Izzo & Associates, PLLC2024-02-14T17:47:44Zhttps://www.izzoassociateslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1403937/2023/04/cropped-favicon-32x32.pngOn Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473792024-02-14T17:47:44Z2024-02-14T17:47:44ZWho is required to pay child support?
Typically, the parent who has primary possession of the child will receive support from the other parent – although even a parent with equal possession may end up paying support to the other parent if they have significant income differences. In Texas, the amount a parent pays is based solely on the parent’s income and the number of children they’re supporting.
How is child support calculated?
If you’re ordered to pay child support as an unmarried father, in general, the court will look at all your income sources (with a few exceptions), such as:
Wages and self-employment
Commissions, overtime, tips and bonuses
Royalties, dividends and interest income from annuities or trusts
Rental incomes
Retirement benefits, pensions and Social Security
The court will not look at the income or resources of your spouse (if you have one), nor will they count any needs-based income, such as Supplemental Security Income or other assistance programs. Once your total income is determined, the court will deduct your taxes, non-discretionary retirement contributions and whatever you pay for your child’s health insurance or medical bills.
That allows for a total yearly net income that can then be divided by 12 to get your net monthly income. If that is below $9,200, you will pay a percentage of your net monthly income in support. For one child, you can expect to pay 20%. If you have more than $9,200 in net monthly income, you may be required to pay more (up to 100% of your child’s needs).
Child support lasts until your child turns 18 years of age or graduates high school, whichever happens last. If a child is disabled, support obligations may last indefinitely.
If you have questions about your support obligations, don’t guess: Seeking experienced legal guidance can help you meet your obligations and assert your rights effectively and in informed ways.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473582023-12-19T17:51:47Z2023-12-19T17:51:47Zthey hear the news from you than if a family friend lets them in on the secret. How should you go about having this difficult conversation? Consider keeping the following tips in mind.
Anticipate your kids’ emotional responses
Divorce can elicit a range of emotions in children, including confusion, anger and sadness. It’s crucial to understand that every child reacts differently. By acknowledging and validating your kids’ emotions, you create a foundation for open communication. Remember to promote an open dialogue where your children feel comfortable expressing their emotions. Encourage questions and provide reassurance that their feelings are valid.
Initiate age-appropriate conversations
Tailoring your message to your child’s age is essential. Younger children may need simpler explanations, while teenagers may require more detailed information. Strive to strike the balance between transparency and age-appropriate details.
When you’re ready to have the divorce conversation, select a quiet and comfortable space where your children feel secure. Minimizing distractions can help to ensure that you have their full attention. This environment fosters a sense of safety and allows for a more focused conversation.
Timing plays a pivotal role in delivering such news. Avoid discussing the divorce during stressful periods, such as exam weeks or special occasions. Choose a time when your children can process the information without additional pressure.
Remember to present a united front with your partner during this discussion, if at all possible. A cohesive message can better assure your children that despite the changes, both parents remain committed to their well-being. More importantly, be honest about the reasons for the divorce without assigning blame. Emphasize that the decision is about the relationship between you and your co-parent and not a reflection of the children’s behavior.
Navigating a conversation about divorce with your children is undoubtedly challenging, but with empathy, honesty and strategic place/timing, you can help them cope with the changes. Remember, the key is to foster a safe environment where your children feel heard, understood and loved despite the challenges presented by the divorce.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473512023-10-11T13:32:39Z2023-10-11T13:32:39ZTypes of possession orders in Texas
Unless a child is under three, the law presumes that a standard possession order will be followed. The specifics of a standard possession order can be determined by the parents. If they can’t agree, a judge will set the terms based on the law.
There are three other types of possession orders:
Modified: This can be used if a standard order isn’t working or appropriate.
Possession order for a child under three: This assumes that young children have unique needs.
Supervised: This is for cases where another adult must be present with a parent and child for a child’s safety and well-being.
It’s possible (and not uncommon) to start with one type of order and then move to another type as things change.
