Sep 09
In this blog, we will talk about one of the most common retirement plans that you or your spouse might have – the 401(k) plan. Most people have heard of a 401(k) plan. Just in case you haven’t heard of a 401(k) plan, it is a retirement savings plan that is sponsored by an employer. It allows the employee to save and invest in some of their paycheck before federal taxes are withheld. However, taxes are paid when money from the 401(k) is withdrawn. So, how do you divide a 401(k)? Re...
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Valuation of a professional practice is rarely a simple process. In many cases, it will be a lengthy and complex one. When divorce is involved, the process can become even more difficult. Here, we will discuss some of the common problems that crop up when valuing a professional practice. Mainly, we will discuss transfer restrictions and how they affect the non-involved spouse, the effects of buy-sell agreements, and dirty tricks that you might run into. Transfer Restricti...
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A finding of family violence or neglect by a Texas family law judge unlocks the full power of the Texas court to make significant and in some, cases extraordinary remedies to protect the victimized child from ongoing abuse. Unfortunately, it is not an effective strategy for a Texas family lawyer to simply lodge accusations of Parental Alienation Syndrome with a long list of transgressions by the alienating parent. Blaming the alienating parent alone as a legal strategy ...
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In Texas, the Family Court has broad latitude to fashion a custody order to protect a child from child abuse, including emotional abuse resulting from parental alienation. The command of the law is for the Court to fashion a court order to provide a “safe, stable, and nonviolent environment for the child” and the court is guided at all times by the legislative mandate that the “best interest of the child shall always be the primary consideration of the court in determining conser...
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Parental alienation requires “two keys” to start and run the destructive behavioral system. Understanding the requirement of “two keys” is an important insight and helps the family law court and lawyer to see through the conflict cloud that obscures the root cause of parental alienation. The first key. The ignition of parental alienation syndrome is often a mistake, lapse in judgment, or life incident that befalls the disfavored or alienated parent. Examples of these e...
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Courts often make no changes to the parenting orders in Parental Alienation cases because the Court is unable to see through the “cloud of conflict,” generated by parental alienation. What is the “cloud of conflict”? The “cloud of conflict” refers to the difficulty for the Judge or Jury to understand the root cause. The “cloud of conflict” works like this: Trial commences and the Court observes that the parents of the child are not getting al...
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