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bryanfaganlaw · 5 years ago

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How to enforce a child support order when the paying parent lives outside of Texas

If you have need a best suitable service your Child Law experience, How to enforce a child support order when the paying parent lives outside of Texas with the great process!

Divorce Attorneys in Houston: One of the most helpless feelings that a parent can experience is being in a position where you are not receiving the court ordered child support that you are entitled to. This can leave you vulnerable to the ups and downs of your own income leaving you little wiggle room to plan and budget for your family. On another level, it can and should anger you because your child’s other parent is placing other responsibilities ahead of providing for their child. Having someone essentially tell you that your child isn’t that important can be extremely hurtful- especially when that other person is your child’s parent.

Make no mistake, you have options available to you if and when your child’s other parent does not fulfill their end of the bargain when it comes to paying child support. The most straightforward and practical option when it comes to bringing the violations of your child support order to the attention of a judge is called an Enforcement suit.

An enforcement lawsuit seeks to do exactly what it sounds like- enforce something, namely a court order. You would file this lawsuit just like a Divorce or Original child custody suit. The only difference is that this the second case under the original case number that you were assigned in your child custody/divorce case. In this suit you would be notifying the judge of the other parent’s violations of the child support order and can then request “relief” from the court in the form of money and possible jail time for your child’s other parent.

It takes effort and planning on your part to get to the point where you can successfully present your case to a judge. Before then you are just another parent who is not receiving the child support payments you are supposed to be. Sometimes taking that first step towards learning about child support enforcement cases is the most difficult step in the process.

What happens, though, when your child’s other parent does not live close to your child or even within the State of Texas? Is the process the same for parents that do live in-State? Today’s blog post from the Law Office of Bryan Fagan, PLLC will detail this subject.

People moving frequently is a reality in today’s world

As economies change, the job market changes as well. Gone are the days where a person is well guaranteed to grow up and live in one geographic location. Many times, people will up and move not only across a city but across the country for a variety of reasons.

Family courts cannot force you or your child’s other parent to reside in a certain place. However, a family court does have jurisdiction to limit where your child resides. Many parents choose to include what is known as a geographic restriction within their original court order. This geographic restriction often limits where your child can live to the county where your case was filed and any county that borders it. Family law language would term this as any county “contiguous” to the county where your case has been filed.

I have seen families in the Houston area use Harris County and any county contiguous to Harris. I have seen parents state that their child can live in Harris or Montgomery counties. I have even seen some parents state that the child must remain in a school district due to the excellent reputation of the schools. Whatever option is chosen, you need to know whether a geographic restriction is in place for you child and if so where your child can reside.

Getting back to the specific topic of this blog post, it happens that sometimes parents will cross state lines and begin to live in another state even if a geographic restriction is in place for their child. This parent is most frequently the non custodial parent- meaning that their child does not live with him or her primarily. There is nothing against the “rules” to do this. Again, a court cannot tell this parent where he or she can live. However, what it does do is open up the places where the child can reside. The reason being is that once the non custodial parent leaves the geographic region, so can the custodial parent and child.

Out of sight, out of mind unfortunately

Houston Divorce Attorneys: Once your child’s other parent moves out of state it becomes an unfortunate situation that because he or she does not see your child as frequently their motivation to pay child support can decrease a great deal. Maybe their move was predicated upon the promise of a job in the new location that did not actually come together as planned. Whatever the reason, if you are left waiting on child support from a parent that lives out of state here is what you need to know.

There are procedures in place that all states follow that allow for parents to enforce child support orders when the parent who owes child support resides outside of the home state. The Uniform Interstate Child Support Act (UIFSA) is the federal statute that contains the specific laws that pertain to this subject. In Texas the Office of the Attorney General is the governmental body charged with overseeing the complex child support structure in Texas.

You as the custodial parent would need to send the child support order to whatever body governs child support enforcement cases in the State where your child’s other parent resides. Then the order is reviewed and it will be sent on to the county judge where the other parent lives. It is in that court that child support enforcement cases are hard.

You may be asking how an out of state court would so easily enforce the child support laws of Texas. To answer this question you would need to know that UIFSA operates based on the legal certainty that the out of state court would honor Texas state law and the court in the other state would apply our laws to the process in whatever state the other parent is residing in.