Understanding conservatorship
Another term you’ve likely seen that can be confusing in the context of co-parenting is conservatorship. It refers to decision-making authority over a child that’s detailed in a court order. In some states that’s called “legal custody.”
Texas recognizes three types of conservators for a child:
Joint managing conservator: When both parents have the right to make major decisions for their child on things like education and medical care, they’re considered joint managing conservators. This is separate from how much time a child spends with each parent, as outlined in the possession order.
Sole managing conservator: This is a parent with all the parental decision-making authority for a child. It’s typically used when there’s a history of parental substance abuse, violence or neglect or one parent is largely absent.
Possessory conservator: When one parent is the sole managing conservator, the other is often the possessory conservator. They have the right to spend time with their child but have no authority to make major life decisions for them.
It’s a lot to consider, and this introduction to these subjects only scratches their surface. By seeking experienced legal guidance, however, you can work to get the best possible agreements in place for your child via a truly informed approach.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473392023-09-21T20:47:11Z2023-09-21T20:47:11Zyour retirement savings -- or at least your fair share of it -- as part of your divorce's asset division is crucial.
Unlike most states, here in Texas, we practice community property in divorce asset division. All community property, which are most things acquired during the marriage, must be divided 50/50, while separate property belongs to each spouse alone. Thus, you likely are entitled to half of the retirement savings, whether you contributed through earning an income or indirectly through focusing on raising the children and keeping the house so your spouse could concentrate on their career.
An exception to this 50/50 requirement could come from a prenuptial agreement, which is a contract a couple negotiates and agrees to before getting married. You can use a prenup to determine ahead of time how you would divide your assets if you ever divorce. This can make divorce and post-divorce retirement planning more predictable.
Making sure you know what your 401(k) is worth
With community property, so much depends on getting an accurate valuation. You might think this would be fairly straightforward with a 401(k) or other retirement account, which your broker regularly sends you statements for. But an unscrupulous spouse might try withdrawing from the account or hiding it to avoid sharing it. This is against the law and an experienced divorce attorney will be able to detect suspicious activity.
Worries about affording retirement do not have to be a reason to stay in a failed marriage. The help of a skilled divorce attorney can ensure that your golden years are enjoyable and financially stable.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473322023-09-16T19:02:02Z2023-09-19T18:29:25ZFive ways to make divorce easier on your children in Austin
You probably cannot stop your kids from feeling traumatized by the divorce, but you can take steps to ease the process and ensure they adjust to the new arrangement as smoothly as possible.
If possible, you and your spouse should commit to keeping the lines of communication open regarding the kids. Not only will open, honest and well-intentioned communication allow you to continue co-parenting more effectively, it also shows your children that despite living apart, you and your ex are still working together to raise them and stay in their lives during and after the divorce proceedings.
When communicating with your ex, try to keep your words respectful and businesslike, especially when the kids are around.
Develop a written parenting plan that includes important decisions on how to raise the children and a fair and effective method for resolving conflicts. This can help reduce tension and fights over the children, which can help keep the kids feeling caught in the middle.
Keep things as consistent as possible between the two homes. Work with your ex to maintain the same schedules, routines and rules whether the kids are staying at your ex's home or yours.
Be there for your kids emotionally. Give them opportunities to express their feelings about the divorce, even when they seem "fine" from the outside. Listen and validate their feelings instead of trying to change them. Consider therapy if they are still struggling to adjust after a few months.
Most of all, make your children's best interests your top priority. This can mean compromising on custody and other things if it means the children will thrive. This can be difficult at times. But if you and your ex can keep this attitude, your children should have a much easier time adapting.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473242023-09-15T21:29:00Z2023-09-15T21:29:00Zchild support on their own, though the family court judge presiding over the divorce must sign off on it. If the parents cannot negotiate a settlement both sides can accept, the judge will have to decide.
Considerations when going off of standard child support
Child support is generally based on each parent's gross monthly income and the number of children the parties have together. But the state's child custody statute allows judges to deviate from this figure when necessary to protect the children's best interests. Reasons a judge might consider ordering more or less than what the standard formula says include:
The child's age
The child's educational expenses, such as private school tuition or tutoring
Child care expenses
Health care costs
As the years go on, your children's financial needs can change, as can the non-custodial parent's ability to pay. Either you or your co-parent can go back to court to ask for changes to the support order.
