Over time, however, parents may find that the child custody, visitation, and support plans that they made do not provide their children with the best possible care. A parent may discover that they cannot have custody of their kids due to their work schedule and a change to their child custody order may be necessary. Additionally, a parent may lose their job and may become unable to pay child support for the benefit of their kids.

Family law modifications are changes that are made to family law agreements and orders after they are executed. They create new sets of expectations and requirements on the parties that are bound to their modified terms. Often individuals must go to court to have their orders and agreements modified and this process gives judicial recognition to the changes the families needed to continue to function.

When it becomes apparent that a modification is needed to a family law order or agreement, a Texas resident may wish to discuss their proposed changes with their trusted attorney. A lawyer who understands the complex issues that come into play when families are affected by divorce can advise their client of how best to approach the modification process.

That’s why custody is spelled out in divorce proceedings. It’s also why your ex-spouse needs to be notified of any changes in a timely manner and changes also need to be approved by the judge.

Moving out of state

During divorce proceedings, the judge will determine which spouse will be legal guardian and custodial guardian.

Legal guardianship – which can be given to one or the other spouse or split between the two – determines who will make medical, religious and educational decisions about the child.

Custodial guardianship – which is given to one parent or the other – determines where the child will primarily live and who will provide care for the child. The other spouse often pays child support and cares for the child on a schedule of weekends, holidays and during the summer.

These decisions are made by a judge with the best interest of the child in mind. The wants and desires of the parents are taken into account, but the needs of the child are the main driver.

Changes need to be approved by the judge

Changes to a judge’s custody order – including visitation rights – need to be approved by the judge regardless of whether the parents make a deal outside of court.

If the custodial parent wants to move, they need to notify the other parent at least 30 days before the move. They must also petition the court for a change in the custody order. If the other parent disagrees with the move, the judge can take that into account during a custody hearing.

However, the judge will make a decision that is in the best interest of the child over the interests of the parents, taking factors into consideration that include:

• The child’s age
• The child’s relationship with the parents
• Educational advantages to the move
• Distance and travelling costs for the non-custodial parent
• The child’s ties with school, friends, relatives and the community

Child custody is emotional and complicated. Contact a qualified, experienced attorney to help you sort through all the legal issues involved with child relocation.

This means that a parent cannot stop providing money for their child’s care just because they no longer live with them. A parent who stops paying court-ordered or agreement-based child support may be subject to enforcement efforts and penalties from the courts for their delinquencies. One of the most common ways that child support orders are enforced is through the garnishment of the parents’ wages.

Wage garnishments take money out of parents’ paychecks and direct those funds directly to the children in satisfaction of their support agreements and orders. In order to have a parent’s wages garnished a child’s custodial parent may need to go to court to ask for such an action to be taken. Their family law attorney can help them take on this important and necessary task.

Other enforcement options when child support goes unpaid may include but are not limited to the suspension of business, driving, and professional licenses; the seizure of property and income tax refunds; and the denial of passports. Parents who are struggling to help their children receive the financial support they deserve from their noncustodial parents may want to reach out to their trusted Texas family law attorneys for help with their child support enforcement efforts.

Business and premarital separate assets can be addressed in premarital and post-marital agreements. These agreements are created between marital partners and can cover topics related to property and financial affairs. They cannot cover topics related to the custody and care of children, and there are other prohibited topics that may not be addressed in them.

But, through a marital agreement two individuals may decide that one’s premarital business should remain their separate assets even if the parties decide to end their marriage in divorce. They may stipulate that the other has no claims to collect from the business in the event that the marriage ends and that the owner may emerge from the relationship with their business interests intact.

Ensuring that one’s business interests and assets are protected in a marital agreement is an important step toward protecting their financial security in the even that their marriage does not last. In order to ensure that the terms of such an agreement are clear and comprehensive, a person may want to use the services of a family law attorney. Individuals who work in this particular field of law are knowledgeable about the legal requirements of preparing such documents.

A paternity lawsuit attempts to establish or refute a biological relationship between a person and their alleged child. While it is often the case that paternity lawsuits concern children and their presumptive fathers, they can also control questions regarding children’s biological mothers. During a paternity lawsuit, a presumptive parent and child may be required to submit to blood or genetic testing to determine if they are biologically related. If they are found to be related, certain rights and privileges may attach to their relationship.

There are many reasons that paternity lawsuits are important. First, without legal rights over a child, a parent may not be able to secure custody or visitation time with them. Additionally, a child who is not recognized as their parent’s offspring may not be considered their heir and may not benefit from their estate when their parent passes away.

Questions of parentage can be emotional and complicated and many families do not know where to turn when they are faced with challenges related to this significant legal topic. Legal professionals, such as those who work in the family law field, can provide support and guidance to individuals who wish to find answers and establish stability in their relationships with their biological children.

How will alimony change in 2019?

