Just ask the 40 parents who were recently arrested for not paying child support. During yet another round-up to find parents who had not been paying their court-ordered child support, the Texas attorney general's office arrested 40 parents after combing through a 12-county area looking for parents who were delinquent. Once located, the individuals were arrested on charges of violating court orders for child support.
]]> Nevertheless, sometimes child support can be very difficult to pay in these tough economic times. For those parents who are struggling to make ends meet, child support obligations can quickly become a daunting task. For parents barely surviving on a meager paycheck, the Attorney General urges the parents to call their office, in which it might be possible to come up with a temporary solution without harming the child. Typically, a petition to modify a child support order is appropriate upon a showing of a substantial change in circumstances.As these round-ups occur and continue to occur, the focus is said to be on giving a child the best possible life under the circumstances. For those parents who deliberately fail to pay their child support, the consequences could land them in jail. For those who can't afford child support, it is recommended that they take legal avenues to reach a compromise so they may be better able to take care of their children and themselves.
Source: CBS DFW, "AG: 40 Parents Arrested For Skipping Child Support Payments," Barbara Schwarz, May 7, 2012
]]>For one, parents should not speak badly about the other parent. Doing so in the child's presence can make children feel like they have to choose between the "good" parent and the "bad" parent. Furthermore, you should not try to win over the children by telling them the particulars of adult matters. Often, this can simply confuse the child and make them feel more anxious about the divorce. Finally, it is important to not fight with your ex while the children are watching.
]]> While there are a lot of things that the parents should not do, there are also a lot of things that the parents can do to help their children through this difficult time. One important thing is to tell the children over and over again that the divorce is not their fault. Though some children know intellectually that they are not the reason for the divorce, they may blame themselves anyway, so this reassurance can be helpful. Furthermore, you should strive to create an atmosphere where the child feels comfortable to be open around both parents, especially during the divorce.While a divorce can be a hard thing for any Texas family to confront, sometimes it is necessary and even beneficial for children in the long-run. After all, though initially it can be hard, a divorce may allow children to be part of a more loving environment. For those involved, it is certainly hoped that the parents will continue to support their children in any endeavors that the child may face.
Source: Huffington Post, "Divorce Questions: How Do I Tell My Kids We're Getting A Divorce?" April 28, 2012
]]>The husbands found each other after the wife purportedly left them in a similar state: financially ruined. Their shared wife, a 31-year-old woman, apparently came into their lives several years ago. After meeting her, each married her, presumably thinking that love was here to stay. However, within a couple of months, the wife left and allegedly moved on to another husband. After finding several other men just like them, the men came forward and reported her to the police.
]]> An investigation is currently underway to determine whether the woman applied for a divorce or annulment for any of the marriages. However, one of her husbands seriously doubts it and claims that she is a scam artist. Though he admits that he loved her while they were together, after she allegedly put him $20,000 in debt, stole most of what he owned, totaled his car and then subsequently abandoned him after he became homeless, his current feelings are understandably strained.In Texas, a bigamy charge is a very serious felony charge that can lead to strict penalties. While no charges have been made yet, it may be that police will issue one formally after their investigation. Whether or not the woman is a scam artist remains to be seen and will have to await the results of an investigation by the Gregg County district attorney.
For those who are married and wish to start over again, a formal divorce is first required before the law permits another marriage. While there may be people looking to skirt the issue, for whatever reason, those who no longer want to share their life with their spouse would be well served by handling the matter within the bounds of the law.
Source: KLTV, "Man says wife married to 3 other men simultaneously," Bob Hallmark, April 26, 2012
]]>The Salahis first gained notoriety in November 2009 when they snuck into a state dinner. Michaele separated from Tareq in September 2011 and has been dating a guitarist from the rock band Journey ever since. Although Michaele filed divorce papers in December, several financial issues have become the basis of a bitter legal battle between the two spouses.
]]> Financial records showed that Tareq borrowed $506,400 in July 2006 for a 30-year mortgage on a home that is currently said to have an estimated value of $392,300. Furthermore, Tareq apparently traveled to Europe, Cancun, Central America, Beverley Hills, California and New York City after the two separated. Tareq has demanded that Michaele contribute to the mortgage and other debts -- something she has refused to do.This couple's situation shows that sometimes divorce is not an easy process. As many Texas residents know, when spouses feel bitter toward each other, the issues can be more difficult to resolve. However, a reasonable settlement may depend upon open communication and cooperation. And if that is not possible, a court can step in. It will be interesting to see how the Salahis resolve their pending divorce.
