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What happens to child support arrears after a parent dies? Let us take a look at Texas Family Code: Texas Family Code – Fam § 154.015. Acceleration Of Unpaid Child Support Obligation (a) In this section, “estate” has the meaning assigned by Chapter 22, Estates Section 3, Texas Probate Code. (b) If the child support obligor dies before the child support obligation terminates, the remaining unpaid balance of the child support obligation becomes payable on the date the obligor dies. (c) For purposes of this section, the court of continuing jurisdiction shall determine the amount of the unpaid child support obligation for each child of…Read More

The Earned Income Tax Credit, EITC or EIC, is a benefit for working people with low to moderate income. To qualify, you must meet certain requirements and file a tax return, even if you do not owe any tax or are not required to file. EITC reduces the amount of tax you owe and may give you a refund. In partnership with the Temporary Assistance for Needy Families (TANF) and the Internal Revenue Service (IRS), OCSE encourages eligible taxpayers to file for the Earned Income Tax Credit (EITC). Despite the success of the program, research reveals that perhaps 25% of eligible tax filers do…Read More

Child Support And Bankruptcy – The Exceptions To Discharge Of Debts. Bankruptcy is the process where a person or business declares its incapacity to pay back creditors. Bankruptcy is a legal process. When the debtor (person or entity that owes) is unable to pay outstanding debts, it may file for bankruptcy. The judge determines, based on the type of bankruptcy filed whether all debts will be discharged; other times, a judge puts the debtor on a payment schedule. Some people see bankruptcy as a fresh start. Although it does provide some form of relief, not all debts can be eliminated. Child…Read More

Divorce Is The Legal Dissolution Of A Marriage The keyword is ‘legal’ which means it must be dissolved by a court or a competent body. In Texas, separation is neither legal nor counted as divorce. Therefore, in order to get a divorce, you must petition the court for it. There are several steps to note when filing for divorce. First, the court must have jurisdiction over the suit. Yes, a divorce is a lawsuit that involves division of properties, custody of child(ren), temporary orders, and more. How do you know if the court has jurisdiction. Well, a party must have…Read More

Does The Office Of The Texas Attorney General Represent Me In Court? Whether you are the custodial parent or non-custodial parent, the office of Texas Attorney General does not represent you. Also known as Texas AG (Attorney General), the AG is the chief legal officer of the State of Texas. Its office handles several issues including consumer complaints and child support division. No, the AG does not represent an individual party, unless in limited circumstances. Section 231.109(d) of the Texas Family Code says, “An attorney employed to provide Title IV-D services [i.e., one of the AG’s attorneys] represents the interest of the state and not the interest…Read More

What Does It Mean To Be Served Legally? Service Of Process In Texas Whether you were served with a custody paper or civil lawsuit, service must be perfected. Unless you waived service, the person who filed the lawsuit (plaintiff) must ‘serve’ you (the person being sued / defendant) with a copy of the lawsuit and citation. This same rule apply to family lawsuits. However, the terms used are different. Except the parents have agreed to the custody issue, the parents who initiates the case (petitioner) is required to serve the other parents (respondent) the custody papers. The petitioner can pay a private…Read More

Under Texas Family Code Section 157.008, there are affirmative defenses that you can raise in your Answer when you face an allegation of contempt. TFC 157.008 States: (a) An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child. (b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor. (c)…Read More

Dental Insurance Required Effective September 2018! Texas Family Law Change: dental insurance coverage is a must according to the Texas Legislature. In 2015, the state amended the child support section of the Family Code with new law requiring dental insurance to be part of the medical support portion of child support orders. On September 1, 2018, the law takes effect. What does this mean? Additional child support obligations. Adding dental insurance coverage expands the requirement of medical support beyond the current level of routine medical care. While many parents currently provide dental and even vision coverage when it is offered,…Read More

What Is The Deadline To File An Answer? The answer depends on the type of case and court. Generally, in Texas, an Answer (response to a lawsuit or complaint filed in court) is due by 10 a.m. on Monday after the expiration of 20 days from the date of service. If the 20th day falls on a weekend, go to the Monday that follows. Simple version: Count 20 days from the date you were served (received) the petition; the Monday that follows (by 10 a.m.) is when your answer is due. In a family law case: After you have been…Read More

Family Law – How Does a Newborn Affects Current Child Custody Order? Perhaps you just had a baby. Congratulations! After you celebrate, take a look at your court order with your attorney. It is important to discuss how the new addition will affect any current child custody and child support order. Texas Family Code allows modification if there is a “material change of circumstance;” that is, if the person ordered to pay child support (Obligor) has a baby, then situations have changed. Where the Obligor (the person paying child support) has a new child, it is considered a material change in…Read More