Marriage and Divorce in the Past
In an interview with CNBC, Betsy Stevenson, an assistant professor at the University of Pennsylvania's Wharton School of Business, stated that in the 1950s and 1960s marriages were based on the model in which women specialized in home-making and men worked.
However, as woman began working themselves, "we started transitioning to marriages with less stark specialization, but many people married the right person for the old model of marriage - which was the wrong person for the new two-earner marriage," Stevenson told CNBC.
]]> In past decades, it wasn't commonplace for women to be in the workforce, let alone the breadwinners in the marriage. In fact, in 1969 in relationships where one person brought home 60 percent or more of total household earnings, only 4 percent of situations was the larger earner a woman, according to a statement to CNBC by Suzanne Doyle-Morris, author of "Female Breadwinners: How They Make Relationships Work and Why They are the Future of the Modern Workplace." Doyle-Morris now says this number has now risen to about 25 to 30 percent of these relationships.Doyle-Morris, also believes divorce rates are falling because of improved education and people waiting longer to get married. In support of this position is the fact that the average age of a person's first marriage was 20-years-old for woman and 23-years-old for men back in 1950 - but has risen to 26 and 28 respectively in 2009, according to the Census Bureau.
Unfortunately, even with these slightly declining rates, divorces are still occurring in large numbers, which makes it of vital importance to know your rights and options if you are currently going through a divorce.
Source: CNBC, "As Two-Income Family Model Matures, Divorce Rate Falls," David Milstead, May 7, 2012
]]>Parents now in custody may face jail time as long as six months. However, a spokeswoman for the Texas Attorney General, Janece Rolf, gave assurances that those arrested had several opportunities to pay owed child support prior to being arrested. In a statement to CBS-DWF, Rolf said, "When parents refuse to do that, jail is a reality."
Rolf continued and urged parents behind on child support to contact the Texas Attorney General's office in an attempt to negotiate the matter before arrests become a real possibility.
While most child support disputes generally do not go to such extremes as an actual arrest, the failure to pay child support is a serious matter. "When parents violate court orders to pay there will be consequences, "Rolf's told CBS-DFW - which was definitely illustrated in the recent Texas child support arrest sting.
]]> However, what happens when unforeseen circumstances make it almost impossible for parents to stay current on child support payments? Do they simply have to sit and wait for someone to come arrest them?Well, the short answer is no. Parents who have a change in circumstances can petition the court for a modification of child support. For example, while going through a particular financial hardship a parent may be eligible for a temporary exemption from child support. Also, a change in child custody may trigger an opportunity for modification in child support payments. Ultimately, it is the parent's responsibility to stay current on child support payments, but if circumstances change, it may be a good idea to review your options and see if you are eligible for a modification in child support.
Source: CBS-DFW, "AG: 40 Parents Arrested For Skipping Child Support Payments," May 7, 2012
]]>A common child custody schedule has parents alternating major holidays and long breaks from school, like Christmas, spring and summer. Such an arrangement is crucial to allowing both parents to maintain a meaningful relationship with a child or children. The schedule should consider the child(ren)'s age, parents' work schedules, relationship dynamics and the distance between parents.
When parents sharing custody live a significant distance apart, extra care must be taken when making travel arrangements. Whether the child is traveling by bus, plane or train, safety is the number one priority.
The travel plan should be smooth enough that the child is not responsible for making decisions, but simply follows the established plan. A child should have a copy of names and phone numbers of contacts and the parents should have a backup plan should travel schedules or a person's ability to pick a child up suddenly changes.
]]> Child abductionIf you are concerned about your child's other parent abducting your child during these long holidays, the safety group Kidproof recommends the following:
Taking these precautionary measures can help prevent a horrible situation before it becomes an issue.
Some may wonder if child support payments to the custodial parent must continue while the child is away from the custodial parent. The answer is almost always yes. This is because the major expenses like rent or a mortgage, transportation, utilities and insurance all must be paid even when the child is on vacation. However, a court or the parents can work out a reduced amount to properly reflect expenses.
Child custody situations are difficult, but can become a real headache when there is a significant distance between parents sharing custody. However, being cautious and working with the other parent can alleviate many concerns. The most important thing to remember throughout everything is that the ultimate goal is the child's sense of well-being and happiness.
Source: Kidproof, "Whose Home for the Holidays? Child Custody at Spring Break"
]]>Texas Governor Perry signed Senate Bill 785 last year on May 12, 2011. This bill specifically allows those men previously thought to be fathers to be released from child support obligations if they disprove paternity with a court-ordered DNA test.
However, even though those men proven not the father will no longer have financial obligations for the child, they will not be able to get the money back they already paid and they will still have to pay the support obligations they still currently owe.
But, since child support obligations can add up to the tens of thousands, it is important for those who believe they are not biological fathers to get going on DNA testing - especially since a deadline is quickly approaching.
]]> Specifically, those men who currently have reason to believe that a child is not theirs have until September 1, 2012, to challenge paternity. For those who discover after that date that they may not be the father have one year to file a petition to terminate the parent-child relationship.Now some may think that is still a lot of time, but it can sometimes take months just to track down ex-wives, not to mention to get the DNA tests done.
