Dallas Family Law Attorney: Year-Round School and Your Custody Order

This week WFAA reported that Dallas Independent School District is considering moving away from the traditional Fall through Spring school year in favor of a more “year-round” schedule.  The schedule would extend the school year into July, and include 20 additional class days.  It is hoped that a year-round school calendar will increase student performance.

But what will this do to parents who have to abide by a court-ordered visitation schedule?  Whether you have a Standard Possession Order (which comes from Texas Family Code §153.3101 – .317) or something more customized, odds are your visitation order makes a set schedule for Summer Vacation visits – and it was likely made with the idea that the kids would have a “normal” 10 – 12 week Summer Break from school.   If your children suddenly only get a 4 week break, you and your ex may have a scheduling nightmare.

First, try to work out an agreement with your ex.  You can vary from your visitation order by mutual agreement between both parents.  If that doesn’t work – and especially if you are the parent who would get “short-changed” by the shorter summer break – contact a family law attorney.  You may need to file for what is called a Modification of your possession schedule.  The Court would look at the changed circumstances that have arisen with the children’s new school schedule to try to come up with a new, more workable schedule that is in the children’s best interest.

Do you have questions or concerns about your Child Custody or Visitation Orders?  The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Original article from WFAA can be found here:  http://www.wfaa.com/news/local/DISD-considers-year-round-school-137010338.html

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Divorce: Changing Counties!

When a final order is entered on child custody and child support issues (either as part of a Divorce or a Suit Affecting the Parent-Child Relationship), the court that entered that order will have continuing exclusive jurisdiction of the case.  This means that any later lawsuit that you file to modify your court order will need to be filed in that same court.  Not a problem if you and your child still live in the same county where the original order was made.  But what if you and/or your child have moved to a different county?

Under Texas Family Code Section 155.201, the court with continuing exclusive jurisdiction of a child custody case MUST transfer that case to another Texas court if:

1)      A divorce between the parents of the child has been filed in that other court.  The Suit Affecting the Parent Child Relationship has to be heard in the same court as the divorce.

2)      The child the subject of the suit has lived for at least 6 months in a different county from the county that issued the original order.

Under Texas Family Code Section 155.202, your custody case MAY be transferred:

1)      If the child the subject of the suit has lived for less than 6 months in a different county from the county that issued the original order; or

2)      For the convenience of the parties and witnesses.

Have more questions about where to file your case or how to get it transferred?  The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Divorce Attorney: Can I File for Divorce if I am in Bankruptcy?

When you file for Bankruptcy, the filing of the bankruptcy case stops just about all activities and is referred to the automatic stay.  However, in Section 362(b)(2)of the Bankruptcy Abuse Prevention and Consumer Protection Act, the Bankruptcy Code provides that the automatic stay does not apply to any of the following family law situations:

A)    of the commencement or continuation of a civil action or proceeding—

i.       for establishment of paternity;

ii.       for the establishment or modification of an order for domestic support obligations;

iii.        concerning child custody or visitation;

iv.       for the dissolution of a marriage, except to the to the extent that such proceeding seeks to determine the division of property that is property of the estate; or

v.       regarding domestic violence.

B)    of the collection of a domestic support obligation from property that is not property of the estate;

C)    with respect to the withholding of income that is property of the estate or property of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statue.  11 U.S.C § 362 (b)(2).

So, you can file for divorce except to the to the extent that such proceeding seeks to determine the division of property that is property of the estate.   You can ask the bankruptcy court to lift the automatic stay in order to proceed with the property division.  The decision to proceed with the property division is left to the decision of the Bankruptcy court.

The Wright Firm, L.L.P. is a law firm representing clients in North Texas in bankruptcy, family law, immigration, criminal law, probate, and in tax matters.  For more information on our firm, please contact The Wright Firm, L.L.P., at 972-353-4600 or visit our websites at www.thewrightlawyers.com or www.northtexas-bankruptcy.com.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Divorce Attorney: Annulment v. Divorce?

What’s the difference between an annulment and a divorce?  Here are a few key differences:

1. Is the marriage valid to begin with?  An annulment is based on conditions existing BEFORE or AT THE TIME OF the wedding that prevent the marriage from being valid, whereas a divorce is based on problems AFTER the wedding that make the spouses want to end a valid marriage.  For example, if one spouse is underage on the wedding day – this is a ground for annulment.  If a spouse is caught cheating a week after the wedding – the marriage is valid, but the spouses want to end it.
2. Grounds.  There is no such thing as a “no-fault” annulment.  A divorce can be granted on no-fault grounds without proof of specific misconduct.  However, an annulment can only be granted if one of 7 very specific grounds is plead and proven.  You have to show the court WHY the marriage is not valid to get an annulment.
3. When to file?  You can file a divorce at any time during the marriage.  If you are filing for an annulment you must be very careful of the timing of filing.  Certain grounds of annulment require the case to be filed within 30 days, 90 days or one year of the date of marriage.  However if you are requesting an annulment based on mental incapacity, you can actually file the case AFTER the incapacitated spouse dies, as long as not more than one year has passed!
4. Cooling-off period.  There is a 60-day “cooling-off” period from the date you file your divorce before you can complete it.  There is no such cooling-off period for annulments.

