Richmond Law Firm, PLLCRichmond Law Firm, PLLC2024-03-26T11:44:52Zhttps://www.richmondpllc.com/feed/atom/WordPressOn Behalf of Richmond Law Firm, PLLChttps://www.richmondpllc.com/?p=2560942024-03-26T11:44:52Z2024-03-26T11:44:52ZEstablish clear communication guidelines
Establishing clear communication guidelines is essential for co-parents navigating the challenges of raising children after a divorce or separation. This involves agreeing on the preferred methods of communication, such as text, email, phone calls or a co-parenting app.
Setting boundaries around communication can help manage expectations and reduce potential conflicts. This may include acceptable times for non-emergency contact and the expected timeframe for responses.
Focus on child-centric communication
Discussions should center around topics like educational progress, health issues, social activities and emotional concerns, instead of personal grievances between parents. By maintaining a child-centric approach, co-parents can encourage a more collaborative and less adversarial relationship. This benefits them and their.
Commit to regular updates and meetings
Regular updates and scheduled meetings can greatly improve co-parenting communication. These can be weekly or monthly check-ins to discuss upcoming events, changes in the children's routines or any concerns that need addressing.
Practice active listening and empathy
Active listening and empathy are foundational to improving communication between co-parents. This means truly hearing and trying to understand the other parent's perspective, even when disagreements arise.
Acknowledging each other's concerns and feelings without judgment can lead to more effective problem-solving and decision-making. Even in difficult conversations, demonstrating empathy and respect sets a positive example for children on how to handle conflicts constructively.
Having a suitable parenting plan is critical for all co-parents. Having various expectations spelled out can provide a foundation so both adults know what’s going on and can help the children to thrive in a stable environment. Seeking legal assistance to get this set up is beneficial so everything is handled in a legally enforceable manner.]]>by laceyrichmondhttps://www.richmondpllc.com/?p=2560112024-02-27T19:27:47Z2024-02-09T20:14:51ZGet Familiar with Zoom, Download the App, Give it a Trial Run
Learn how to use the Zoom application before the day of your Zoom appearance. It is recommended that you download the application on your phone or computer in advance, test your audio (microphone and speakers), and setup a Zoom conference with a friend a day or so before your Zoom appearance.
Do not wait until the day of your Zoom appearance. It is important that you have all of the technology up and running in advance of the day of your Zoom appearance.
Your camera and audio must work. Please test these in advance to ensure that the microphone and speakers work appropriately.
When you login to Zoom, make sure that your camera is steady. It is not advisable that you hold the device in your hand while the Zoom appearance is being conducted. Find a place where your device can be setup (for instance, leaning a phone against a wall) so the picture remains steady and still. If you are using a cell phone, turn the phone in a landscape or horizontal direction, rather than portrait or vertical.
The Zoom application requires Internet. Ensure that you have access to a steady Internet service with a stable connection. At least one day prior to your scheduled Zoom appearance, test the Internet connection that you will be using with the decide you will use for your Zoom appearance. If the Internet connection is not steady or stable, find a place with a better Internet connection.
Choose an Appropriate Location
When you attend a Zoom appearance, choose a location that is private, quiet, and appears professional. Avoid areas where people are conversing or moving around in the background. Ensure the space where you are sitting for the Zoom appearance is well-lit. Make all efforts to conduct the Zoom appearance sitting at a table or desk, as opposed to sitting on a bed or hammock. It is advisable that you do not take the call in a vehicle, and you absolutely must not take the call while driving.
If there are children involved in your case, you should be in a separate location than the children. You are likely to frustrate the Judge if the Judge learns that your children are in the home. It is advisable to have a babysitter, friend, or family member take the children to a park or another home while the Zoom appearance is being conducted.
Check your Zoom Name and Profile Photo
Your Zoom Name should reflect your full (first, last) name, and your Cause Number. If the Court your case is in requires something different, we will let you know.
You are not required to have a profile photo. The default profile photo for Zoom is typically the initials of your name. If you do have a profile photo, the photo should be professional and appropriate. Provocative or inappropriate profile photos are unacceptable.
Dress Appropriately
Proper courtroom attire is required – even in Zoom settings. Please review this Blog Post for details regarding proper courtroom attire.]]>On Behalf of Richmond Law Firm, PLLChttps://www.richmondpllc.com/?p=2560092024-01-25T15:55:37Z2024-01-25T15:55:37ZHow do modifications occur?
There are two potential approaches to custody modification in Texas. There are consent modifications in which both parents agree on specific changes to their existing co-parenting arrangements. The parents can file a request for an uncontested custody modification. The judge reviews the request and typically changes the existing custody order to reflect the new terms set by the parents.
