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Recent Blog Posts

How Do Texas Courts Deal with Deadbeat Parents?

 Posted on August 30, 2023 in Child Support

Dallas, TX child support lawyerUnder Texas law, every parent has a legal responsibility to provide financial support to meet their child’s basic needs. If the parents do not live together, then the non-custodial parent (the parent whom the child does not live with physically) is ordered to pay the custodial parent (the parent the child does live with) child support to help cover the child’s needs. 

Unfortunately, some non-custodial parents think they should not have to pay their ex-partner any money – despite being court-ordered to do so – and will refuse to pay. There are even situations where a noncustodial parent will quit their job just to avoid paying. However, a new Texas law will penalize parents who do not pay child support. If your ex refuses to pay child support, a Texas family law attorney can help.

How Is Child Support Determined?

Although many noncustodial parents feel that the amount of child support they have been ordered to pay is unfair, the actual amount is based on their income using a formula set by the state. The court will calculate the parent’s net income. The amount the parent will pay is a percentage of that income and that percentage is set based on how many children are covered under the court order. For one child, the amount is 20 percent. An additional five percent is added on for each additional child, (i.e., 25 percent for two children).

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Why All Engaged Couples Should Consider Prenups

 Posted on August 21, 2023 in Uncategorized

Fort Worth family law attorneyWhile it may not seem like the most romantic thing a couple should do – in fact, it may seem counter-intuitive – one of the most important items an engaged couple should have on their wedding to-do list is to have a prenuptial agreement drawn up by a Texas family lawyer. Although the purpose of a prenup is to address what will happen to the couple’s assets should they divorce, it can actually add a positive aspect to the couple’s relationship.

Benefits of a Prenup

Honest Discussions

One of the most common reasons couples cite for divorcing is disagreements over finances. Unfortunately, many couples get caught up in the “romantic” side of dating, that they often do not learn what their partner’s attitude is when it comes to saving and spending until after they say, “I do.” This is especially true for couples who do not live together before getting married.

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When Do Texas Courts Award Sole Custody?

 Posted on August 13, 2023 in Co-parenting

Dallas, TX custody lawyerMany divorced parents can attest that one of the most emotional parts of a divorce is often what type of child custody order the court issues. Over the past few decades, child custody has evolved to include a much greater emphasis on shared parenting instead of sole custody with limited visitation for the other non-custodial parent. While the courts do recognize that it is usually in the best interest of the child for both parents to be actively involved in raising that child, there are situations where the court will instead award sole custody to one parent.

Child Custody in Texas

Under Texas family law, child custody is referred to as “conservatorship.” One type of conservator is joint managing conservator. This is when both parents share significant decisions about the child, including healthcare, education, and religion. The court will also include a possession order which states how much parenting time each parent will have with the child.

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What Should I Bring to My Initial Consultation with My Personal Injury Attorney

 Posted on August 06, 2023 in Personal Injury

Dallas, TX personal injury lawyerIf you have been injured in an accident and have scheduled your first meeting with a personal injury attorney, you may be unsure of what information you should bring with you. In order for us to understand the full extent of the accident and your injuries, as well as provide you with a thorough case evaluation, you should bring as much information as you can. The following is a list of what that information should include.

Documents About the Accident

Make sure to bring all documentation you have of the accident, such as police reports, accident reports, and any letters or emails you have gotten from insurance companies. It is important to give your attorney the contact information of the other party or parties, as well as any witnesses to the accident. You should also bring your auto insurance policy documents with you. These documents can help your attorney understand your coverage and limitations.

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Why DIY Divorces Are Often a Bad Idea

 Posted on July 24, 2023 in Divorce

Dallas, TX divorce lawyerOver the past several years, there have been a number of online companies that have popped up, touting the idea of do-it-yourself (DIY) divorces. You can purchase all of the legal form templates from the company, fill them out, and mail them to the court that oversees family law cases in the county you live in. While this may seem like an easy, attractive, and inexpensive idea, the reality of divorce is often anything but simple. Even the friendliest of divorces can suddenly turn acrimonious when issues of child custody or divorce finances need to be addressed.

One of the significant dangers of a DIY divorce is the absence of professional legal advice. An attorney can provide invaluable guidance, explaining your rights and responsibilities, helping you understand the potential consequences of your decisions, and offering strategies to achieve the best outcome for your specific circumstances. The following are some of the reasons why a DIY may not be a good idea for your situation.

