Not only do the adults in the family need to support and guide their children, but they have to do so while navigating a rapidly-shifting relationship with each other. The three steps below can help reduce how difficult the transition back to the academic school year could potentially be for the entire family.
Every year when the children return to school, their daily schedule will be slightly different. Class times differ between elementary and middle school, for example. Additionally, as children mature, they will likely begin pursuing extracurricular activities. Adults will therefore need to discuss the schedule for each of the children and how the parents will manage drop-offs, pickups and unexpected challenges, like children sent home due to illness.
From class trips and yearbooks to sports equipment and high school dances, there are many expenses associated with the academic year that parents will need to find a way to cover. Those expenses are typically beyond the basic cost of living addressed with child support obligations, so parents may want to talk about how they will handle those costs as they arise. Having a pre-existing agreement for extra expenses will help reduce conflict and ensure the children have the highest possible standard of living.
Particularly when a separation or divorce is still fresh, there’s reason to anticipate a child having behavioral issues or possibly a slump in academic performance correlated with the separation or divorce of their parents. Individual teachers and support professionals like school social workers or psychologists who know about the change in family circumstances will be better able to support the children in the family during this difficult time.
When the adults in a family are proactive about addressing matters that could arise during the back-to-school season, they can potentially help to reduce how stressful the upcoming changes will be for their family and can limit the likelihood that they will end up in embroiled in a conflict with their co-parent over scheduling matters, school performance or finances.
]]>People frequently claim that mothers receive preferential treatment in the family court system. Fathers often worry that they will get lumped in with other men who don’t actively parent, despite their earnest engagement with and love for their children. When they do face divorce, men sometimes give up and concede to whatever custody demands the mother of their children makes. By better understanding how the state handles custody challenges, fit fathers can make more informed decisions about their options.
For there to be a statutory bias against fathers or men in family court, Texas custody laws and the laws that create obligations from parents to children would have to include sex-specific language, such as placing certain obligations on mothers and other requirements on fathers. However, the law is absolutely neutral in its approach to parental responsibilities.
It neither mentions men and women nor fathers and mothers. The neutral term parent is used throughout state custody statutes. Fathers, therefore, have all the same responsibilities and rights that mothers do. Additionally, judges typically want to do what is best for the children, and research into human development makes it very clear that the act of involvement for both parents is typically the ideal for a healthy and happy childhood and adolescence.
How can fathers better ensure that their relationship with the children isn’t at risk if the relationship with their mother changes?
The judge will only have basic information about family circumstances and then whatever they witness in the courtroom to help guide their determinations on custody matters. A father can put themselves in the best position by remaining calm in family court and being respectful of the process.
Their appearance will also be important. Collared shirts, dress slacks and other professional attire can make a much better impression than the father who shows up in his work clothes or casual attire. A neat appearance, a respectful attitude and a strategy that specifically discusses the best interest of the children can all help fathers put their best foot forward in family court.
Getting appropriate legal representation is also a smart move for fathers preparing for divorce or hoping to assert their parental rights. That way, each individual can benefit from personalized guidance and insight that isn’t available otherwise.
]]>The adults in the family can put together a plan ahead of time to schedule summer break without any major conflicts. These are some of the most important considerations to address ahead of time for co-parenting concerning the summer months.
There are numerous considerations that will put pressure on the parents during the summer. Not being in school is relaxing for the children, but it may mean that the family needs daycare services if both parents work. The daily routine for the children and also the schedule for the overall division of parenting time may need to change. Parents may need to schedule around summer camps and also negotiate how to share the costs for a child’s time at camp. Even the schedule for custody exchanges may require careful adjustment during the summer months.
There are multiple schedules that can work for the family when there isn’t a school drop off and pick up to handle every weekday. The age of the children will play a major role in the right parenting schedule. Although the summer months do allow for two weeks or more at each parent’s house, that long separation would not be beneficial for grade-school-aged or younger children. Parents may want to split the weeks or alternate them.
In situations with older children and a longer distance between the parents, the children might even spend the whole summer with one parent. Families with younger children may want to try the 2-2-3 schedule, where the children spend two days with each parent and then a long weekend with one parent. The parent with the three-day weekend alternates every other week throughout the summer, giving the children plenty of time with both parents.
The summer months often offer unexpected opportunities for adventure, which might mean that parents need to be ready to change their arrangements with little forewarning. Communicating in writing and keeping the conversation as focused on the children as possible can make the frequent communication necessitated by the summer schedule less likely to lead to conflict between the adults. If parents can work together and have plans in place ahead of time, the summer months can be and enjoyable experience for everyone in the family.
]]>Certain assets are more likely than others to present challenges during property division, so those with any of the four types of assets below may need to prepare themselves for particularly complicated negotiations or court hearings.
