Sep 03
Let's drill down the factors that could determine child support in special cases. (more…)
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Many factors go into determining custody. Courts will look at the many factors when deciding who will be awarded custody. The court will consider the following factors: The best interest of the child; Past parental involvement/participation in the child's life; How much the parents can co-parent regarding visitation and access to the child; The stability of a household; Consistency in the child's life (Courts try to avoid disrupting the child's current routine as much as possible); Abuse,...
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We've all seen the videos: One partner gets down on one knee, offers their significant other a ring, and proposes marriage. Their partner says yes, and he or she slides the ring onto their partner's finger. All is bliss—until it is not, and the engagement is broken. When the wedding is called off, the recipient often claims they get to keep the ring because it was a gift, but the giver claims the ring is theirs because they purchased it. Who is right? The answer is simple: We must look ...
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Temporary Orders for Your Home Most divorces begin with the need for Temporary Orders. Temporary Orders are the rules by which all parties must abide until the divorce is final. Texas doesn't recognize legal separation, so rules like these are especially helpful in determining who will live where during this time period. Until the Divorce Decree is issued, Temporary Orders help to encourage order, civility, and the safest environment possible for the parties involved as the case progresse...
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If there is a separate property interest in a house? The court has only two options: award the house to the spouse with the separate property interest or order to sell the house. If either spouse has any amount of separate property interest in a house, the trial court does not have the ability to award the property to the other spouse. A court also cannot divest a spouse of his or her separate property interest in a house. Once the separate property interest is proven, the trial court can on...
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Sometimes when couples get married, one spouse already has children from a previous relationship, and this new marriage creates a stepparent relationship between that new partner and the child. In some cases, this stepparent is either the first or only mother or father-figure in the child's life, so it is natural for the two to develop a strong bond. This bond can also form if the spouses are married for an extended period of time. Regardless of how that bond forms, if the c...
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Property division during a divorce is always a hot-button issue, but division is more complex if a family-owned business is the primary income generator. When the time comes for the spouses to separate their assets, their business will generally be considered property that must be valued and split. To divide the business, either one party can purchase the interest of the other, or the couple sells the company and shares the profits. In either case, the business must be valuated. Valuations a...
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