Other times, the parents may disagree about the necessity of a modification. They may need to take the matter back to family court. Each parent typically has an opportunity to present their side of the case to the judge. The judge then determines what would be appropriate while keeping the focus on the best interest of the children.
Parents can request more time with the children when they have improved their circumstances or when there are signs that their co-parent does not properly meet the needs of the children. Parents may also request more decision-making authority or Clarity on certain decisions related to the children, including the decision to relocate and move with the children.
A formal modification secured through the courts is usually necessary for the legal protection of the adults in a family. Otherwise, they could face enforcement actions or possibly even allegations of parental kidnapping. All changes that aren’t formalized will also remain unenforceable.
Ultimately, realizing that changing a custody order is an option may benefit those struggling to make an outdated custody order work for their families.]]>by laceyrichmondhttps://www.richmondpllc.com/?p=2560052024-01-06T00:11:47Z2024-01-06T00:11:47ZHolley factors, which arose from the Holley v. Adams case. The Holley factors are:
The desires of the child;
The emotional and physical needs of the child now and in the future;
The emotional and physical danger (of one parent) to the child now and in the future;
The parental abilities of the individuals seeking custody;
The programs available to assist the parents;
The plans for the child by these individuals;
The stability of both parties’ homes and any acts or omissions of a parent which may indicate; that the existing parent-child relationship is not a proper one; and
Any excuse for the acts or omissions of a parent.
If your lawyer indicates that the Court will be considering the “best interest” of the child (which is considered in most family law cases), you should be prepared to:
Identify facts that you can apply that are good for you that can be applied to each of the Holley; and
Identify facts that you can apply that are negative about the other party that can be applied to each of the Holley.
You should also be prepared to defend against bad facts that the other side might say about you that might be applied to the Holley factors, and be prepared to counter good facts the other party might allege about themselves that you can contradict.
This list is not an exhaustive list of considerations, as the Court can consider other factors that may be appropriate. Further, the Court does not necessarily have to consider each of the factors above, and the Court can give more or less weight to any individual fact presented or factor to be considered.
]]>by laceyrichmondhttps://www.richmondpllc.com/?p=2559892023-12-11T19:21:11Z2023-12-11T19:21:11ZWhat is Community Property?
Texas law defines community property as all of the earnings and property of both spouses that is acquired during the course of the marriage. It does not matter whose name is on the note, title, account, or contract, so long as the item in question was purchased between the date that the parties got married and the date of the divorce. There are some exceptions to this general community property definition, including assets a spouse had prior to marriage, awards from personal injury settlements, inheritances directed to one spouse, and gifts that were designated for one spouse. These exceptions are identified as “separate property” and the court cannot award one party’s separate property to the other party. However, the party claiming to have separate property is responsible for proving to the court that certain property is, in fact, that party’s separate property.
Some of the most common examples of community property that may be totaled together for the process of property division include:
A home or real estate purchase during the marriage
Vehicles purchased during the marriage
Income from employment, including all tips, salaries, wages, and overtime
Retirement contributions to a 401k or pension accounts starting on the date of the marriage
Balances in savings and checking accounts (regardless of whether these are joint or single-owner accounts)
Payment for lost wages
Unemployment compensation
From the outset, it's vital to hire the right attorney who understands your financial position, your concerns heading into the divorce, and property you may wish to push harder for in court.
What Do Texas Judges Look at in Determining Community Property Division?
The Texas Family Code outlines that community property should be divided in a "just and right manner." Even when a judge tries to make things relatively equal, note that not all assets are necessarily equal. For example, dividing up a cash checking account may be relatively quick, but when compared with receiving a higher cash amount, the illiquid family home may have different financial implications for the receiving party. The home may be worth the same amount of money but must be sold at full market value to provide that person with the funds. For someone with more immediate cash flow needs, these are important considerations to discuss with a Texas family lawyer.
It is important to be able to come to the court with a full list of any and all community property so that you can verify that the total amount of accurate assets will be included in this division. While it is not uncommon for attorneys on both sides to aim for a 50-50 division of property during divorce, judges do have the discretion to apply numerous other factors to determine their final decision. Judges are not required to split things down the middle.
When deciding how to split up property, judges will look at things like:
Separate property owned by each spouse
Employability of the parties
Income earning potential of each spouse
Health needs or disabilities of a spouse
Health of each person
Ages of both parties
For example, perhaps one spouse does not have a high level of employability because they do not have proper education, training, or background. If this party gave up these opportunities in exchange for assisting as a homemaker, the judge may consider this in awarding property. The judge may determine that due to this spouse's inability to earn a living at the same level as the other party, that the homemaker spouse should be entitled to more in property division.
