorce.

You’re not alone; divorce rates among physicians are reported to be 10 to 20 percent higher than the general public. While divorce can be stressful for anyone, being a doctor can have unique circumstances. Fortunately, our team at Hiller Law has spent a lot of time working with professionals in this industry, and we’ve compiled a guide to divorce for doctors that will better prepare you for the road ahead. 

Read more at: http://www.hillerlaw.com/2015/02/guide-to-divorce-for-doctors/

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Understanding Child Support

When children are involved during a divorce, your case will likely discuss and settle responsibilities related to child support in order to balance the effects of children living with one parent.

Parent is a legal term and can refer to:

The mother

The presumed father

A man legally determined to be the biological father

A man who signed an Acknowledgement of Paternity

An adoptive mother

An adoptive father

If you are not the parent with primary custody, you will provide child support as the obligor. 

Read more at: http://www.hillerlaw.com/2015/02/understanding-child-support/

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Do Child Support Payments Last Forever?

When marriages don’t work the way they were intended to, the parties often file for divorce or legal separation as an attempt to move on to a happier place in regards to their respective lives. Their children, however, are vulnerable to entanglement within the sometimes-nasty process. When a child is involved, child custody andchild support issues are nearly inevitable. Hiller Law knows that both divorce and child custody cases may take years to settle, and the length of ordered child support payments are rarely any shorter. Read more about child support here.

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The Four Sides of Divorce

Divorce sounds like a single event, but in actuality, it should really be thought of in a plural sense. While this doesn’t mean that you are going through the divorce process with more than one person at a time, this event probably affects four different facets of your life. Think of your divorce from four perspectives: legal, financial, social and emotional. Read more about divorce here.