This year, alimony payments will be subject to different tax procedure. Before, the person who paid alimony could deduct that from their taxable income, and the recipient of alimony would need to pay income taxes on it. This motivated the payer to pay more to receive a higher tax deduction.

This year, the situation has flipped. The person who receives the alimony will no longer pay taxes on it because the person who paid alimony will pay the taxes. The person who pays the alimony will not be able to deduct the payments from their taxes.

This could discourage the higher-earning spouse from paying high amounts of alimony. This may direct their financial focus to child support payments. However, there is no guarantee this will happen.

Dependent tax deduction or child tax credit?

If your family includes children that are dependents, you may be accustomed to receiving a tax exemption for each dependent. However, this year, the law has changed to awarding a qualifying (potentially refundable) child tax credit.

This credit is only available to the primary custodial parent unless you qualify for and file appropriate forms. This fact could further complicate your custody arrangement and other financial matters in your divorce.

If you are concerned over your alimony or child support payments in 2019, you may want to explore your financial and legal options. You could explore lump sum payments or other arrangements that equalize the tax burden on you and your ex-spouse. If you both feel that the arrangement is fair, you can build a family dynamic that is less stressful and more focused on your relationships.

However, as student couples think about their futures, they also have to consider the few assets and loans they own. Between college loans and a high divorce rate, should they protect their assets before they commit to their significant other?

Draft a prenup before planning the wedding

Many students embrace the idea of preparing for the future. For many couples, it includes preparing for the worst-case scenario, divorce. For preparation, most partners draft a prenuptial agreement – a legal contract that establishes how property is divided in case of a divorce.

Couples work together on the prenup and decide how their student debt, current assets and future property plays out in a possible separation. It may account for various situations, such as a change in studies, seeking a doctorate or passing the bar.

Whatever the prenup includes, it starts a critical conversation between partners about sharing finances and what marriage will look like as a student and as a working professional. You should also discuss your career path and your spouse’s goals, so you have realistic expectations of where your education will lead. It will also give you a better understanding of your assets, especially if you have property with your parents.

Students may see a prenup as an invaluable tool for their career, relationship and future.

When you get a divorce, you have many important decisions to make. For example, you may have to divide your assets. You will need to take some measures to protect your large assets and properties. The following are some of the most important assets you may have along with steps you can take to ensure that your financial future is safe.
Your Retirement
When you get a divorce, you need to be certain that your retirement accounts are safe. This includes pensions, survivor benefits, and individual retirement accounts. Many divorce settlements require both spouses to divide their retirement accounts if both contributed to them during marriage.
This division of the accounts is especially important when you look at how much you each chose to contribute. For example, let’s say that you and your spouse have your own retirement accounts you contribute to each month.
Let’s also say that your spouse had a retirement account with a significantly higher balance than yours. So, instead of contributing extra money to your own account, you choose to put more of your money into your spouse’s account for a higher payout when your spouse retires with the plan to share the money later in your married life.
However, your life changed and you decided to divorce. If you did not contribute to your own retirement accounts because you thought it best to contribute to your spouse’s account, you will not have as much to retire with because a lot of your money went to your spouse’s account instead of your own. This is why retirement division is so important. Talk to your divorce lawyer for help in making sure you get the retirement money you deserve.
Your Family Home
Your home is one of your most expensive purchases and is a very large asset to deal with in a divorce settlement. Although you likely have an emotional attachment to your home, you need to think carefully about how it affects your financial future.
First, consider whether or not you should keep the home. If the market is really strong in your area and you have a lot of equity in your home, selling your home and dividing the equity between the two of you will be most beneficial.
If one of you gets the home in the divorce settlement, you will have to refinance the house in your own name. You will then have to pay your spouse his or her half of the equity. Also, keep in mind that if you take the home, you need to be certain you can afford not only the mortgage payment but also all the other expenses which go along with owning a home.
Your Bank Accounts
Your bank accounts, including checking, savings, and investment accounts, also need to be dealt with in a divorce. Once your divorce is final, you will have to liquidate those accounts to divide them if ordered to do so in your divorce decree.
One thing you need to remember is that bank accounts are easy to liquidate, unlike retirement accounts. If your spouse is vindictive or you have concerns that something could happen to the money, you need to take measures to ensure that the accounts do not suddenly become empty as your divorce moves along. Speak to your attorney for specific protection methods to safeguard your accounts.
If you need help with your assets during divorce, please contact The Law Office of Cicily Simms. We specialize in family law and work diligently to make sure we represent you fairly. We have years of experience and expertise, and we help our clients make the best decisions for their circumstances. We want you to be happy with your outcome. 

When you get a divorce, you need to plan for the changes in your taxes. Everything about your taxation will be different, so know what to expect before it is time to file. Fortunately, it is simple to predict how you will handle your taxes since a divorce. Here is some helpful information with regard to filing your taxes after your divorce.