Many couples are able to negotiate an amicable agreement regarding how they will share the value of their marital home. When there’s only one piece of real property to address, it may dominate negotiations without complicating them too much. However, investment properties and vacation homes can prove especially challenging to split. Perhaps one property still requires some work to get it into ideal condition for optimal resale value, or maybe some of the properties have higher perceived long-term retail value than others. The emotional value of a vacation home can also present challenges during property division discussions.
As with real property, vehicles may hold a combination of financial and sentimental value for divorcing spouses. Also, like real property, vehicles may have a secured financial instrument attached to them for which both spouses are technically responsible. Handling vehicles in a divorce often means negotiating to determine their current value and refinancing so that only one spouse is financially responsible for the loan on the vehicle.
Investing in a business can be a great way for spouses to support their families, but it can also lead to challenges when valuing and dividing that company during a divorce. Everything from the investments made in the startup and uncompensated work performed at the business to the future income projected for the organization will influence how to divide its value in the divorce. Spouses have to address what the business is worth and also who will operate it when they plan their divorce.
The retirement savings people set aside for their golden years can lead to challenges at the end of their marriage. Especially when those savings are only in the name of one spouse, there may be intense disagreements about what would be a fair and appropriate way to share those assets.
Identifying the assets that are most likely to lead to challenges during a divorce may help people better prepare for a sit-down negotiation session or litigation in front of a judge.
]]>The Texas family courts can help parents put together paperwork to govern their relationship with one another and their shared children. Parenting plans divide time with the children, while support orders will create financial obligations.
There are many myths about child support. For example, some people claim that a parent’s role or sex influences their obligation to provide financial support. However, the Texas child support law doesn’t mention a parent’s role or identity at all. It focuses on how much time the children spend with each parent, each parent’s income and the number of children who require support from each parent.
Typically, the parent who has less time with the children will be the one with the responsibility to pay child support. The funds they send can help to ensure an acceptable standard of living at the other home. Even in scenarios where parents have a 50/50 division of parenting time, one may have to pay support if they earn far more than the other. Judges will look at the number of children and the income of the parents when determining how much support someone has to pay. Typically, support lasts until a child turns 18 or graduates from high school.
People frustrated with the custody or child support terms set in their initial family law hearings don’t necessarily have to live forever with those unfavorable terms. Texas families can occasionally go back to court to secure modifications for both custody orders and child support orders.
Changes in family circumstances sometimes warrant revisions to existing orders. Other times, people may need help from the courts to enforce an order when the other parent doesn’t fulfill their obligations. Learning the basic rules that apply to Texas child support orders and speaking with a legal professional about one’s unique circumstances can benefit those who are preparing for changes to their family circumstances.
]]>Property division rules in Texas are different than in most other states. While equitable distribution laws are now in place in the majority of states in the country, Texas still has a community property statute on the books.
The biggest misconception about community property laws is that they mandate a 50/50 division of a couple’s marital assets. That may be how judges interpret community property laws in some states, but the approach in Texas takes more into consideration than just an even split.
A judge making determinations about the division of property and debts will typically need to think about important factors like the income and separate property of each spouse, as well as the duration of the marriage. In cases where it is clear that an uneven division of the assets would be the fairest and most appropriate outcome, then the judge should deviate from the expectation of a 50/50 division of assets.
In other words, when there are unusual complicating factors, the outcome of a couple’s property division dispute may deviate substantially from the 50/50 division that people expect.
Another common misconception about community property laws in Texas is the idea that every divorcing couple must give up control and have a judge decide what to do with their property. However, couples have the option of negotiating their own property division settlement that includes whatever terms both spouses agree would be fair.
Litigation is only necessary in cases where spouses cannot reach an agreement with one another. For those that do litigate, full disclosure of their assets and debts is a necessary part of the process. As each case is unique, it can be hard to predict exactly what a judge will determine is appropriate given the circumstances. Understanding the Texas rules that govern modern divorces can help those who are preparing to file or respond to a divorce filing with the assistance of an experienced legal professional.
]]>Stories of family conflict during the holidays abound. One need only watch favorite holiday movies or TV shows to see how common family disputes can be during the holidays. One or another family member revives some old perceived slight, which sets in motion familiar opposing positions, and the conflict begins. Among parties who never quite got over their marital or parenting differences, these tensions can – and often do – find their way into a lawyer’s office.
Since Texas law contains a presumption favoring a Standard Possession Order, a significant majority of final conservatorship orders contain the customary holiday provisions outlined in the Standard Possession Order. When that is the case, one parent will typically have a right of possession of the child during the entire Thanksgiving holiday and the opposite parent will have the first half of the Christmas school break in a given year. The parent that had possession during Thanksgiving will have a right of possession during the second half of the Christmas school break. The exact reverse of this schedule will occur the following year and each parent’s place in the schedule will alternate yearly. Accordingly, children learn to expect slightly different traditions and customs on each side of their families.
