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October 2016 Archives

Dropping marriage rates complicate paternal rights

Paternity is the cornerstone of father's rights. Paternity is the formal legal process by which fathers can secure legal rights to raise and parent their child. Unless you have paternal rights, you have no rights to your child ? no right to custody or make decisions for their well-being. Additionally, paternity subjects fathers to mandatory child support obligations.

Texas updates child support guidelines every year

The Texas Attorney General releases updated child support guidelines every year. Child support payments are mandatory transfers of money from the non-custodial parent to the custodial parent. Child support is intended to ensure that the non-custodial parent continues to contribute and share in the cost of raising the child. Most states now use a set of guidelines to ensure that the courts impose fair obligations on all parties. This post will go over the 2016 Texas child support guidelines.

How do you stop fighting post-divorce?

Divorce, unfortunately, is rarely ever the end it is billed. You are often required to interact with your ex-spouse on a variety of occasions, especially if you are co-parenting a child. These continued interactions raise an interesting issue; if you were fighting when you were married, how do you stop the fighting now that you're divorced?

Unique issues for military divorce, Part 2

Divorce is complicated, emotionally, financially, and legally. As discussed in a previous post, it is even more complex when you are a member of the military. The military imposes a series of rules on its service members which are not always immediately apparent or intuitive. As discussed before, your residence in the military is not necessarily where you live.

Don't be fooled by these common Texas divorce myths

When a marriage begins to break down, friends and relatives are ready to share their stories and experiences regarding their own or their friends' divorces. However, people outside the legal profession are inundated with information through social media, much of which is incorrect. And, word-of-mouth stories have a tendency to become exaggerated.

Study finds higher rates of adoption among transgender children

The transgender community has been under the microscope in the past few years from bathroom concerns to privacy rights. North Carolina is currently engaged in a dispute with the Federal government regarding its bathroom policy. But while the controversies are brewing, a study found that transgender children are being adopted at higher rates than before. This post will go over the study and its implication for adoption policy.

Unique issues for military divorce, Part 1

Many of the rules inherent to the military are not entirely intuitive. For instance, military members do not acquire the residence of the state in which they are stationed. Service members, after completing boot camp, are assigned to a particular base. But when service members arrive at that base, even if it is in a new state, they do not acquire a new residence.

Should you withhold support payments in a custody dispute?

In short, no, you should not take retaliatory action to make your point during a dispute. The courts universally take a dim view of parents that stop child support payments as a bargaining chip in a custody dispute. From a legal standpoint, child support and custody arrangements are standalone legal issues. In fact, courts can and do order child support while forbidding visitation; it is rare, but it can happen.

Brad Pitt and Angelina Jolie file for divorce

Angelina Jolie filed for divorce earlier this month, September 19, which, under California law, gives Brad Pitt 30 days to file his response. California, like Texas, is a community property state. Community property, roughly, means that everything acquired during the marriage is jointly owned by both spouses. That means all the houses, retirement accounts, cash, and investments gained during the marriage are jointly owned by Brad Pitt and Angelina Jolie.

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