Some legal experts recommend getting a preliminary DNA test done to establish paternity - which can often be bought at local drug stores. Although not admissible in court as evidence, these tests may determine whether hiring an attorney to end your child support obligation is a good idea.
Source: CBS DFW, "DNA Test Deadline Nears For Texas Dads," Feb. 20, 2012
]]>In theory, the Texas Supreme Courts hopes these new forms will make is easier for litigants to represent themselves in uncomplicated, uncontested divorces. However, the State Bar of Texas has its concerns.
Many family law attorneys argue that the new forms are not necessarily needed, citing the fact that many free forms already exist. Moreover, some believe the new forms may merely encourage more do-it-your divorces, which would be detrimental in complicated divorces - where attempting to file without the assistance of an attorney will probably do more harm than good in the long run.
]]> For example, Judge Judy Warne told the board during the Bar's January 20 board meeting that forms already exists for divorce case litigants, but that many simply didn't know how to use them. Moreover, Warne stated that the new forms drafted by the task force could be used by anyone - not just the poor - including those who could hire an attorney, but where "too arrogant" to do so. She warned, "They think this is the magic form that's going to fix everything."Unfortunately, divorces that start out uncomplicated can get quite complicated very quickly - as with any situation as emotionally charged as a divorce. These new forms may not be able to cover all situations. In these instances, it may be too late to fix problems that would have never occurred had the litigants just consulted with an attorney in the first place.
]]>According to a British Internet survey, 75 percent of women and 53 percent of men admitted to hiding money from their spouses. Thus, one could argue that hiding money is prevalent in many marriages. But why do it? Some women believe that if theirs husbands knew about the money they were hiding, the husbands would want to spend it, and not necessarily on the little extras that they spend it on. Anthony Fava, a tax accountant, calls these types of secret accounts the innocent ones, according to his statement to MSN Money.
According to Fava and many divorce lawyers, the accounts a spouse should be worried about are the war chest accounts. A war chest account is one being concealed by a spouse who is anticipating a divorce or separation. The spouse is hiding this money either to flee the marriage or to prevent the other spouse from getting his or her fair share. If a spouse suspects or finds a secret account like this, he or she should consult with a professional such as a lawyer, a private investigator or an accountant to discuss his or her options.
]]> Here are some of the signs that a spouse is hiding money:If a spouse has a small amount of secret money set aside to purchase designer shoes or the latest electronic gadget, then generally there is no cause to be concerned. However, if a spouse is building a war chest, then the other spouse may want to start asking some questions.
]]>The parents, who are homeless, said that the reason that they were losing custody of their baby was that CPS determined the "Occupy Dallas" camp - where the family was living - to be an unfit environment for the infant. A spokesperson for CPS said the child's living conditions and the mother's mental health were factored in their decision to take custody of the infant.
]]> The couple went to court, seeking custody of their child. The court ordered that the couple attend parenting classes and undergo drug testing and counseling. Although the court did not immediately return the custody of the infant to the parents, it granted temporary custody to a friend of the family. The court also said that the parents could visit their baby regularly, while fulfilling their court-ordered duties.In Texas, a child generally may not be removed from their family without a court order, unless CPS determines that there is an immediate danger to the child. CPS' decision to remove a child immediately is based upon its judgment and is not final. Only a court can make a final determination of child custody. An attorney can examine your specific situation, explain your legal rights and help you determine your best options.
]]>The mother had filed the affidavit seeking the restraining order, claiming that their marriage was dysfunctional and the conflict had continued after the divorce. Her decision to get a restraining order was motivated by the fallout from an online video on YouTube in which the judge was seen viciously beating his older daughter. The 2004 video was secretly recorded and posted on the web site by the older daughter.
]]> In the video, the judge is seen beating his then 16-year-old daughter with a belt and ignoring her pleas to stop. The video has caused nationwide controversy and stirred angry reactions from parents. Although the judge has not performed his judicial functions since the video was released, there have been calls for his resignation. No charges have been brought against the judge, but he is currently under investigation by the State Commission on Judicial Conduct.In addition to preventing the judge from seeing his daughter, the restraining order prohibits him from criticizing his ex-wife and drinking alcohol within 24 hours of seeing his daughter. Restraining orders are common tools used to protect family members in Texas divorce cases when there are allegations of family violence, and an experienced family law attorney can help guide you through the restraining order process.
]]>Texas children can often be put in the middle of the divorce, even though the reasons for the divorce have nothing to do with them - parents need to remember this, and do whatever they can to prevent children from being adversely impacted by the feuding adults.
]]> Tips for Divorcing ParentsThe American Academy of Matrimonial Lawyers had provided the State Bar of Texas with tips for parents when dealing with children after a divorce - these tips include:
Divorces can be emotionally detrimental to not only the spouses getting the divorce, but also for the children. An experienced attorney can provide helpful guidance to a spouse considering divorce, which will hopefully alleviate some of the stress and ultimately help the parents put the children's needs first.
