On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Friday, February 17, 2012
In Texas and elsewhere, a non-custodial parent's failure to pay child support may lead to serious ramifications. These payments are necessary for the well-being and economic livelihood of the child, and so the state may choose to press criminal charges against those who fail to pay their required child support payments. Likewise, custodial parents may also pursue non-paying, non-custodial parents, and they have a variety of means to do so at their disposal.
Reportedly, the federal government has created a program to help custodial parents and state authorities with tracking down those parents who fail to pay child support. The program, called "Project Save Our Children," was initiated by the Department of Health and Human Services to target those parents with back-due payments of more than $5,000. One of the program's highlights is the creation of a website that will list the names of these parents.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, February 8, 2012
Plummeting housing prices have been in the news for years in Texas and elsewhere. Some markets crashed earlier and deeper, but the depressed housing market has affected almost every state. As a result, many homeowners now owe more money than their homes are worth. Divorce is often complex, and this new trend is making property division even more complicated in many places.
Unfortunately, many homeowners may not be able to pay off their mortgage, and no one knows exactly how many homeowners are in this position. However, some of these homeowners want to divorce, making the situation vastly more complicated.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, February 1, 2012
A Texas police officer has been placed on leave pending the results of an administrative investigation as well as a criminal probe. A staff attorney with the Houston Police Officer's Union has confirmed the inquiries concern allegations of bigamy. The 34-year-old homicide investigator was married in Texas for less than a year, yet it appears he remarried in another state less than a month after his now ex-wife filed for divorce. Although it is clear the divorce was filed, it is not clear whether it was finalized before he remarried.
Court documents show the man was married to a 24-year-old Houston woman for less than a year. She filed for divorce on May 25, after the two separated less than two weeks earlier. She purportedly soon discovered that he was living with another woman in another location. It was later discovered that he married another woman on June 17. His current wife could not be reached for comment, and the Houston Police Department has not commented because the matter is still under investigation.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, January 27, 2012
In our last post we discussed the fact that alimony is one of the most contentious issues that can arise in a divorce. Although alimony is often relegated to high net worth divorces or divorces involving longstanding marriages, a much more common issue to arise in many divorces is the issue of child custody. Children are often caught in the middle during a divorce and become a "pawn" for warring spouses to injure each other. That is why it is important to hire a divorce attorney who can provide compassionate support for your child custody issues to avoid any unnecessary emotional harm for the children.
Child custody will likely be an issue in the high profile pending divorce of model Heidi Klum and singer Seal. The couple has been together for around eight years and has three children together. It is unclear who will obtain custody of the couple's three children because Seal is rumored to have an explosive temper and Heidi's TV-show hosting career spans the globe. Despite spending much of her time in California, the former model currently hosts Germany's Next Top Model and Project Runway, which is filmed in New York.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, January 19, 2012
Alimony is one of the most misunderstood elements of Texas divorce law. Under the Texas Family Code, alimony is generally only available in marriages that are at least a decade long and a spouse seeking alimony must be generally unemployable due to lack of job skills, disability, or the need to care for a disabled child. Additionally, a finding must be made that there are inadequate martial assets that could provide the minimum financial support for the spouse requesting alimony.
An experienced Texas divorce attorney can help spouses seeking alimony obtain the compensation that they are entitled to. Obtaining alimony may become increasing difficult for people across the country as many states are beginning to revise their alimony laws. In Texas, the amount of alimony is generally limited to a three year period, but other states allow for more easily extended alimony arrangements which some say are unfair.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, January 13, 2012
One of the most recent celebrity divorces which may involve a complicated property division process is that of Zooey Deschanel and Ben Gibbard. Zooey Deschanel is the front woman of the indie pop band She & Him as well as a Golden Globe nominated actress that stars in the TV series New Girl. Ben Gibbard is the front man of the platinum-selling alternative rock band Death Cab for Cutie. Zooey filed for divorce on Dec. 27 citing irreconcilable differences.
Last week we discussed the divorce of Katy Perry and Russell Brand. Although celebrity divorces are relatively common, there are many things that Dallas residents can learn from celebrity divorces including the challenges or property division if a couple decides not to have a prenuptial agreement. An experienced Dallas divorce attorney can help local couples through the property division process and assess the value of a couple's marital estate.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, January 4, 2012
Pop music fans in Dallas and around the world were shocked to hear about the divorce of Katy Perry and Russell Brand. What shocked many legal professionals are the current reports that the pop singer failed to sign a prenuptial agreement.
A prenuptial agreement, also called a premarital agreement is like a business contract between soon-to-be spouses which outlines each spouse's responsibilities and obligations in the event of a divorce. Although most of us view marriage as a life-long commitment, there are situations which lead to a divorce and it is important to protect the interests of you and your spouse in the event of a divorce or marriage dissolution. Prenuptial agreements are also important in the context of second marriages when there are children from a prior marriage.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, December 28, 2011
When a divorce seems inevitable, many people cringe at the idea that their divorce could take months or years to complete, and they might have to wait for a court date to have a judge decide who gets what. Luckily, if you have a respectful relationship with your future ex-spouse, there is an alternative to getting a traditional divorce, where the two of you hash out the details using mediation, instead of having a judge use a sometimes standardized model for dividing assets.
This process entails sitting down across from your spouse and discussing the past lifestyle the two of you lived, and how you can fairly divide assets so the two of you live relatively equal lifestyles going forward. The mediator is a person who will act as a third party, voicing the needs and concerns of each partner, in hopes an agreement can be reached.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Monday, December 19, 2011
It may come as no surprise that child support payments sometimes don't get paid to those who it is owed. However, many people may not realize that actually less than half of the parents who are owed child support see the full payment. Some people receive a portion, and some receive nothing at all.
According to Forbes, men are the most frequent child support violators. However, options do exist for both parents to try to gain the payments they haven't received. The federal government mandated through the Social Security Act of 1975 that all states have an Office of Child Support Enforcement. Through these departments, parents can request action be taken to recover owed child support. Many times, unpaid child support is viewed as unpaid debt, which must be paid to the parent who it is owed.
On behalf of Loughmiller Higgins, Attorneys at Law posted in Grandparents' Rights on Monday, December 12, 2011
When young couples in Texas and across the country decide to have children, they often look to their own parents for guidance on how to raise their newborns. Grandparents often have years of experience and wisdom to pass down to a new generation in their family. The bond between grandparent and grandchild is one of utmost importance. This bond is one that will teach the child valuable lessons he or she can use throughout life.
Unfortunately, some parents want their children's grandparents at more of a distance. What rights should grandparents have to be a part of their grandchildren's lives? Should grandparents have visitation rights? That is the question the U.S. Supreme Court might consider this winter.
