Oct 18 2016

Who makes decisions regarding your child’s education?

In Texas, a suit for custody requires a court to allocate certain rights and duties between parents, including the right to make decisions regarding the child’s education. This can be a contentious issue, particularly when a child has special needs.

Generally, there are three ways a court will allocate this right: exclusively, independently, or subject to agreement.

Issues arise with all three.

Independent

For instance, the independent right to make decisions about the child’s education will only work as long as the parents agree. If a disagreement arises, the parents will likely find themselves back in court because the school will have conflicting positions.

Agreement

A court’s decision to allocate this right by agreement only sounds good and may work very well; however, again, parents are likely to find themselves back in court should a disagreement arise. “Tie-breakers” can be a useful tool in this situation to prevent further litigation, but be weary of “tie-breakers” that require school involvement. For example, if mom and dad cannot agree on an educational decision, then they will follow the recommendations of the school counselor. School officials are unlikely to get involved and, therefore, this type of arrangement could ultimately lead the parties back to the courthouse.

Exclusive

Finally, awarding the right to make decisions regarding the child’s education to one parent exclusively can lead to a “power struggle” where one parent feels left out while the other parent holds his or her exclusive right over the other’s head. This arrangement does not encourage cooperation and co-parenting and, consequently, can result in a greater likelihood that the parties will find themselves back in court.

Should you find yourself in this situation, it is important to work closely with your lawyer to develop a creative solution to the problem – hopefully one that will encourage co-parenting and reduce the possibility of future litigation.

Remember, ultimately, the standard for who makes the educational decisions and how is based on the best interest of the child.

Apr 17 2015

Community property vs. separate property

What is the difference between community property and separate property and why is it important in a divorce?

Texas uses a community-property system to govern the property rights of married people.

Community Property

Community property is the property acquired by either spouse during the marriage. Examples of community property can include cash on hand, a house or other type of real property interest, motor vehicles, insurance policies, investments, business interests, and retirement, such as a 401(k) or company pension plan.

Separate Property

Separate property generally consists of the following:

Property owned before the marriage (e.g., a house bought before the marriage);
Property acquired by gift (e.g., an engagement ring); or an
Inheritance.

Dividing Property

In Texas, courts divide the community property of the marriage upon divorce. However, courts are prohibited from dividing a party’s separate property, which is why the distinction can be so important in a divorce proceeding.

Should you have questions concerning your property rights, please do not hesitate to consult with a qualified lawyer specializing in family law. If you would like to contact the Law Office of Joshua Coffman, go here.

Mar 25 2015

Common law marriage in Texas

What is common law marriage?

In essence, a “common law marriage” is a marriage without a ceremony conducted by an authorized person. A common law marriage exists when a man and woman agree to be married and, thereafter, live together as husband and wife while representing to others in their community that they are, in fact, married. In Texas, there is no specific period of time a couple must live together before establishing a common law marriage.

Thought to be a remnant of the “dark ages” of family law, it is surprising how often this issue arises, whether in matters of divorce or probate. I, personally, have noticed that this situation is much more prevalent in the poorer communities among us.

This is one of the reasons our firm provides pro bono services to the disadvantaged. The issue of whether a party is married under “common law” can have a big impact on a person’s rights under the law. We believe, as the Texas Lawyer’s Creed proclaims, that it is a lawyer’s responsibility to assure that all persons have access to competent representation regardless of wealth or position in life.

If you would like to learn more, contact the Law Office of Joshua Coffman here.

Mar 07 2015

Calculating “net resources” for child support purposes

How is child support calculated?

One of the most frequently asked questions in the family law context concerns the calculation of child support. To calculate child support in Texas, the law provides a three-step process:

1. Determine “net resources”
2. Apply the child support guidelines to the “net resources” to determine the amount of support
3. Consider any other factors that might justify deviating from the guidelines and adjust the support as appropriate

Net Resources

The focus of this blog post will be on the calculation of “net resources,” which is often the most confusing issue among the three steps listed above. So, how does one calculate “net resources?”

To arrive at “net resources,” the starting point is a determination of all income earned on an annual basis (“gross income”). This amount includes: wage and salary income, self-employment income, severance pay, retirement pay, social security benefits, unemployment benefits, disability and workers’ compensation benefits, alimony, child support, net rental income, interest income, capital gains, trust distributions, annuity income, gifts, prizes and all other sources of income.

Next, the court will subtract certain items. The most common deductions include federal income taxes, social security taxes, and the cost of the child’s health insurance, i.e., his/her premiums. It is important to note that the figure used for federal income taxes is not always the exact amount paid, but rather, the rate for a single person claiming one personal deduction, as well as the standard deduction.

After taking the appropriate deductions, divide by 12 to arrive at the “monthly net resources.” This completes step one of the process of calculating child support.