Courts hearing custody matters are skeptical of claimed emergencies during the holidays that have any potential to alter the customary order of holiday possession. This can be a delicate issue if there is truly some potential for harm in a child’s environment that needs court attention or intervention. Great care should be taken to articulate the harm in such cases and actively distinguish the facts from any perceived effort to diminish the other parent’s holiday possession out of spite.
Just as parents should insulate children from adult conflict in general, a reverence for the holidays calls for even better attention to the principle of insulation. This requires a certain respect for the opposite parent’s customs, traditions, habits and practices.
It is often said that the litigation process is slow. Parties engaged in a family law dispute should know that the process is even slower during the holidays. Courts take time off. Lawyers take time off. Parties, themselves, take time off. The responsiveness of the entire Family Law endeavor will be slower during the holidays than during most other times of the year. Parties needing important legal matters addressed should plan ahead and have some understanding that even the most diligent lawyer cannot control the calendars of others who play a part in bringing resolution to their disputes.
Despite the seeming chaos of the holidays when mixed with Family Law litigation, the holidays are indeed a special time. Good professionals can help reduce the tensions that parties and children feel when all the important things in one’s life feel suspended by a court case. While it is no guaranty of continuing harmony, gestures of good will can have an incredibly positive effect on long term relations, even among separated households. There is no time like the holidays to extend those gestures of good will.
For those who feel entrenched in significant or seemingly never-ending legal battles, as well as for those lucky enough to have never needed a Family Law attorney, the Law Office of David A. Kazen wishes all a happy and peaceful holiday season.
]]>In Texas divorces, is there is almost always a party seeking completion of the case immediately, while the opposite party needs or wants a slower process. That is to say, there’s nearly always a “pusher” and a “dragger” of the divorce process.
Of course, there are exceptions. Sometimes both parties have the same interest in bringing the marriage to an end. The cases fitting this exception are generally settled amicably. This article, however, is written to address the frustrations of persons wanting to either proceed faster or slower through the divorce process.
The term “dragger” is, perhaps, more pejorative than is necessary. Parties hoping for a slower process typically want to understand what is at stake in divorce, what the short-term and long-term implications are, and what the new future holds for them. This concern can be rather acute if conservatorship of minor children is involved. A person who is relatively unfamiliar with legal proceedings can sometimes have more questions than a client with past experience in litigation. Also, a spouse who does not want the divorce may have a difficult time emotionally coming to terms with the end of the marriage. The job of the divorce attorney in these circumstances is to give the client as much clarity about the process, the obstacles, the timing, and the factors they should consider, as well as the factors a court will consider if the divorce needs litigation. This is where the experience of the attorney counts the most.
Great care should be taken by the attorney to ensure that the client seeking a slower process understands the issues relevant to the client’s interest at every step of the case. The need for information and understanding must also be balanced against the cost of the process and the likely arguments by the opposition designed to move the case along.
When an attorney represents the “pusher”; i.e., the one looking to be divorced quickly, the attorney should set benchmarks in the case that the client can understand and pressure the opposite side to also agree to reasonable benchmarks. It should be noted that the law does not permit a court to render a divorce sooner than 60 days from the date the case is filed. Except for the simplest of cases (e.g., no assets, no debts, no children, etc.), most divorces take longer than 60 days merely to gather the appropriate information and include it in a final decree of divorce. Cases that are high conflict or that have intricate issues typically take much longer. Generally speaking, most divorces can be concluded within six to eight months, depending on the location of the parties and the issues to be addressed. Some take longer than a year, although this is rare.
Both spouses to a divorce should understand that the cost and complexities of the process always expand within whatever range they are permitted. That is to say, if the parties allow for a longer process, issues will undoubtedly come up that cause greater expenditure of resources within the time to completion. It therefore stands to reason that the parties can each be spared additional expense and anguish if they can agree to a shorter process. Even though this is true, it is often necessary to go at the pace of the slower party just to ensure a sense of fairness and understanding. Long-term bitterness over the process can be avoided entirely if each spouse believes the process has been fair.
No two parties to a divorce have the exact same personalities or interests. The job of the attorney should be to properly assess the client’s priorities and advocate with those priorities in mind. There is no substitute for experience when it comes to helping a client implement a plan to navigate the divorce process. The Law Office of David A. Kazen has greater than two decades of experience successfully assisting clients through the divorce process. For a careful analysis of issues bearing upon the timing and length of a divorce, schedule a private consultation with the Law Office of David A. Kazen.