Hiring a Texas Family Lawyer Who Understands Community Property Division
When you get a divorce, there are many changes in your life. One of the biggest changes, and likely the most difficult change to adjust to, is your new financial position. Being able to step out of your divorce with a clear understanding of your assets and enough support to step into this new chapter can make a big difference in your life. As soon as you decide to file for divorce, or as soon as you learn that your spouse has filed, you need to discuss your specific case with the help of an attorney.
Working with the right lawyer can make it that much easier to understand all of the assets at play in a community property division and to have a comprehensive conversation about which assets make the most sense for you to receive. Your lawyer is then able to articulate these points in any conversations with the judge or the other attorney as necessary.
Contact Lacey N. Richmond to discuss your Texas divorce case today.]]>by laceyrichmondhttps://www.richmondpllc.com/?p=2559862023-12-11T19:19:05Z2023-12-06T01:59:03Z
A business suit
A dress (dresses that are sleeveless should be accompanied by a blazer, jacket, or cardigan)
A skirt with a blouse or sweater, or tailored slacks with a professional top or blouse
Khakis or similar dress pants with a collared dress shirt
Nice jeans with a dress shirt, blouse, or sweater
Do not wear shorts, tank tops, ball caps, or T-shirts. Do not wear flip flops, Crocs, or other “casual” footwear. Dress sandals for women are typically allowed, but may not be accepted in all courtrooms. If you wear jeans, do not wear jeans with holes, rips, tears, or fraying.
Women should avoid low-cut tops and short skirts or dresses.
Your hair should be combed and neat, and make-up should be worn in a professional, non-excessive manner. Your hair should be colored only natural colors (e.g., no pink, blue, orange, green, etc.).
Some courts are more relaxed than others with regard to dress code, but each court can exercise its own judgment on the propriety of attire and may make orders on a case-by-case basis.
Your appearance in court may be the very first, or one of the few times that the Judge in your case sees you. Your attire should reflect that your case is important to you, and that you took the time to properly prepare for your court appearance. Inappropriate or unprofessional dress can appear disrespectful towards the Court/ Judge (who will be making decisions about your case).]]>by laceyrichmondhttps://www.richmondpllc.com/?p=2559792023-12-06T01:57:29Z2023-12-05T22:54:22Z
Who gets to live in the marital home while the case is pending?
Who will pay the mortgage and vehicle notes while the case is pending?
Who will pay the parties’ debts while the case is pending?
Will one party pay temporary spousal support to the other party while the case is pending?
Will one party pay for the other party’s attorney’s fees?
Common temporary orders regarding children include:
Which parent will be the primary conservator while the case is pending?
What will the visitation (or, “possession and access”) schedule be while the case is pending?
Will a parent be required to pay child support to the other parent while the case is pending?
Which party will maintain health and dental insurance for the children while the case is pending?
The list above is not all-inclusive, but rather is intended to provide examples of what issues are commonly addressed in a hearing for temporary orders.
Temporary orders can be important in family law cases to minimize the risk of property being damaged or lost (i.e., the home going into foreclosure because neither party is paying the mortgage), and to ensure the safety and welfare of the children.
Below are examples of when temporary orders may be useful:
You file for divorce, and move out of the home. Your spouse refuses to allow you back in the home to get your belongings. Your spouse also stops paying the mortgage on the house. You can file a request for temporary orders to ask the court to make orders allowing you to retrieve your belongings on a certain date, and ask the court to make orders regarding who should pay the mortgage while your divorce case is pending.
You have a child with your significant other. You and your significant other separate and end your romantic relationship. The other parent then begins to refuse you access to your child. You file a suit to establish custody and visitation, but your trial will not be for 6-12 months. You can file a request for temporary orders to ask the court to give you temporary visitation of your child between the time you filed the case and the time your case goes to trial.
You file a suit for custody and child support. The other parent has not helped pay for any of the child's expenses and you would like to initiate child support payments right away. You can file a request for temporary orders to ask the court to make the other parent pay child support to you while your custody case is pending
Any party in a family law case can ask for temporary orders by filing a Motion for Temporary Orders. The judge will have a temporary orders hearing (so the judge can hear from both you and the other side). The judge will then make temporary orders.
The temporary orders will last until a final order is signed by the judge (or until the temporary orders are changed by the judge).
In some cases, the Court will require the parties to attend mediation to attempt to negotiate the terms of temporary orders before the Court will allow the parties to have a hearing for temporary orders. While a party may believe that there is no chance of reaching an agreement in mediation for temporary orders, that reasoning is rarely sufficient to forego the Court’s requirement.