Determining child support is only part of the divorce process. But it's vital for divorcing parents to reach a level of support that is fair both to the children and the paying parent. Your divorce lawyer will work with you to reach a reasonable and sustainable number.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473222023-08-17T01:27:14Z2023-08-17T01:27:14Zseveral tips you can keep in mind to help your kids cope and adjust during your divorce.
Use open and honest communication
Explain the situation to your children in an age-appropriate and truthful manner. Encourage them to be open with you and to express their feelings, no matter what those feelings are. Reassure them that you and your spouse love them and that the divorce is not their fault.
Create stability, maintain routine
Routine schedules and general consistency can provide a sense of security for children amidst the changes from the divorce. Try to keep their daily routines, school schedules and extracurricular activities as stable as possible.
Avoid conflict in front of children
Minimize arguments or disagreements in the presence of your children. Create a respectful and calm environment when interacting with your ex-spouse, especially when the children are around. Do not blame your spouse for the divorce in front of the kids, even if you personally blame them.
Support their emotions
Encourage your children to express their feelings and talk through things. Don’t hesitate to validate their emotions. Give them a chance to ask questions. Let them know that it's okay to feel sad, angry or confused. Provide a safe space for them to talk about their emotions.
Listen actively
Along with letting them ask questions, be an active listener when your children want to talk. Sometimes, they may just need someone who understands to listen without offering immediate advice or solutions.
Have patience and give it time
Remember that it takes time for kids to embrace a new situation and a new family dynamic. It won’t happen overnight. Be patient with your children and give them the time and space necessary for them to consider and process their feelings.
Remember that every child is unique, and their reactions to divorce will vary. By providing understanding, support and a stable environment, you can help your children navigate the divorce process with resilience and attentiveness to their emotional well-being.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473202023-06-15T10:14:57Z2023-06-15T10:14:57ZTexas has a community property law
Each state has unique statutes that determine how married couples share their property when they divorce. Texas, along with a few other states, uses a community property approach to divide assets. However, the Texas approach to community property is different than what people expect.
It does not always result in a 50/50 division of property and assets. A judge can award one spouse far more of the marital or community property or make them responsible for more of the shared debts based on what they think is fair. Factors ranging from the length of the marriage and the health of each spouse to their earning potential and separate property will influence what a judge decides is appropriate and fair when dividing income and assets that the couple acquired during the marriage.
Texas couples have the option of settling
Some couples already have a signed marital agreement that provides clear instructions for the division of marital property. Others may feel very strongly about protecting specific assets, like their home or a business, and that will give them an incentive to cooperate with their spouse. So long as both spouses agree on the terms, they can potentially negotiate their own settlement for property division and then have a judge simply review and approve their terms. Those who cannot agree will then need to litigate, which means a judge will make the final decision about who keeps what from the marital estate.
Learning the rules that apply in Texas may help people better predict what will happen when they file for divorce. Seeking legal guidance is generally a good place to start.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=473092023-06-13T21:31:08Z2023-06-13T21:31:08ZThere are unique legal considerations those seeking child custody in Texas must be aware of when they weren't ever married to their co-parent.
When a married couple has a child in Texas, they are automatically recognized as legal parents and have equal rights to child custody. But when the parents aren't married, only the mother is legally recognized as a parent. Of course, this is only in the eyes of the law; parents are technically free to do whatever they want. This arrangement can work fine for those who can figure out how to parent effectively between themselves. But if unmarried parents can't do it independently, they'll need to take legal action to assert their rights and put arrangements that work in place.
