The Law Offices of Suzanne Schwab-Radcliffe, PLLCThe Law Offices of Suzanne Schwab-Radcliffe, PLLC2025-03-31T13:29:10Zhttps://www.schwabradcliffe.com/feed/atom/WordPress/wp-content/uploads/sites/1605318/2020/11/cropped-favicon-img-32x32.pngOn Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[An introduction to parenting plans]]>https://www.schwabradcliffe.com/?p=490542022-07-27T05:50:52Z2021-11-11T20:24:50Zlearn the art of coparenting to give your child the support they need to thrive. While you and your ex may not like each other, it is important to find a way to work together to do what is in the best interest of your child, no matter the circumstances.
What should be included in a parenting plan?
During the divorce process, you and your ex can come up with a parenting plan to address the various child custody issues that may arise. Your parenting plan may answer some or all of the following questions:
Which parent’s house will serve as the primary residence?
How will your family navigate pickups/drop-offs?
What extra-curricular activities will the child participate in and who will pay for these activities?
What religion will the child be raised with, if any? Will they participate in any religious activities?
Who will be in charge of making decisions relating to the child’s healthcare?
Where will the child attend school?
Prioritize your child while creating your agreement
Developing a parenting agreement with someone you are no longer in a relationship with can be difficult, but your focus should always be on the well-being of your child. A family law attorney can help make sure that your child’s needs are prioritized as you create your parenting plan. Once you and your ex have agreed on the parenting plan and it has been approved by the court, it becomes legally binding and you both must abide by the terms of the plan.]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Robert De Niro divorce shows property division is complicated]]>https://www.schwabradcliffe.com/?p=490492022-07-27T05:50:55Z2021-10-25T10:39:51ZThe most recent court ruling
After the couple’s 2004 prenuptial agreement was upheld in February, Ms. Hightower still sought a piece of Mr. De Niro’s fortune. The Manhattan Supreme Court Judge, Matthew Cooper, found that because of the prenuptial agreement, Ms. Hightower was not entitled to any of his estate.
Not a complete loss though
Nonetheless, the prenuptial agreement did allow for other monetary transfers. Specifically, Judge Cooper ordered Mr. De Niro to pay Ms. Hightower $6 million for a new home, and he will have to pay her $1 million in alimony. This obligation will be until either passes or she gets remarried.
How the prenuptial agreement affected the case
The prenuptial agreement stated: “The husband’s income earned during the marriage and other business assets acquired during that time are his separate property.” As such, since the agreement was upheld, the judge was bound by its terms, which mandated that Ms. Hightower was not privy to Mr. De Niro’s assets or income from his film productions and business portfolio that includes high-successful restaurants and hotels.
The marriage
This seems to be the last part of their property division, so the divorce will likely be settled soon. This has been an ongoing legal drama since 2018 after 24 years of marriage and two children.
It is likely that our Houston, Texas, readers are wondering why this matters to them. And, on its face, the case itself does not, but we can learn from it. First, and most importantly, a prenuptial agreement can be key in a divorce. And, second, divorce is complicated.
]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Child custody and conservatorship in Texas]]>https://www.schwabradcliffe.com/?p=490332022-07-27T05:50:58Z2021-10-08T21:59:01Zguardianship" under Texas law.
Under Texas law, the term "conservatorship" applies to the rights and responsibilities parents have toward their children. Conservatorship is the legal relationship commonly known as child custody when there is a court order.
How it works
In the absence of a court order, the law assumes parents have all the rights of custody of their children. Either parent can live with the child, take the child on trips, make decisions about their upbringing and so on. However, if the parents have a court order, the law refers to their parental rights and responsibilities as conservatorship. A "conservator" is a person with court-ordered custody of a child.
Generally, there are three types of conservators: joint managing conservators, sole managing conservators and possessory conservators. Texas courts presume that it is in the child's best interest to have both parents as joint managing conservators. The exact terms of of a joint conservatorship can vary, but in most cases one parent is the primary custodial parent and both parents have rights to visitation with their child and to make decisions about the child's upbringing.
The terminology in divorce and child custody law can be confusing. It can be helpful for parents to learn about their rights and legal options from a knowledgeable and experienced family law attorney.]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Community property and separate property in a Texas divorce]]>https://www.schwabradcliffe.com/?p=490112022-07-27T05:51:00Z2021-10-01T06:09:45Zcommunity and separate property in Texas.
Community property in Texas
According to Texas law, all property and income that is accrued during the course of a marriage is community property. For example, the family car will be community property as long as it was purchased within the duration of the marriage. It does not matter who paid for it. Some other example of community property would include:
Income from wages earned by both spouses, including tips, bonuses, etc.