]]>On Behalf of Richmond Law Firm, PLLChttps://www.richmondpllc.com/?p=2558612023-09-25T02:23:16Z2023-03-25T02:19:11ZWill My Overtime Pay and Benefits Be Included in My Income for the Purpose of Calculating Child Support?
Parents have a responsibility to support their children and that responsibility does not change in divorce. The determination of child support calculation is important for any parent who may be responsible for making these payments during or following a divorce.
What Does Texas Law Say About Income in Child Support?
Texas Family Code clarifies in Section 154.062 that the court calculates net resources for the purpose of determining child support liability with 100% of all salary and wage income and other compensation for personal services. This includes additional pay such as overtime, commissions, bonuses, and tips. This means that any and all of your wage and salary income is used for determining child support in Texas.
Working with a qualified Texas family lawyer is the best way to understand how this calculation affects you and to present overtime to a court as an average across the entire year. This is typically done through tax documents that show your average monthly salary amount.
In the event that you already have a child support order in place and there is a significant change in your overtime pay, your attorney should help you decide whether or not this is substantial enough to ask for a modification in child support.
Understanding Gross Income in Child Support Cases
The court looks at the annual income of an individual and divides this by 12 to arrive at an average gross monthly income. This incorporates all wages as stated above including things such as net rental income, income from dividends interests and royalties, self-employment income, salary, wages and overtime pay, any other income such as capital gains benefits, social security benefits, or annuities, and other sorts of income like disability, workers compensation, alimony, prizes, gifts and pensions.
Child support evaluations start with the categorization of gross income. At that point, however, child support must be determined from net income. Net income is your gross income minus any approved deductions. Approved deductions include things such as federal income taxes, Medicare and social security taxes, state income tax, union dues, and any health insurance funds that apply to your shared children. After these deductions have been subtracted, the net income number remaining is used to calculate child support.
How Much Does a Non-Custodial Parent Typically Pay?
The factors listed above will be included in the child support evaluation, but the average non-custodial parent will owe approximately 20% of their net income to the custodial parent that is in support of one child. This percentage goes up by 5% for every additional child up to five children total.
The purpose of taking this approach is to represent the best interests of the children involved. This means that the state does not alter any child support payments in accordance with how much time that non-custodial parent spends with his or her children. Judges do have some discretion in making child support determinations, however, which is why it is so important to work with a qualified Texas family lawyer to help you.
Noncustodial parents with children in several households may have a child support order adjusted to account for this.
Are There Any Wage Caps for Net Income Calculations?
Periodically lawmakers in Texas will modify the Texas wage cap for inflation for those non-custodial parents who earn significant money. This means that only in rare situations will the courts order child support payments beyond 20% of the parent’s net income plus 5% for every additional child. In 2019, this cap was increased to $9,200.
What if a Non-Custodial Parent is Unemployed?
If a non-custodial parent is intentionally underemployed or unemployed, the court can make adjustments for these concerns. If the court determines, for example, that the non-custodial parent is choosing to work for less than they are capable of earning in the market, the calculation factors may be altered to arrive at a more representative income. In the event that the non-custodial parent has no employment whatsoever, the court will calculate a standard 40-hour work week amount at the federal minimum wage.
What Deductions Aren't Considered When Calculating Your Income?
Child support payments are calculated by looking at your take home pay. For example, this means that money that goes into your 401k rather than into your bank account is not considered as a deduction when determining how much you owe for child support.
How is Child Support Paid in Texas?
If you're ordered to pay child support in Texas, it can be paid in one of a few ways:
Deduction directly from your paycheck (income withholding)
Online through electronic payment methods
Money or check submitted through the State Disbursement Unit
However, most Courts now require that child support be deducted directly from your paycheck.
Penalties may apply if a parent refuses to pay their ordered child support. If the person knowingly or intentionally fails to provide payment, that parent may face criminal non-support charges.
Failing to pay child support can also lead to other consequences, such as:
Having your wages garnished to make child support payments
Having a lien put against your property
Losing your driver's license or professional license
Being blocked from getting a passport
Having your tax refund seized
Your credit score going down due to back due child support
Having to pay the other party’s attorney’s fees
Why Do I Need a Child Support Lawyer?
Even though many facets of Texas child support are handled based on calculations and set factors, you may need a lawyer to help make the case for more or less child support depending on your situation. You can request this through a modification of child support order. When you have a Texas family lawyer at your side to help you with each aspect of your case, you'll be more clear about your rights and responsibilities and understand if and when you can change an order.
Let Houston family lawyer Lacey N. Richmond help you with getting or adjusting a Texas child support order. Reach out to schedule a consultation.]]>