Establishing Paternity In Texas
Because unmarried mothers are the only legally-recognized parents, unmarried fathers must officially establish their paternity to seek custody of their child.There are three ways to establish paternity in Texas:
Voluntary paternity establishment
Agreed paternity order
Court-ordered paternity
The most common way unmarried fathers establish paternity is through a process called voluntary paternity establishment. In this process, parents sign an Acknowledgment of Paternity, a document that officially names the father as the child's legal father. This document doesn't give the father many legal rights beyond that.An agreed paternity order is a court order that both parents and judge sign that states the father as the child's legal father. This order also outlines the father's rights regarding child custody, visitation, child support and medical support. If opting for this process, both parents must be able to agree on the terms of the paternity order.Court-ordered paternity can be helpful when the parents disagree on who the father is. In these cases, a judge orders the alleged father to take a paternity test and submit it to the court. The test consists of both parents and the child or children having their cheeks swabbed. A paternity test is up to 99% percent accurate. The test may occur in court, at a Child Support Office, or a local clinic. Over-the-counter tests are not acceptable forms of evidence in court. Like an agreed paternity order, court-ordered paternity accomplishes establishing a legal father and giving him rights regarding child custody, visitation, child support, and medical support.
Everyone Benefits From Establishing Paternity
While the benefits of establishing paternity are clear for unmarried fathers, there are also benefits for the mother and child. Establishing paternity allows the child to know who their father is if they don't already, which can give them a stronger sense of identity and foster their connection with their father and extended family on the father's side. Through this process, children may also become eligible to receive an inheritance from their father and his medical benefits, Social Security, and possibly veteran's benefits.Establishing paternity benefits mothers because it makes fathers legally responsible for their children. Giving fathers custody of or visitation with their children and receiving child and medical support from them can help offset the burden on mothers.
An Attorney Can Help You On Your Journey
If you're navigating child custody matters as an unmarried parent in Texas, an attorney can help you find your way and protect your and your child's rights.]]>On Behalf of Izzo & Associates, PLLChttps://www.izzoassociateslaw.com/?p=472512023-05-26T12:33:19Z2023-05-26T12:33:19ZTransferring assets from one spouse to another
In general, under the U.S. Tax Code, section 1041, when one divorcing spouse transfers property to another as part of their divorce settlement or proceedings, the transfer is not subject to capital gains taxes. However, if a capital asset is sold and the divorcing spouses divide the proceeds from the sale, capital gains taxes may apply.
What is a capital asset?
According to the IRS, a capital asset is any asset owned for personal or investment use. Capital assets include residential homes, vacation houses or investment properties. When you sell a capital asset, the capital gain or loss is the difference between the price you paid for the asset and the money you made from its sale. A capital gain in the sale of a capital asset could trigger capital gains tax consequences.
Selling the family home
Married couples who have owned their marital home for at least five years are eligible for a $500,000 exclusion on capital gains taxes. However, they must have lived in the home for at least two of the five years. Single people are only eligible for a $250,000 exclusion on any capital gains taxes.
Accordingly, timing matters. If a divorcing couple is considering selling their home as part of their divorce settlement, they should consider selling it while they are still married. Selling the house before the divorce is finalized allows them to take advantage of the larger capital gains exclusion for married couples.
Selling a vacation home or an investment property
In a high-asset divorce, you are more likely to face capital gains taxes when you sell a vacation home or an investment property. However, if you or your spouse moves into the home and establishes residency for at least two years, you may be able to avoid capital gains taxes.
Living in the house for at least two years can convert the asset into a residential home. Sometimes, a divorcing couple decides to keep and share their vacation home. They agree to take turns using it. However, they will also have to agree on vacation schedules and who pays to maintain the property. If the divorce is not amicable and they are having trouble agreeing on the division of their assets, sharing the vacation property is probably not an option.
Be aware of possible capital gains tax consequences in your divorce
Transferring assets from one spouse to another as part of your divorce settlement will not trigger capital gains tax implications. However, divorcing spouses should be careful about agreeing to sell assets and property as part of their divorce settlement agreement. Selling property could easily trigger possible capital gains tax consequences.
An experienced divorce attorney who handles handles high-asset property division divorces will have other ideas and suggestions that may help you avoid unwanted tax consequences for selling your marital property.
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