Home or other real estate purchased during the course of marriage.
Contribution to pension and retirement accounts made by both spouses.
Compensation received for unemployment or for lost wages.
Money in bank accounts, irrespective of whether is a single or joint account.
Separate property in Texas
Per Texas law, it is possible to denote certain things as separate property as long as a spouse is able to prove that is separate. This includes property owned prior to the marriage, property received as inheritance or as a gift during the course of marriage, and money that a spouse may have received from a personal injury settlement. Some examples include:
A vehicle given to one spouse by his or her parents.
A house that one spouse inherited from his or her parents.
Jewelry or other such items that one spouse gifted to the other.
Retirement and pension account contributions made prior to the marriage.
Navigation through divorce property division
As mentioned earlier, divorce property division is often complicated. It can take immense amount of effort to determine whether an asset is community or separate property. There also remains that possibility that certain assets are hidden by a spouse. These issues often result in a conflict that can make the divorce process a bitter experience. In order to make sure that such bitterness is kept at bay, it may be a wise decision to seek professional help right at the onset so that the process is completed smoothly.
]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Who gets custody of the family dog in a Texas divorce?]]>https://www.schwabradcliffe.com/?p=490092022-07-27T05:51:03Z2021-09-24T20:19:07Zdeciding who gets the pet in the divorce, Texas still treats pets as property in the divorce.
Texas is a community property state
Generally, as a community property state, Texas courts will divide up all marital property equally between the divorcing spouses in the divorce. While many pieces of property acquired during the marriage can be easily divided during the property division process, splitting the family pet in two is obviously not an option.
In states that are using the "best interest" standard, courts can consider who is emotionally connected to the pet and who cares for the pet on a regular basis when deciding who gets to keep the pet in the divorce. However, since Texas does not allow for these considerations, courts must assign the pet a monetary value and will give the pet to one spouse, while the other spouse gets something else of similar value.
Cooperating with your ex may be the best option
Only you and your ex know the dynamics of your family and who had the closest relationship with the family pet. If possible, it may be better for you and your ex to agree on who gets the family pet without getting the courts involved. A family law attorney in your area may be able to help navigate these pet custody issues, as well as other common divorce issues.]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Important steps to take in your divorce]]>https://www.schwabradcliffe.com/?p=490062022-07-27T05:51:06Z2021-09-14T13:16:10Zcommingle their assets during marriage. It is important, after assuring your safety, to locate and properly value all of your property and debts.
Alternative dispute resolution
Mediation and arbitration are options that can help avoid the cost, time, and stress of going to court. These procedures allow spouses to keep more control over the resolution of issues and assure more privacy.
The value of assets
Property, especially a business, may be valued differently. Each spouse should obtain an independent valuation of significant assets to assure its fair division. A judge, mediator or arbitrator can review both valuations and help assure an equitable division.
Determine the appreciation of an asset that was obtained before marriage to assure that it is properly valued. Consider whether there are additional costs, such as house maintenance, that should be incorporated into the divorce agreement.
Hidden assets
Spouses may try to hide their assets in trusts or overseas accounts or transfer property temporarily to friends and family to keep more of their share of property. A forensic accountant and an attorney may help locate hidden assets.
Court orders can make a spouse produce documents or provide information about their assets or compel financial institutions to provide records of a spouse’s account.
Retirement Assets
Each spouse typically owns their own retirement accounts, but the accounts may have different values. A qualified domestic relations order allows for the division of these assets without penalty if both spouses are at least 59½. It is important to provide for a spouse who worked less to raise their children or made other contributions to the family.
Child support
The financial support needed for the children’s well-being is a significant issue. Each parent’s income, the time they will spend with their children and the children’s age are part of this calculation. Determining support should not be limited to routine expenses. College, medical and health insurance, and extracurricular expenses should be considered.
Divorce may affect college financial aid because many schools assume a contribution form each parent. Other issues include claiming the child tax credit and advanced child tax credit payments.]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Can one’s choice in career make divorce more likely?]]>https://www.schwabradcliffe.com/?p=490042022-07-27T05:51:08Z2021-08-25T06:14:47ZAccording to two websites, yes
Two websites, gobankingrates.com, a financial services website, and Zippia, a career website, looked at U.S. Census Data for young adults. They compared divorce rates to the divorcees’ careers to see if some careers had higher divorce rates than others. Surprisingly, the found that some careers do, in fact, have much higher divorce rates than average.
