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Question: I am a divorced father of two boys. I was a welder for many years until I finished my undergraduate degree and obtained my teaching certificate last year. I am now a teacher at a local school. My problem is I earn much less as a teacher, but my child support was based on my earnings as a welder. (30% more than my teacher's salary) What can I do? Answer: Congratulations on your new career path. You will have to file a new lawsuit (Motion to Modify) to reduce your child support obligation. You must prove a material and substantial change in circumstances such that a Court should enter a new child support order. The Texas Family Code sets out at least one scenario in which there is an automatic finding by the Court of a material and substantial change in circumstance. If it has been at least three years since the last Order and the monthly amount of child support awarded under that last Order differs by either 20 percent or $100.00 from the amount that would be awarded in accordance with the child support guidelines. The child support guidelines are found in the Texas Family Code. You should consult an attorney who practices family law to help you reduce your child support obligation. Question: My husband and I divorced three years ago, we have two children. We are both "Joint Managing Conservators" of the children. I have the right to decide where the children will live, but, only in Galveston County. I was offered a great new job in California, what can I do? Answer: First, seek an agreement with the father of the children to allow the move. If you and your ex husband can agree, SUBSTANTIAL time, money and emotions will be spared. If a compromise is achieved, contact a family attorney so the agreement can be properly placed before the Court and a new Order spelling out your agreement can be approved and signed by the Judge. If the agreement is not in writing and approved by the Court, it is not enforceable.If a compromise is impossible, you must seek a modification of your current Order. You will have to prove a material and substantial change in circumstances of a party or the child and also show that the requested modification would be in the best interest of the child. The CHALLENGE is TO DEMONSTRATE the move to California is in the best interest of your children. Your success in Court will depend on the facts of your specific family situation. Call a family attorney to discuss your options in detail before you accept the new job offer. Question: I am thinking about getting married and want to know if I should have a pre nuptial agreement prepared. I have a lot of assets and earn around $250,000.00 per year. My girlfriend is in school, she has no income or assets. Answer: Pre nuptial or premarital agreements are contracts prepared in contemplation of a marriage. Couples may agree to partition or exchange between themselves, at any time, any part of their community property, then existing or to be acquired, as the spouses may desire. They may also agree that the income or property arising from the separate property that is then owned by one of them, or that may thereafter be acquired, shall be the separate property of the owner. However, they may not include any provision that would adversely affect the right of a child to support. For example, the parties could agree that all property (earnings from employment) acquired during the marriage would be the separate property of the spouse who acquired the property. How do you enforce a premarital agreement? The premarital agreement is not enforceable if the party against whom enforcement is sought proves: (1) that he or she did not sign the agreement voluntarily or (2) the agreement is unconscionable (totality of the circumstances of the agreement, for example circumstances of the execution of the agreement, disparate bargaining power, capacity to contract, maturity of the individuals, business backgrounds, education levels, proximity in time to the marriage, absence of counsel, oppressive one sided nature of the agreement and the intent of the parties);and (3) the party resisting enforcement must also prove that before signing the agreement, she or he did not have or reasonablely could not have had adequate knowledge of the property or financial obligations of the other party. The foregoing explanation of premarital agreements is the "tip of the iceberg", the agreement is only beneficial if it can be enforced. A premarital agreement is a complex document, therefore, it should be drafted by a lawyer well versed in family law. Question: What is Parental Alienation Syndrome (PAS)? Answer: It involves a deliberate attempt by one parent to destroy their child or children's relationship and bond with the other parent. It involves a pattern of systematic attacks on the targeted parent and involves the child in that process. PAS occurs almost exclusively within the context of divorce. Some examples of how a parent alienates a child are: making disparaging remarks about the other parent; exposing the children to the details of the legal proceedings; denying access; having the children believe things that are untrue about the other parent (i.e., your mom or dad doesn't love you anymore; we can't afford food because your mom or dad doesn't care if we eat or not; exposing the children to issues in the marriage that they should not be; threatening children that they will lose the affection of the alienating parent if they see or talk to their other parent. Young children are dependent on their parents for their essential care and nurturing. When parents separate, many children feel that they have been abandoned and/or have lost the parent who has moved out of the home. Because PAS\affected children come to learn that the alienating parent's love for them is at the expense of hating and rejecting the other parent, they cannot risk losing that parent. Children are acutely aware that they are at the center of their parents' conflict. It places them in a no win situation because children should never have to choose between parents. Children exposed to the influences of an alienating parent are under tremendous pressure. When the stress and anxiety of the conflict becomes too great, children will often give into the alienating parent's demands and align themselves with him or her.
Unless otherwise indicated, Not Certified by the Texas Board of Legal Specialization. |