Source: NV Daily, "Michaele Salahi wins key court battle against husband," Joe Beck, April 17, 2012
]]>In many Texas divorces, an arrangement for child custody and visitation is included in the final divorce documents for a couple with minor children. The documents typically detail on what days and at what times a child will reside with each parent. This schedule becomes permanent unless a court approves a change later.
]]> One issue that can cause contention in child custody decisions is if a parent decides to move out of state. When this occurs, the other parent has a right to object, and the court is left with the task of deciding what is in the best interests of any children covered by the custody order.In one recent case, a father feared a Wisconsin court was not going to decide in his favor, after he objected to his ex-wife's request to relocate with his child. He turned to the public in an attempt to try to sway the court decision. Placing signs in his town that directed people to a YouTube video, he hoped to create an outcry over the proposed relocation. In a somewhat unusual effort to keep his children nearby, the man's 19-minute video details his reasons for opposing the relocation.
Although this story did not take place in Texas, it certainly highlights the often contentious nature of child custody orders. Often the argument focuses on the desire of both parents to act in the best interests of their children. When a parent wishes to contest a child custody decision or proposal, it can be helpful to obtain a full understanding of his or her rights and options under the law.
Source: The Northwestern, "Man takes custody fight to the streets of Oshkosh," Patricia Wolff, April 10, 2012
]]>Prior to their marriage, the parties signed a prenuptial agreement, which provided that the wife would receive half of the couple's community property upon a divorce, with a cap of $5 million. According to the wife, the CEO still owes her $104,000. They have been married for six years and share two children, ages 3 and 6. Furthermore, the court has been asked to decide whether the husband should be ordered pay $20,000 a month in spousal support, as well as undisclosed interim attorney fees.
]]> However, the CEO disagrees, arguing instead that he is insolvent. He claims that because of ongoing business litigation, his net worth has suffered drastically, according to common business accounting practices.The ex-wife contests these statements. During a trial, a senior portfolio manager for the husband's company testified. He claimed that, during a conversation with the husband, the CEO said that he was trying to reduce his net worth deliberately to avoid paying his wife large sums of money.
As this case shows, property division can be very trying for Texas couples confronting divorce, and there can be much bitterness as a couple begins to separate. However, when arrangements have already been determined, whether through a prenuptial agreement or other document, it's important that both parties understand their rights to see that such agreements are upheld or altered based on current circumstances.
Source: Bloomberg Business Week, "Highland Capital Chief Tells Divorce Judge He's Insolvent," Tom Korosec, March 29, 2012
]]>Texas began preparing to collect overdue child support late last month, as they generally do every year. The effort, which was sponsored by the Texas Attorney General's Child Support Division, had its investigators working directly with sheriff's deputies and officers of the various counties. Since then, 34 people from three counties have been arrested. According to state records from the 2011 fiscal year, the Office of the Attorney General collected over $3 billion in child support payments.
]]> In the case of Texas sheriffs, it's not just a matter of finding those who violate child support court orders, but rather to make sure that the children will be supported by their parents. By providing child support, parents help their children be able to afford the necessities that their children need in life while giving them the chance to thrive. While officials would rather have those who owe child support pay it in a court-approved fashion, they are happy to be able to stand up for the welfare of children in this fashion, when needed.Those who are detained for failure to pay child support can expect that they may be arrested and face up to six months in jail. However, if they post cash bonds, they may be released early from jail. The money collected by bonds is paid back to the custodial parents and children who are owed child support.
For those who are in Texas and are struggling to obtain child support that is delinquent, this should come as welcome news. At the same time, when a parent responsible for paying support recognizes that an unexpected change in their financial situation will preclude them from meeting their monthly obligations, then they should consider seeking a modification. In this way, it is hoped that the child may be able to live in the best possible circumstances by being supported by both parents in a fair manner.
Source: Longview News-Journal, "Child support violators rounded up in Gregg County," Peggy Jones, March 28, 2012
]]>The woman learned about the identity theft problem long before when she had tried to marry her current husband in 2004. After going to the City Clerk's Office for a marriage certificate, she was turned down when officials found out that she had been married twice in 1996 to two men to whom she was purportedly still married. The couple eventually got married in another jurisdiction, though the problem did not go away.