If you are considering filing for a divorce or an annulment, The Wright Firm is here to help!  Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Divorce Lawyer: Texas laws allow parties to get divorced even thought they are in the country illegally. Under the laws of the State of Texas you must be a Texas resident for six months and a county resident for 90 days to file for a divorce. The Texas Family Code does not distinguish between “legal” and “illegal” residents. Many individuals avoid the Family Courts because they believe the court will report them to the Immigration Service; however, the court will not inquire as to immigration status and will not alert the government of your immigration status. So you are safe from deportation and can still get a divorce in Texas. For more information contact The Wright Firm, L.L.P. at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

¿Puede un inmigrante ilegal conseguir un divorcio en Texas?

Las leyes de Texas permiten que personas obtengan el divorcio apesar de ser ilegal. Bajo las leyes del estado de Texas usted debe ser un residente de Texas por seis meses y un residente del condado por 90 días para archivar un divorcio. El código de la familia de Texas no distingue entre “los residentes legales” y “ilegales”. Muchos individuos evitan las cortes de la familia porque creen que la corte los reportaran al servicio de la inmigración; sin embargo, la corte no investigará y no alertará el gobierno de su estado de la inmigración. Para más información contacte The Wright, L.L.P. en 972-353-4600 (los teléfonos contestados 24 horas al día) o visite nuestros web site en www.thewrightlawyers.com.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Divorce Attorney: I was checking the stats for the first half of the 2011 year for Denton County Family law cases and discovered that approximately 1494 cases were filed pro se.  Pro Se is where one represents himself or herself without the aid of legal counsel.  Now, this is not to say that you cannot represent yourself because surely you can.  And this is not to say that every case needs a Board Certified Super-Lawyer.  I would have to imagine that given the choice of having a lawyer or not  that most people would employ an attorney if they had the funds to hire one.   The truth is that some cases are not contested and don’t need a trial lawyer.  However, even in these cases, you still need to draft the appropriate documents and follow the applicable law.  There are some low cost alternatives to paying a lawyer by the hour if you have everything agreed.   Our firm offers a cheap divorce alternative.

Here are some of the choices:

Option 1 / Drafting Only, No Children – $500.00 Includes:

• Drafting the Original Petition, Waiver of Citation and Final Decree
• Detailed how-to instructions to take you from Filing to Final Hearing
• Does not include the filing fee

Option 2/ Drafting Only, Case Involves Children – $750.00 Includes:

• Drafting the Original Petition, Waiver of Citation, Final Decree and Employer’s Withholding Order
• Detailed how-to instructions to take you from Filing to Final Hearing
• Does not include the filing fee

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Clients complain to me all the time about how strange Dallas Family Law is.  Well, to all of those critics, I say take a look at the following weird marriage laws from other U.S. States:

1. Montana is the only state in America where BOTH the bride and the groom can use a “proxy” to stand in for them if they cannot be present at their own wedding.  (Okay, to be fair – Texas does permit ONE prospective spouse to appear by proxy.  See Texas Family Code Section 2.203)
2. For a few months, Arkansas law permitted ANYONE under 18 (even infants) to marry if they had parental consent.  The state legislators forgot to put in an age minimum! This goof was corrected in April 2008, and we will assume all toddler marriages have since been annulled.
3. I double-dare you to divorce me!  In Delaware an official legal ground for annulment is that you got married “because of a jest or dare.”
4. In Kentucky it is illegal to marry the same person 4 times.  You can get married to and divorced from different people, however, as many times as you want.
5. Massachusetts has a 2 unusual marriage laws to its credit:
   1. A married couple may not sleep in the nude in a rented room (what pervy innkeeper keeps an eye on this?); and
   2. In Truro, MA – A groom-to-be must prove his manliness by hunting and killing either 6 blackbirds or 3 crows.  Nothing more manly than a bird hunter!
   3. In South Carolina, it is a misdemeanor for a man over the age of 16 to propose marriage and not “mean it.”  But, I suppose if someone dared the guy to propose, he could always run to Delaware for an annulment…
   4. In Wichita, Kansas, a woman cannot use her husband’s mistreatment of her mother as a ground for divorce.  Good news for guys who hate their mother-in-law.
   5. Keep those lips to yourself!  In Hartford, Connecticut, it is illegal for married couples to kiss on Sunday.
   6. In New Orleans, Louisiana, it is against the law for a palm reader, fortune teller, or other “mystic” to perform a wedding ceremony.  Are they afraid the medium is going to tip off the couple about their future marital problems?