What happens if the other parent does not pay

Whatever collection methods are approved by Texas law will be enforced in the out of State court. Garnishing the parent’s wages is a possibility if the parent’s employer can be found out. Missed child support payments can be made known to credit bureaus and liens can be placed on the property of that parent. Finally licenses like hunting, fishing, driving, commercial driving, etc. can be suspended for the failure to pay court ordered child support.

In extreme situations you can ask a Texas court to hold a non-paying parent in confinement for a period not to exceed 180 days or six months. Depending on the amount of child support that is actually owed this may be an option. Either way, an enforcement case is pretty straightforward in the sense that you must show the missed payments and the amount of money that is owed. There is not much the other parent can do to counteract your alleged proof of the violations.

Experience is essential when managing a child support enforcement case

Divorce Attorneys Houston: If you intend to pursue a child support enforcement case against your child’s other parent it is in your best interest to become as well versed in the child support laws of our state as possible. If at all possible you should hire an attorney who has handled these type of cases before so that you can be as prepared as possible heading into the case.

After reading today’s blog post if you have any questions about the material that we covered please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations with our licensed family law attorneys six days a week. Whether you live in Baytown, Katy, Conroe or Tomball we work tirelessly on behalf of our clients and take pride in doing so. Before you rush into a case without much knowledge of the process or the law it is best to meet with an attorney who has been there and done that. The Law Office of Bryan Fagan, PLLC are those attorneys and we thank you for your consideration ... Continue Reading

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freelancesumandas · 5 years ago

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Can you file a motion for new trial in your divorce case after a default judgment was rendered against you?

Spring TX Divorce Lawyer: In the State of Texas, after you have been served formally with a divorce petition as filed by your spouse, you have until 10:00 a.m. on the first Monday that occurs after the expiration of twenty days to file your response to the lawsuit. If this seems like the most confusing deadline that you’ve ever been presented with in your life then you are not alone. Basically you should count twenty days after your service date, then find the next Monday that falls on the calendar. By 10:00 on that Monday you must have filed an Answer.

Does the following situation ring a bell with you?

What if you and your spouse have been discussing your case for a certain period of time and you know that you and her have agreed on all of the terms of your divorce. Property andchild custody issues have been completely sorted out. Even though you may not be too excited about proceeding with the divorce you nonetheless agree that the terms that you’ve agreed to are fair to both of you and are in the best interests of your kids. Now that it’s all said and done you feel good about what you were able to accomplish.

Now you find yourself looking at a bunch of legal papers that a strange person just handed over to you when you got home from work. A bit confused, you call your wife to see what this is all about. She reminds you that she has hired an attorney to help her and you take your agreements and put them into a format that the judge will be willing to sign off on. She goes on to tell you that the strange man at your house and the legal papers are all a part of the necessary legal formalities. Nothing at all to worry about, though.

You recall having signed a document known as a Final Decree of Divorce that took all of your agreements and put them into writing. You did this with your spouse and she told you that she would take the document to her attorney to file with the judge and that would conclude your case. No muss, no fuss, all done in relatively quick and painless fashion. You could put your feet up and worry about other, more pressing issues your spouse’s attorney told you.

After accepting service and making a phone call to your spouse to receive some reassurance, you hadn’t heard from your spouse or her attorney in sometime. Thinking nothing of it you have gone about your normal routine of seeing your kids and going to work. Nothing major to report one way or another.

One day, however, you get an envelope from a judge’s courtroom with some paperwork inside. The paperwork states “Final Decree of Divorce” at the top. As you look into the document you can see that there are things that you did not agree to included in this version of the Final Decree. Worse yet, as you flip to the back of the document your signature is nowhere to be found- although there is a blank space where you could have signed. Your heart begins to beat a little faster once you see that the judge has signed his name on the decree.

The contents of this Decree are grim as far as you’re concerned. You’re on the hook to pay spousal maintenance, a hefty amount of child support and you do not get to see your kids nearly as often as you had agreed to in the earlier version of the decree. You feel trapped and don’t know what to do or who to turn to. What can be done for you in this type of scenario?

Meeting with a family law attorney to see what the next step is Now that you’ve figured out that you may

Divorce Lawyer in Spring TX: be in some legal trouble, you decide to go seek the advice of a family law attorney. This is the exact thing that you thought you were avoiding by being friendly to your ex-spouse and her lawyer in the first place. You don’t like lawyers and never have. Now you have to grit your teeth and go talk to one anyways to see just how much hot water you are in.