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Benefits of Working Video Chatting Into Your Parenting Plan

 Posted on July 18, 2023 in Children and Divorce

Dallas, TX divorce lawyerDivorce can be a challenging and emotionally charged experience, especially when children are involved. Maintaining a close relationship with your children is paramount, but going from having your children with you every day to a parenting time schedule can present a major set of challenges. Fortunately, thanks to advancements in technology, video communication has become a powerful tool for parents to stay connected with their children even when they are physically apart. The following are some of the benefits of including video communication as part of your parenting plan.

Face-to-Face Interaction

Video communication allows parents and children to see each other's faces and expressions, providing a sense of connection that cannot be reached through phone calls or text messages alone. Seeing each other's smiles, tears, and laughter helps to bridge the physical distance and maintain a deeper emotional bond.

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Challenges Many Couples Face in Gray Divorces

 Posted on July 13, 2023 in Divorce

Dallas, TX grey divorce attorneyGoing through a divorce at any age can be emotionally and financially challenging, but older couples face unique complexities and obstacles as they dissolve their marriage. This is often referred to as a “gray divorce” – one that involves couples who are 50 years of age or older. As the couple navigates the emotional, financial, and legal aspects of divorce, they will likely encounter one or more of the following challenges. Since couples between the ages of 50 to 64 currently have the highest rate of divorce in the U.S., it is important to be aware of all potential challenges before filing.

Financial Uncertainty

The financial impact of divorce can affect anyone, but is often a primary concern for couples involved in a gray divorce, especially if the couple has been married for many years. They may have spent decades together, building retirement savings, investments, properties, and other joint assets. The division of the marital estate – and the distribution of these assets – can be complex, especially when addressing pensions and retirement funds.

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Pursuing Damages Under the Texas Dram Shop Law

 Posted on July 07, 2023 in Uncategorized

Dallas, TX personal injury lawyerIn Texas, establishments such as bars, restaurants, and clubs, can be held legally accountable for the consequences of serving alcohol to visibly intoxicated individuals or minors who subsequently cause accidents that result in injuries or death to others. The following is a brief overview of the law. If you have been injured by a drunk driver, contact a Texas personal injury attorney for legal assistance.

Liability

Under the Texas Dram Shop Law, establishments that serve alcohol can be held liable for the actions of an intoxicated person if they continue to serve alcohol to that individual when it is clear that that person poses a danger to themselves or others. The purpose of the law is to prevent serving alcohol to those who are already visibly intoxicated.

The law places importance on the concept of visible intoxication, which refers to clear signs of impairment that would be evident to a reasonable person. It is not necessary for the individual to have a high blood alcohol concentration; rather, the focus is on their behavior, speech, coordination, and other observable signs of intoxication.

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What Are Temporary Orders in a Texas Divorce?

 Posted on June 28, 2023 in Divorce

Dallas Divorce AttorneyTemporary orders in divorce proceedings are legal directives issued by the court to address important matters that need immediate attention while the divorce case is ongoing. The purpose of temporary court orders is to establish temporary guidelines and arrangements for various aspects of the divorce, such as child custody, visitation, child support, spousal support, property use, and debt allocation. These orders help ensure stability and address immediate needs until a final divorce settlement or judgment is reached. The following is a brief overview of temporary orders in a divorce. Call Clark Law Group for more detailed information about your particular case.

Requesting Temporary Orders

Temporary orders provide interim solutions for critical issues that cannot wait until the completion of the divorce process. They help maintain the status quo and establish a framework for co-parenting, financial support, and asset allocation during the divorce proceedings.

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Five Issues to Address in a Texas High Asset Divorce

 Posted on June 19, 2023 in Divorce

Texas Divorce LawyerAlthough every divorce can have complicated issues, high asset divorces are especially complex due to the financial assets and decisions about those assets that are required to end the marriage. This is why it is recommended that anyone going through this type of legal action retains the services of an attorney who has extensive experience in high net worth divorces.

The following are issues that may need to be addressed in your high asset divorce. For more detailed information about your particular circumstances, call Clark Law Group.

Property Division

Property division becomes more complex in high asset divorces. Texas follows community property laws, which generally means that marital property is divided equally between spouses. However, determining what qualifies as marital property, separate property, and the value of assets can be intricate. High-value assets such as real estate, investments, businesses, retirement accounts, and valuable possessions require careful evaluation and expert valuation to ensure an equitable distribution.

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