]]>The federal Deficit Reduction Act of 2005 authorized a $25 fee levied on parents who receive the benefit of child support payment enforcement programs. The states administer the programs but the federal government funds them partially. Some of the options that these programs provide are income tax return garnishment and license suspension in order to make delinquent parents make their court-ordered child support payments.
]]> Changes in TexasMany states, including Texas, initially chose to absorb the fees on behalf of those parents who received child support payments. The cost to the state was about $25 million annually. Now parents who use the child support enforcement services will have to pay the $25 fee if they receive at least $500 per month in support. For "registry only cases," where the support payment comes from income withholding of the obligor parent, the parent receiving support will only pay a $3 administrative fee per month.
The entire state will now follow the model of the El Paso County Domestic Relations Office, which has run almost solely on the fees that it collects from the parents who use the office.
Child support orders are just like any other court order, and as such need to be respected. Unfortunately, many parents do not take their obligations seriously. An experienced attorney can advise you of your rights and options when you are having issues with child support payments or difficulty obtaining an order for child support,
]]>Typically, a "Unit" or specific amount of coverage, costs between $15.00 and $20.00 per month and pays roughly $1.300.00. Ten units would pay $13,000.00 and cost under $200.00 per month. This money is paid to the insured party after the marriage ends legally and a claim is submitted.
]]> Pre-Marital Agreements Are No NoveltyWell, this may make you wonder why spending two or three thousand dollars in premiums every year makes more sense than spending a one-time fee to write a prenuptial and/or post-nuptial agreement like the folks in Plano and Dallas have been doing for decades. In a much more practical and cost-effective sense, premarital agreements are divorce insurance.
Pre-marital and post-marital agreements make sense because they are written and agreed to by the couple, together; typically while the relationship is still pleasant. This allows the animosity of unpleasant divorces to be reduced before they occur. Another important aspect of pre-marital agreements is deciding who gets what based on the realities of the situation as it exists at the time of the agreement.
The better idea for protecting against the foreseeable: Forget the insurance and put your money into a good-faith prenuptial agreement. While nobody anticipates a painful end to the marriage while it is beginning, it is important for each spouse to protect against the unknown future.
If you would like more information on the benefits of a pre-nuptial or post-nuptial agreement contact an experienced Plano family law attorney.
]]>The old way of thinking is based on the idea that the father is the "breadwinner," and the mother provides more direct care to the child. The common outcomes of custody hearings where the mother had custody and the father paid child support made sense in this light. However, this has not always been the typical family dynamic for a number of years, and the opinions of many Texans are starting to reflect this reality.
]]> Old Perceptions Die Hard in Custody HearingsIn many cases, the perception that people have about the legal system favoring the mother is merely that -- a perception. Texas courts look to the best interests of the children when deciding custody, not outdated gender stereotypes. The best interest concept factors in just about anything that could impact the safety, upbringing, education, quality of life, or other important aspects of a child's life.
If you have child custody issues and live in the Dallas-Fort Worth Area, you should contact an experienced Plano family law attorney.
]]>A premarital agreement can benefit any couple that has assets acquired outside of the marriage, regardless of age or money status. If you are marrying later in life, then you should definitely consider signing a prenuptial before saying, "I do." The agreement will help protect any assets or business acquisitions that you came into possession prior to your marriage, which in turn, will protect you from fighting to keep rightful property in your name during a divorce. Essentially, you will be safe guarding yourself from going through a messy divorce.
While you should always consult a lawyer who has experience in writing a prenup, here are the basic types of issues that you will want to address in your agreement:
In addition to laying out property and monetary assets, you should also discuss any prior debt that has been incurred to protect both parties from getting stuck making payments on a debt, like school loans, that they were not responsible for.
While there are many do-it-yourself alternatives offered, it's important to remember that a prenup kit may not be tailored to the state of Texas -your do-it-cheap premarital may be voided because it doesn't adhere to state law. The best way to insure that your prenuptial agreement will be honored should it become necessary is to contact an experienced Plano family law attorney.
Contrary to the belief of some, a prenuptial agreement can actually save a lot of time, money and anguish down the road should an unplanned divorce occur. Contact a reputable Plano family law attorney for more information.
]]>It isn't all too surprising that attorneys are turning to social media websites for evidence as these websites' popularity has escalated in recent years. According to a survey by the American Academy of Matrimonial Lawyers, in the past five years 81 percent of its members had used or faced evidence collected from social media websites during divorce proceedings.
]]> Even if evidence gained from Facebook and its ilk is making its way into divorce proceedings, evidence from these websites can only be used against you if you post information that can hurt your case. To better protect yourself and your case, consider the following social media tips:Divorce is a difficult time. A time when you need your friends, people you can talk to. But remember, if you talk to them through social media, you may be also talking to you ex-spouse's attorney. If you are considering divorce or have questions about the divorce process, speak with an experienced family law attorney.
Source: finance.yahoo.com, "Divorce lawyers: Facebook tops in online evidence" June 28, 2011.
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