You go in and talk to the attorney who relays to you what I discussed in the outset to this blog post. Your wife properly served you, which required that you file an answer within the time period that I laid out above. You did not do so, which allows your spouse to then go with her attorney with their own order to the judge. She still had to wait the required 60 days to do so, but on day 61 she and her lawyer were in court bright and early in order to get their decree approved by the judge. The lawyer goes on to tell you that the version you signed has no legal weight or significance.

The issue is that the judge didn’t know anything about your agreements or how friendly you were to your ex-spouse or to her attorney. The judge only knows of what your ex-spouse’s attorney stated in that short hearing. The judge looked at the case history and saw that you were properly served, failed to file an answer and that the proper waiting period had been honored. There was no issue, as the judge saw it, on that day to sign the order.

Default Judgments can be reversed

The next part of what the attorney tells you makes you smile, however. You learn that you can overcome a default judgment but that time isn’t necessarily on your side. A motion for new trial can be filed to set aside the default judgment you will need to have the court decide that your failure to file a answer was not intentional nor was the result of a conscious indifference on your part. Additionally, the motion for new trial has within it a defense to your failure to file an answer. Last, the judge needs to determine that if she were to grant your motion for new trial that there would not be any undue delay or injury suffered by your ex-spouse.

Keep in mind that time is not your friend

As I mentioned earlier, time is not on your side when it comes to filing a motion for new trial. You must do so within thirty days of the judge signing your divorce decree. Look to the date as it states on your order, not on the date that you received notice of the decree having been signed. All is not lost if you find yourself in this position but you should do as I suggest in this blog post- meet with an experienced family law attorney who can not only talk you through the elements of a default judgment but can also advise you about your rights it pertains to your specific facts and circumstances.

Questions about motions for new trial in a divorce case? Contact the Law Office of Bryan Fagan

Spring Divorce Lawyers: If you have become aware that a default judgment was issued against you in your divorce do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We can speak to you about the possibility of our office representing you in filing a motion for new trial and can appear with you in court to argue that motion.

Your ex-spouse will be in court as well with their attorney arguing against your motion. You should be prepared with your own experienced legal representative to counteract this. Our office has argued motions for new trial in multiple counties in southeast Texas and would be honored to do the same for you and your family.

Our office offers free of charge consultations to people in your position and we will give you honest, candid and complete advice on this subject or any other in family law. Our licensed family law attorneys meet with potential clients six days a week and take great pride in helping people just like you in Houston, The Woodlands, Katy, Baytown, Galveston and in all points in between ... Continue Reading

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inedible-you · 6 years ago

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Do you suffer from a personal injury as a result of someone else’s negligence? Has a product defect or a dangerous pharmaceutical drug caused you or a loved one to suffer a personal injury? Are you the victim of a slip and fall injury? If so, it is in your best interest to retain a competent lawyer for legal advice before discussing your personal injury, accident or situation with anyone. If you are in need of a Plaintiff’s lawyer, contact Houston Texas personal injury lawyers Byron Buchanan. As always there is a free initial consultation. As always, there is no fee unless our firm secures a recovery for you for your personal injuries. Personal injury cases are taken on a contingency fee basis.

This Houston Area Personal Injury Law Firm was founded to provide its clients with access to legal services and the level of representation they deserve when seeking compensation and damages for their Houston personal injury cases. The law firm provides services to Plaintiffs in many Houston area personal injury practice areas including Wrongful Death Claims, Industrial and Workplace Accidents, Refinery and Chemical Plant Explosions and Fires, Trucking Accidents, Car Accidents and Drug and Pharmaceutical Injury Claims, including Birth Defects from bad or recalled drugs and cancer caused by the use of talcum powder.

The Law Firm also handles Workers Compensation Claims. In most cases, legal representation will be undertaken on a contingency fee basis, which means that there are no attorney fees owed unless a recovery is obtained for your personal injuries. In other words: “If you don’t get paid, we don’t get paid.” The Buchanan Law Office, P.C. is also experienced in handling overtime pay cases. If you have been denied overtime pay, or feel you should have been paid overtime, please allow us to answer your questions.

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aaafencemasterinfo · 7 years ago

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whconsulting · 2 years ago

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bryanfaganlaw · 5 years ago

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Division of military retirement pay in Texas divorces

If you have need a best suitable service your Child Law experience, Division of military retirement pay in Texas divorces with the great process!