]]> For some time, the woman lived in peace, but one of her "husbands" came to find her in 2009, demanding a divorce. She refused, claiming any such marriage was invalid, and hired a lawyer. Still, the man confronted the woman's mother-in-law, intent on continuing the divorce. With some quick thinking, her mother-in-law pulled out a wedding picture, in which the "husband" realized that he was trying to divorce a stranger he didn't know.She has since cleared her name so that the City Clerk has deemed her 1996 marriages invalid. However, recently she has discovered another marriage in her name. She is currently fighting to get that erased as well.
This case is certainly unique, but it may perhaps be representative of the fact that divorce is not always predictable. Texas residents who are considering divorce may find it helpful to obtain an understanding of the relevant laws as they begin to navigate the process.
Source: Fox News, "NYC Woman Discovers She Is 'married' To Multiple Men After Identity Theft," March 17, 2012
]]>Even though the divorce court may decide the appropriate property division, if the appropriate paperwork is not filed through the appropriate military channels, the actual benefits of the pension may not automatically extend to the nonmilitary spouse. This, in turn, can cause headaches for those who are already undergoing the painful process of divorce. For Texas military couples who are confronting a divorce, several steps must be followed to ensure that the court-approved property division is upheld.
]]> If the marriage and military service overlapped for 10 years, the government will send pension benefits directly to the nonmilitary spouse. However, if the marriage and military service did not overlap, the military spouse will receive the entire pension directly and will have to send payments to the ex-spouse. For those spouses who live in different states, this may cause complications. If the military spouse stops sending these payments to an ex-spouse, the government will not enforce this payment, and it will be up to the nonmilitary spouse to initiate court proceedings to resolve the matter, which can be expensive and time-consuming for both parties involved.As for all Texas couples experiencing a divorce, it is important for the couple to understand the rights and privileges provided by law. Although having a military spouse may complicate property division, there are certain accommodations that are allowed. The best approach is to work to become familiar with relevant law and procedure so as to pursue an equitable resolution of all matters that truly reflects the intentions of the parties.
Source: The Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen E. Schultz, March 9, 2012
]]>Most courts will still give pets to the partner who is awarded primary physical child custody, so as the children are not separated from their beloved pet. But pet custody issues have heated up in separations where minor children are not involved.
]]> Not long ago, spouses were reluctant to show emotional ties to their pets. However, things have changed drastically over the last couple of years. In a 2006 survey sponsored by the American Academy of Matrimonial Lawyers, 25 percent of those who responded stated that pet custody cases had notably increased from 2001, and are thought to have only increased more since the study was published. Now more than ever, pets are given greater consideration, especially with the rise of childless couples who may view their pets as a substitute for a child.There are a host of issues that divorcing couples must confront when dealing with property division matters. Pet custody may be one of the more difficult ones because of the emotions and attachments involved. Those Texas residents negotiating who gets the family pet would likely benefit from keeping the lines of communication open and trying to fashion an agreement that is fair and truly in the best interests of everyone. More and more, these cases seem to be taking on the characteristics of child custody proceedings, and by understanding the laws surrounding pet custody, divorcing spouses may be able to come to an agreement.
Source: Mercury News, "Divorce lawyers: Pet custody cases increasing," Sue Manning, March 4, 2012
]]>With the economy as uncertain as it is, many state governments are resorting to aggressive collection practices in order to sustain their budgets. Since the state pays for the child if the parent does not pay child support, the state believes that those who did not pay for child support should continue paying their owed money to a state welfare program. The money, in many cases, goes straight to the government and does not directly benefit the child.
]]> The result of these collection practices can be negative for more than just the parent who owes child support. Many parents who have not paid child support simply cannot afford the payments, due to their economic conditions or disabilities. However, this automatic system does not account for the many impoverished people who are disabled or cannot afford child support payments and are living solely on federal benefits in order to survive. Some of these parents are being taken care of by their adult children who are in turn forced to take care of their parent without the help that the federal benefits would otherwise give them.A spokesman for the Department of Health and Human Services reports that the intention in changing these policies was not to impoverish those owing child support payments. The spokesman hinted that there may be future programs established in order to guarantee that these policies will not bankrupt those whose sole income may come from federal benefits.
