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January 8, 2019 Is The Start Of Texas Legislative Session Every two years, the Texas Legislature convenes for a 140-day regular legislative session. During the session, they attempt to pass bills that will correct some of the current flaws of our family court system. In between regular legislative sessions, legislative committees study key issues; also, they “research information that will help guide future legislative decisions.” The 86th Texas Legislature began on January 8, 2019 and conclude on May 27, 2019. Make your voice heard by contacting your representatives. On January 8th, approximately 400 bills were passed, but only 20% will be law.…Read More

What Are The Stages Of Mediation? Mediation is another means of resolving a disagreement outside of court. The goal is to resolve the conflicts and settle the issues. Generally, there are five stages of mediation. Convening The Mediation Opening Session Communication Negotiation Closure The first stage is the opening or beginning of the mediation. At this point, the mediator will get the parties together and make sure everyone is present. A party is not required to hire an attorney to participate in a mediation. In fact, it is not needed. There are few cases, such as, if the other party…Read More

5 Benefits Of Mediation In Texas family courts, judges mandates mediation prior to final hearing. Although most people dread mediation, it is quite beneficial. The reason most parties do not like it is because they do not understand the mediation process. So, let us discuss five benefits of mediation. 1. Mediation Is Less Expensive Mediation is less costly than litigation. Between attorneys fees, court fees, filing fees, drive time and gas to court house for hearings, missed wages due to mandatory court visits, etc can all burn a deep hole in a party’s pocket. Also, most attorneys charge per hour.…Read More

Indefinite Child Support? The Court Decides. “I am paying child support indefinitely. That is not fair! How come and why should I pay it?” It may feel like it is unfair. In fact, you may feel like you have been placed on a never-ending punishment. However, first remember that in Texas, non-custodial parent pays 17.5%-20% in child support. In other words, the custodial parent is responsible for 80% to 82.5% of the support of a child. Can the court order me to pay child support continually? It depends on the facts about the child. For example, where the child is disabled, the…Read More

Divorce can be highly emotional because it is essentially the death of a relationship. At some point, there was an intimate connection to the person in the petition. Also, when children are involved, it can be difficult to adjust to a new life of separation. These children have to adjust to a new way of life where dad and mom are living in separate spaces. The holidays are the moment when we tend to celebrate family, love, and relationships. Likewise, it is also at this time when most divorce feel lonely and confront the feeling of separation. Mental Health America noted: “Many…Read More

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