Divorce Attorney Houston: The Federal laws that cover the division of military retirement pay in Texas divorces is known as the Uniformed Services Former Spouses Protection Act (USFSPA). It allows Texas family law courts to have the ability to treat retirement pay for veterans as either separate property owned by the veteran independent of their spouse or as community property that is subject to being divided up in the divorce.

Should the retirement pay in your divorce be determined to be separate property then you would not be at risk of having your spouse be able to walk away from the divorce with any of it. On the other hand, if your retirement benefits are considered to be community property then the laws that govern that subject in Texas would apply. The judge would be able to make a determination on a just and right division of those benefits between you and your spouse.

Retirement benefits would be lumped together with any other “piece” of community property that you and your spouse own. Your marital home, bank accounts, civilian retirement benefits, etc. are all pooled together and the judge would be charged with the responsibility of dividing it up between you both. In some situations, your court can even look to the retirement benefits as a source of income that can be tapped to pay spousal maintenance or child support. This does not happen frequently but it can happen under the USFSPA.

Does your family law court have jurisdiction over you and your spouse?

A relevant question to ask in a military divorce is whether or not the court in which your divorce has been filed actually has jurisdiction over you and your spouse. This means that you and/or your spouse must have minimum contact with the state of Texas in order for your court to have jurisdiction over your case. Keep in mind that only one of you must have those sort of minimum, basic contacts for your case to proceed in Texas.

An important aspect of the USFSPA is that it limits the methods by which Texas can assert jurisdiction over your case. You must be either a legal resident of Texas, have had your actual residence here or consent to the state having jurisdiction over your case. If a court cannot establish jurisdiction over your case for these reasons then it does not have jurisdiction to divide up your military retirement benefits.

What military benefits are actually divided in your Texas divorce?

Assuming that a court in Texas does have jurisdiction over your divorce it will have the ability to divide only your disposable retirement pay and not all of your retirement pay. Disposable, for our purposes, means all monthly retirement pay of yours not counting amounts that are owned by you to the government for previous overpayments, amounts that are identified as compensation for a service-related disability or amounts which are deducted because of an election to provide an annuity to a spouse or former spouse.

Importantly, a recent Supreme Court case called Howell v. Howell came down and held that a state family law court cannot consider disability pay as community property when dividing up retirement benefits in your divorce. What this means on a ground level for you is that your family law court cannot award your spouse any part of your military disability pay and cannot increase the amount of other assets that your spouse receives in the division of your community property due to your receiving military disability pay. This is a huge win for veterans who have suffered service related injuries that have led to them being declared partially or totally disabled.

In effect, if you are or begin to receive in the future military disability benefits there will be a reduction in the level of retirement pension that is due to you and/or your spouse in your divorce case. You and your spouse have the ability to waive this and agree to have the disability pay included in any calculation but this does not happen with much frequency. If you and your spouse agree to do something like this, what you would need to do in your Mediated Settlement Agreement (MSA) is to state that you will increase the amount of your retirement pay your spouse will receive in order to make up for the deficiency caused by your receiving military disability pay.

How your spouse’s benefits award will be calculated

Houston Divorce Lawyers: The USFSPA requires that your spouse be awarded an amount of benefits that will be either a specific dollar amount (usually expressed monthly) or a percentage of disposable retirement pay. The manner in which the division of the retirement benefits occurs is up to the judge in your case.

There is a formula, however, that the law outlines on how it can be done. Essentially, your judge would need to take the number of years that you and your spouse were married while you were also serving in the military and would divide up that number of years by the years that you served in the military. That fraction is then multiplied by ½ to give a percentage of total military pay that your spouse would be entitled to when the retirement benefits are divided up.

An example to illustrate the above calculation

I realize that the previous paragraph, while accurate, may be a little confusing. With that in mind let’s consider an example that will present a real life scenario for you to think about:

Suppose that you served in the Marines for twenty years. Of those twenty years of service you were married to your spouse for the last ten. You and your spouse lived together for the entirety of those ten years. In the event that you all get a divorce your spouse would be eligible to receive 25% of your disposable military retirement pay. Note that your spouse would not be eligible to receive this portion fo you leave the military before you reach retirement age.

The math behind the “25%” figure that I offered you in the prior paragraph is determined this way: 120 months (12 months x 10 years of marriage), divided by 240 months (12 months x 20 years of total service) equals ½ (.5). When this percentage is multiplied by .5 we arrive at the 25% figure that was mentioned in the prior paragraph.