While it is of course important that children who are owed child support receive that payment, hopefully Texas and other states will be able to find a way to make that happen without impoverishing noncustodial parents who are unable to work.
Source: The Washington Post, "Poor who owe child support could lose federal benefits," Feb. 26, 2012
]]>We consider what we post on Facebook to be private information, but this is not necessarily the case. Divorce attorneys are increasingly going into the courtroom with comments that were posted on Facebook in addition to emails. This means that you should think twice before posting anything in haste during a divorce.
]]> Moreover, it would seem that Facebook could be helping to reveal infidelities. In one case involving a Texas man, he noticed that his wife kept hiding the computer screen from his sight. He saw that she was talking to someone on Facebook, and he later found out that the person was her former high school boyfriend. Over time, those Facebook conversations developed into an affair, and the couple subsequently divorced.Yet electronic evidence in the divorce courtroom poses just as much a challenge as it does an opportunity. It can help to resolve ambiguities and disagreements about matters of fact. On the other hand, one spouse may feel that a comment they left on their friend's profile on Facebook is being unfairly used against him or her. In the end, Texas residents who are going through a divorce may want to think twice before publishing that post or sending a message to an old flame.
Source: KHOU.com, "'Happily ever after' less likely for married couples using Facebook," Katherine Whaley, Feb. 17, 2012
]]>A British man and American woman married and had a child in Hawaii in 1995. They moved to Chile and later separated, setting the stage for a child custody battle. The man was subsequently awarded visitation rights with the child in Chile, and both parents were prohibited from removing the child from the country without the consent of the other. Nevertheless, the mother did just that, ultimately settling with the boy in Texas.
]]> The father asked the U.S. courts to order that the child be returned to Chile. He relied upon The Hague Convention on the Civil Aspects of International Child Abduction. Both the United States and Chile are signatories to that treaty. At issue was whether or not the father had a "right of custody" under the treaty, and the dispute went all the way to the U.S. Supreme Court. In 2010, the Supreme Court said the British father could continue his appeal to regain custody of his son.Even though Chile ruled the father only had limited non-custodial rights, the Supreme Court determined the father had a right of custody and could pursue his return to Chile. The case was returned to the lower courts, and the nearly 10-year litigation continued. However, the boy in question recently turned 16 and "aged out" of The Hague Convention, which only applies to children under the age of 16. Accordingly, the child custody case was dismissed, and the mother reports the boy continues to reside with her in Texas with no plans to see his father.
When child custody disputes cross international borders, they often involve a myriad of laws and regulations. Unfortunately, the children are in the middle of these situations. It is easiest when the parents and children are in agreement, but unfortunately that is not always the case. Complex cases like this usually require the assistance of those who understand the intricacies of U.S. and international laws regarding child custody.
Source: CNN, "Child at center of high court fight over custody get closure," Bill Mears, Feb. 14, 2012
]]>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.
]]> Authorities claim that the program has already been met with some success. They also claim that they have apprehended parents who owe more than $100,000, and have forced them to pay up. That may cause some parents to think twice before skipping out on their financial obligations.Child support enforcement, though, is a tricky matter in Texas and across the nation. Often times, the non-paying parent is simply unable to pay rather than unwilling to pay. Nevertheless, non-custodial parents facing economic hardship should seek to modify the required payments rather than outright failing to make them. By not honoring the obligation, these parents put the livelihood of their children in jeopardy.
Source: KXAN, "Fed steps up crackdown on child support," Jan. 31, 2012
]]>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.
]]> But with negative equity, it is becoming a much bigger challenge. Negotiation may need to be made with the lenders, and when this is not an option, they may need to agree to keep the property after the divorce. Negotiation may then be needed to decide who pays what portion of the continuing loan payments. Decisions will need to be made on who is responsible for continued repairs, and when they will be made.Divorce can be a stressful and emotionally challenging experience even when negative equity is not an issue. Many might feel overwhelmed and delay taking action, which could be troublesome when the relationship has become toxic to the whole family. Texas couples who are seeking or considering divorce may find it beneficial to seek the help of professionals who have experience in dealing with these matters. Their expertise could provide useful guidance around untangling often complicated problems.
Source: NV Business Weekly, "Divorcing couples struggle with negative equity in their homes," John Seelmeyer, Jan. 31, 2012
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