Do You File Single or Married?The first thing you need to know is whether or not you should file single or married on your tax return. To figure out how you should file, consider the finalization date of your divorce.If your divorce is final by December 31st of the year you filed, you will file your taxes as a single person. However, if you are in the divorce process and it is not final until the next calendar year, you will have to file as a married couple the current year. You will be able to file as a single person the next year, as long as your divorce is final.If you meet the qualifications, you may be able to file as Head of Household when you are still technically married in the eyes of the Internal Revenue Service. However, do not take this step without the counsel of your attorney or your tax accountant.Does Child Support Affect Taxes?Whether you pay or receive child support payments, you do not have to worry about taxes when it comes to deductions or taxation.The parent responsible for child support payments is not deductible from his or her income. The parent in receipt of child support will not have to pay taxes on the money because it is not considered taxable income.Who Claims the Children as Dependents?Once the divorce is final, one parent may only claim the children as dependents each year. However, you do have the option to alternate the exemptions each tax year. Typically, the child support order explains in detail how you will claim your children on your taxes and which parent will take the deduction.However, if you are not the custodial parent and it is your turn to claim the children on your tax return, you will include a waiver signed by your former spouse which states it is your year to claim the children.How Will Alimony or Spousal Support Change Your Taxes?Whether you pay or receive spousal support or alimony, you must keep careful records of the transactions for tax purposes. If you pay spousal support or alimony, the money is deductible. If you receive the spousal support or alimony, you have to report the money as income on your tax return.If you are the parent who pays the support and you want to deduct the payments, you have to pay on time each payment period. Per the recapture rules of the IRS, if you do not pay the full amount required of you, you cannot deduct the entire amount you paid.In some circumstances, the parent who pays spousal support may also pay outside parties to support the former spouse. For example, if you are the spouse who pays the spousal support and you make the mortgage payment on the home your former spouse lives in, you may be able to deduct some of the payment amount as spousal support.In the same example, you may also have to pay the insurance and real estate taxes on the home. You could also itemize deductions for the mortgage interest and the taxes you paid on the home.Keep in mind your former spouse will have to include the amount of any third-party payments you make on their behalf as income on their own tax return. For example, if you make a $1,000 mortgage payment and a $50 insurance payment for your spouse each month, he or she should add $1,050 to the amount of spousal support income and report the money at tax time.If you need assistance with tax information after a divorce, please contact The Law Office of Cicily Simms. 

Children deserve to live in an environment where they are nurtured, loved, protected, and provided for financially. Your home may provide an environment more conducive to the needs of your child more readily than the other parent. However, according to Texas law, you can’t just remove the child from the other parents’ home – you must fight for legal custody.

Child custody cases are sometimes lengthy, stressful, and complex, but certain factors only make matters worse. Learn what you should not do while fighting for custody of your child.

1. Ignore an Existing Order

If an existing order is in place, do not take it upon yourself to create a new order. Child support orders are legally binding documents, and when you fail to adhere to them, you may be breaking the law. For example, if you believe that the other parent’s home is unsafe, you cannot take the children to your home and keep them there if this action is not a part of your agreement.

If you violate the agreement, you could be charged with parental kidnapping, which is a serious crime. You would instead need to file an emergency motion for the order to be changed temporarily.

After the motion is filed, you may be able to take the children with you, legally, until a new permanent order is put into place. When you file an emergency motion, you must provide valid information to back up any claims you make against the other party.

2. Stop Paying Child Support

If you are currently under a child support order, you must continue to make payments as required. Payments must continue even when you know for sure that the money is not being spent appropriately to meet the child’s needs. In Texas, a failure to pay is a crime that may be punishable for a period up to 6 months in jail.

Any legal violation on your record will only hurt your claim for custody. Child support is also considered a basic need of the child. When you do not pay, you are voluntarily playing a part in your child’s needs not being met. If you’re arguing that the other parent is unfit, you will have a hard time labeling yourself a fit parent if you are not doing your part.

You must file a petition if you believe a modification to the existing child support order is appropriate.

3. Move Out of the House

If you and your ex are still living under the same roof and you plan to file for child custody, do not move out of the home you share with the children until you have an arrangement in place. Moving out of the family home signals several things to a judge, and not all the signs are in your favor.

If you are arguing for full custody of the children because the other parent is unfit, but you moved out and left the children behind, you disprove your argument. If the other parent was truly unfit, why would you voluntarily leave the children behind in an unsafe environment? The court may also award a temporary form of custody to the parent that remains in the home.

Once you move out, some time could pass before you’re able to see and visit with the children. Once the other parent has been awarded the temporary title, you may need to go to court during the interim to establish a visitation schedule.

Your child deserves the best possible life, so ensure you’re committed to doing your part to ensure your child thrives. In addition to avoiding the above mistakes, an attorney can help you reach a successful outcome in your custody case. At The Law Office of Cicily Simms, we want to help you. Contact our office so that we can discuss your situation.