]]>People often ask whether infidelity even matters anymore in divorces. Different jurisdictions deal with it differently. In Texas, the issue is even treated differently in different localities. Historically, Texas case law indicates infidelity is one of many different factors that can support
a disproportionate division (more than half) of community property in favor of the innocent spouse. However, the reality is that when the issue is unconnected to expenditure of money or exposure to children, infidelity – by itself – has a tenuous relationship to a larger portion of community property.
Parties contemplating divorce need to know that some judges still view the issue as a strong reason to support a disproportionate division, while others merely view it as a symptom of a bad marriage rather than a cause. Judges in this latter category will be reluctant to “punish” a party for something they view as a human limitation rather than blameworthy conduct.
As noted above, there are certain contexts where infidelity is commonly viewed by the courts in a clearly negative light. The first of these is when a spouse uses or expends community resources to pursue the extra-marital relationship. During marriage, spouses owe one another a fiduciary duty to safeguard community property for legitimate purposes. This duty is similar to a duty a bank owes a customer or a trustee owes a beneficiary. The breach of that duty by a spouse’s improper use of community property gives rise to a claim of constructive fraud upon the community estate. Once the fact of infidelity is established, the spouse engaged in the conduct has a duty to demonstrate the fairness of all expenditures of community property. In short, the innocent spouse in this scenario can achieve a disproportionate division of community property by establishing that all money used to pursue infidelity has already been received by the spouse engaged in the affair. Often, that money is already spent and gone, but the court will nonetheless view it as part of the award to the spouse engaged in the affair. The result is that a greater share of the remaining community estate on date of divorce is awarded to the innocent spouse.
The other area sure to get a court concerned about infidelity is when a spouse exposes children to the extra-marital relationship early in the separation process. There is no single rule regarding how and when children should be made aware of new adult relationships. Factors too numerous to calculate (age of children, length of time of separation, maturity levels of both parents and children, etc.) prevent one useful rule. But there are circumstances when a parent’s introduction of the new relationship shows poor parental judgment. Courts favor insulating children from all negativity between the adults to the greatest extent possible during the divorce process. This definitely extends to how, when, and under what circumstances a parent introduces a new adult
love interest.
In truth, there are cases where infidelity plays a very big role in the legal case. Conversely, there are cases where infidelity clearly exists but plays virtually no role in the legal case. How or whether the issue is of import should be carefully considered by parties contemplating divorce. For a careful analysis of issues resulting from infidelity or possible infidelity in marriage, schedule a private consultation with the Law Office of David A. Kazen.
]]>Persons going through a divorce need to know that debts ordered to be paid by the other party in a Final Decree of Divorce (“Decree”) might actually not get paid. Some people believe a Decree covers all their concerns about a debt if it orders the other party to pay. It is the law, after all. But it is wiser to view a Decree as a document binding between just former spouses. In other words, third parties that are owed money will typically look to their own contract documents and the persons named therein for satisfaction of the debt. For example, if a debt is held in the wife’s name and the husband is ordered to pay it in a Decree, guess who the creditor comes after in the event of non-payment? The creditor will pursue the wife, because the creditor’s documentation says it is the wife’s obligation. In this scenario, it would have been important for the wife to know she cannot simply hold up the Decree to the creditor and say, “Go after my ex-husband.” That simply will not work.
Stated another way, a divorce court – and therefore the authority behind the Decree – cannot impair the rights of third-party creditors. Third-party creditors have the right to hold accountable the people or persons they contracted with. Those third-party creditors are not involved in the divorce process. The divorce court has no jurisdiction over them.
So what does a party do if a Decree orders the other party to pay a debt held in the first party’s name and there is failure to pay? The answer is to take the matter to court. This is an additional and costly process with results that are murky at best.
A common scenario encountered is when a husband and wife purchase a home together during marriage and each are named on the mortgage documents. If the house is not sold and one party is going to keep it, the party who is not awarded the house is still named on the mortgage documents. This will not change unless or until: (1) the house is sold, (2) the mortgage is refinanced, or (3) the mortgage is completed paid off. Until one of these three things happens, the party not awarded the home is exposed to financial risk in the event of default because their name remains as an debtor/obligor on the mortgage documents.
There are many ways to try to address this problem and minimize the risk. Sometimes, there are not sufficient resources to fully eliminate the risk given the priorities of the parties involved. The point of this article is to make the party facing a divorce aware of some of the perils (on the front end of the process) related to situating debt between the parties in a Final Decree of Divorce so that risk can be minimized post-divorce.
The intricacies of arranging the lowest risk to post-divorce debt will vary depending on the facts of the case. The Law Office of David A. Kazen can review each of these obligations with an eye toward maximizing benefits to the client and minimizing exposure to debt. Call us for a private consultation if you need guidance regarding these issues.
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