Military and police
At the top of both lists were active military, including first-line enlisted military supervisors, enlisted tactical operations and air weapons and military service generally. Of course, public safety and police officers were also similarly ranked. These jobs are likely at the top of these lists because they require long time periods away from the home, combined with the stress of not knowing whether a spouse will survive their shifts. This double whammy puts a huge strain on relationships because it both physically taxing (tasked that would usually be shared are only done by one spouse) and mentally exhausting (the constant worry of death or dismemberment).
Physically exhausting jobs
Most of the remaining jobs are labor intensive jobs that likely leave their participants exhausted, like Automotive Service and Avionic Technicians, Animal Caretakers, clerical jobs (i.e., secretaries, administrative assistants, etc.) and labor-based jobs (i.e., logging workers, winch operators, dredgers, conveyors, etc.), even skilled labor-based jobs, like Electricians and Electronic Equipment Mechanics, Installers and Repairers. These jobs likely have high divorce rates because the pay is usually relatively low, but even when it is not, they are extremely physically taxing jobs. This means that, at the end of the day, when the spouse returns home, they may not be able to physically devote themselves to their spouse as much as they would like.
Information, not life advice
One should probably not make life decisions based on these websites. Instead, our Houston, Texas, readers should take this as broad strokes. In other words, if one is not physically able to devote time to their spouse because of their work, then maybe, it is time to figure out a middle ground.
]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Can parents modify a custody order in Texas?]]>https://www.schwabradcliffe.com/?p=490022022-07-27T05:51:11Z2021-08-11T06:54:38Zcustody order that is in place. These orders state which parent will make decisions for the children as well as when the children will be in each parent’s care. If the parents divorce when they are young, the custody orders could be in place for many years. When new circumstances arise in the children’s or the parents’ lives, the current orders may no longer be in the children’s best interests.
Requirements for modifications
In these situations, the custody orders may need to be modified. The orders cannot be modified every time there is a change in plans though. In order to be modified, the circumstances must meet certain requirements.
One is there must be a material and substantial change in the circumstances. Another reason for a modification is if a child who is at least 12 years old wants to begin living primarily with the other parent. A modification is also allowed if the parent with primary residence decides to allow the child to live primarily with the other parent. Overall, any modification also must be in the best interests of the children.
There are many aspects of people’s lives in Texas which change over time. When the parents have current custody orders, they may need to modify the orders if they are no longer in the children’s best interests. The parents could reach agreements on their own, but if there are disagreements, the parents may need a judge to make the decision for them. Experienced attorneys understand modifications and may be a useful resource.
]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[How is property divided during a Texas divorce?]]>https://www.schwabradcliffe.com/?p=490002022-07-27T05:51:14Z2021-07-27T06:24:31Zcommunity property rules.
How is property divided during divorce in Texas?
Texas is a community property state. In community property states, property is considered owned equally by the divorcing spouses so it is divided equally between them when they divorce. Marital property is divided equally between the two spouses which is why it is important to also understand what is considered marital property.
What is considered community property?
Marital property is considered property and assets acquired during the marriage. Property that was acquired prior to the marriage; was a gift or inheritance of one of the spouses; or was awarded for personal injury damages is generally not considered community property. These forms of property are considered separate property and are typically not subject to the property division process. Specific examples of separate property can include birthday gifts; family heirlooms; items purchased prior to marriage; inheritances; and personal injury awards. In some situations, an overlap, or commingling, can occur and it is also helpful to understand what to do when property has been commingled.
Making informed decisions
When divorcing couples are approaching the property division process, they should understand how their property will be categorized and divided. It can help them better advocate for their interests as they navigate their divorce and property division settlement agreement.]]>On Behalf of The Law Offices of Suzanne Schwab-Radcliffe, PLLC<![CDATA[Texas child support order modifications]]>https://www.schwabradcliffe.com/?p=489982022-07-27T05:51:16Z2021-07-16T09:03:03Zmodification if the child support order was established or last modified more than three years ago or the monthly amount of child support differs by either 20% or $100 from the amount that would be awarded according to the state’s child support guidelines.
It may also be modified if the parents have a material and substantial change in circumstances since the last child support order was set. This may apply if the noncustodial parent’s income has increased or decreased, the noncustodial parent is legally responsible for other children or the child’s medical insurance coverage has changed.
If the noncustodial parent’s income has increased, it is possible that the amount of child support he or she is required to pay will go up.
Informal agreements and timeframe
Informal agreements between parents cannot change the child support order. It can only be changed by a court hearing or a negotiation called the Child Support Review Process.
In the review process, both parents must agree to the newly calculated amount. If they do not agree, the court will consider the modification request.
There is no set timeframe for when the modification will take effect. It often depends on the cooperation of both parents and their willingness to provide information to determine the new amount.
Child support orders and calculations can be complex. An experienced attorney can help parents with this issue and related matters.
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