Have questions about our (much more normal!) Texas laws on marriage and divorce?  Give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Original MSN story can be found here: http://glo.msn.com/relationships/10-obscure-marriage-laws-5450.gallery?gt1=49006

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Family Law: Your divorce is final.  You got custody of the kids, and your ex was ordered by a judge to pay child support.  But now – it’s a few months later and he/she hasn’t paid you a dime!  How do you make the Dallas deadbeat pay?

The Texas Family Code has a whole chapter on this!  You should file what is called a Motion for Enforcement.  This will be filed under the same case number as your Dallas divorce or custody case.  Your Motion will need to specify a few things:

1. WHAT part of your divorce decree or custody order that your ex is violating.
2. HOW your ex is violating the order (i.e. by not paying).
3. WHAT relief you are asking the Court to grant you.
4. EACH date that a payment was due, how much was paid on each date ($0.00 may be the answer), and what the total unpaid amount is.

You should also attach a copy of the official payment record maintained by the Office of the Attorney General.  In some counties, this is available at the District Clerk’s office.  If not, check the Attorney General’s website at https://childsupport.oag.state.tx.us/wps/portal/csi.

The enforcement process is similar in nature to a criminal trial, because the deadbeat parent can potentially be jailed for violating a Court’s order.  A parent found to be in contempt of court for violating a child support order may be fined, jailed, ordered to pay past due as well as current child support, and even ordered to pay YOUR attorney fees for having to go to the expense of suing to enforce the Court’s order.

If you want help filing a Motion for Enforcement of a child support order, the Dallas Family Law Attorneys at The Wright Firm are here to help you!  Give us a call at (972) 353-4600, or check us out on the web at www.thewrightlawyers.com.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

On June 17, 2011 the Governor of Texas, Rick Perry, signed into law Bill 901 which will go into effect September 1, 2011 and will modify Chapter 8 of the Texas Family Code, the section regulating spousal maintenance in Texas. The new law clarifies certain terminology of the current code and includes some substantive changes.

(1) The bill modifies factors to be considered by the court in determining maintenance under § 8.052.

• The bill deletes factor seven of the current code, “the comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse.”
• The bill deletes factor twelve of the current code, “the efforts of the spouse seeking maintenance to pursue available employment counseling.”
• The bill adds adultery, cruel treatment, and any history or pattern of family violence as factors to be considered by the court.

(2) The bill changes the duration of a maintenance order in § 8.054 from a general maximum of three years to a maximum of either five years, seven years, or ten years depending on the duration of the marriage.

• If the spouses were married for not more than 20 years than the maximum duration of a maintenance order is five years.
• If the spouses were married to each other for at least twenty years but not more than thirty years the maximum duration of the maintenance order is seven years.
• If the spouses were married to each other for thirty years or more the maximum duration of the maintenance order is ten years.

(3) The bill changes the amount of maintenance in § 8.055 from the lesser of $2,5000 or 20 percent of the spouse’s average monthly gross income to the lesser of $5,000 or 20 percent of the spouse’s average monthly gross income.

• The bill also adds a new section under § 8.055 that identifies what is included in and excluded from the calculation of gross income.

(4) The bill adds to § 8.056, the section on termination, that the termination of maintenance by the court does not terminate the obligation to pay the maintenance that accrued before the date of termination.

(5) The bill changes the modification of a maintenance order, § 8.057, to include modification on a proper showing of not only a material and substantial change of either party but also on a proper showing of a material and substantial change to a child of the marriage.

(6) The bill adds a new section, § 8.0591, to address the issue of overpayment of maintenance. Under the new section the obligee, regardless of when the payment was made by the obligor, must return to the obligor any maintenance payment that exceeds the amount ordered or approved by the court. An obligor may file suit to recover overpaid maintenance. If the court finds the obligee failed to return overpaid maintenance the court shall order the obligee to pay the obligor’s attorney’s fees and all court costs in addition to the amount of the overpaid maintenance.

For more information contact The Wright Firm, LLP at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.  We have offices in Dallas, Denton, and Lewisville.  We also have offices by appointment only in Frisco, Plano, and Ft. Worth.

The Wright Firm, LLP Family - Dallas Family Law Attorneys

Dallas Family Law: When a divorced parent remarries, often times their new spouse wants to legally adopt their children. Step-parent adoption in Texas is not as simple as you may think. The first step in step-parent adoption is terminating the parental rights of the non-custodial parent. Termination requires either that the non-custodial parent voluntarily relinquishes their parental rights or it requires court intervention to terminate the parent’s rights. Termination of parental rights will likely be a highly contested issue because Texas law states that termination of parental rights once completed is final and irrevocable. For more information contact The Wright Firm, LLP at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com or reading this on your cell phone -go to www.thewrightlawyers.mobi.

The Wright Firm, LLP Family - Dallas Family Law Attorneys