Future retirement pay

A Texas family law court can order that future retirement pay be divided up even if your right to receive that future pay has not yet vested. Practically speaking this means that your spouse will receive their percentage of your retirement benefits when and if you become eligible to receive the benefits and actually do start to collect.

A court cannot order you to retirement from the military in order to order the payment of future benefits. A court also cannot order you to serve in the military long enough for these benefits to vest in you. If it is ordered that you pay future retirement benefits as a result of your divorce and you do not

reach the tenure necessary for this to go into effect there will be no retirement pay to divide and therefore the provision would have no impact.

More on future military retirement benefits, and other issues related to this topic will be posted in tomorrow’s blog

Family Law Attorney Houston: Thank you for your interest and attention to this important topic. Texas is home to more active duty military and veterans than any other state and as a result our office has the privilege of representing many people associated with the military. We hope you will join us tomorrow as we continue to cover the subject of military benefits and retirement pay in a divorce.

If you have any questions regarding this topic or any other in the field of family law please do not hesitate to contact the Law Office of Bryan Fagan, PLLC. We offer free of charge consultations six days a week with our licensed family law attorneys. We can address your questions in a comfortable, pressure free environment here in our office. From Baytown to Katy, our office takes a lot of pride in representing people in our community just like you ... Continue Reading

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aaafencemasterinfo · 7 years ago

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Idaho Bellevue Abilene ( ID )

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A must use quick guide whenever you are getting a fence contractor Abilene TX with regard to your residential property

Requirements and also knowledge

Insurance is a need to

Area care soon after the project is carried out

Repairs as well as service contract with respect to projects accomplished

To know more details, Call us

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aaafencemasterinfo · 7 years ago

Text

Idaho Arco Abilene ( ID )

To know more details, Call us

A must use quick guide whenever you are getting a fence contractor Abilene TX with regard to your residential property

Requirements and also knowledge

Insurance is a need to

Area care soon after the project is carried out

Repairs as well as service contract with respect to projects accomplished

To know more details, Call us

pager: true, controls: false,

pause: 5000, adaptiveHeight: false, slideMargin: 30, responsive: [ { breakpoint:768, settings: { item:3, } }, { breakpoint:480, settings: { item:1, } } ] });

});

jQuery(window).load(function(){

jQuery(“.wug-second-wrap”).addClass(“wug-loaded”); jQuery(“.wug-gallery-pagination”).delay(1000).fadeIn();

});

loading …

Very important errors that need to be definitely prevented the second deciding on a fence contractor Abilene TX

These kinds of are normally the some important oversights which you must avoid making as soon as you prefer to employ a fence contractor TX.

To know more details, Call us

79605, 79603, 79601, 79606, 79602, 79607, 79563, 79699, 79697, 79698, 79604, 79608

Locations We Service

http://ift.tt/2hdAFVu

from WordPress http://ift.tt/2xiIyPk

#Uncategorized #AAA Fence Master

0 notes

aaafencemasterinfo · 7 years ago

Text

Idaho Ammon Abilene ( ID )

To know more details, Call us

A must use quick guide whenever you are getting a fence contractor Abilene TX with regard to your residential property

Requirements and also knowledge

Insurance is a need to

Area care soon after the project is carried out

Repairs as well as service contract with respect to projects accomplished

To know more details, Call us

pager: true, controls: false,

pause: 5000, adaptiveHeight: false, slideMargin: 30, responsive: [ { breakpoint:768, settings: { item:3, } }, { breakpoint:480, settings: { item:1, } } ] });

});

jQuery(window).load(function(){

jQuery(“.wug-second-wrap”).addClass(“wug-loaded”); jQuery(“.wug-gallery-pagination”).delay(1000).fadeIn();

});

loading …

Very important errors that need to be definitely prevented the second deciding on a fence contractor Abilene TX

These kinds of are normally the some important oversights which you must avoid making as soon as you prefer to employ a fence contractor TX.

To know more details, Call us

79605, 79603, 79601, 79606, 79602, 79607, 79563, 79699, 79697, 79698, 79604, 79608

Locations We Service

http://ift.tt/2hf6Noe

from WordPress http://ift.tt/2xitrW0

#Uncategorized #AAA Fence Master

0 notes