At the Law Office of Cicily Simms, we understand that emotions ebb and flow as negotiations move forward. We want you to have the best chance at a positive resolution, and as such, we want to make you steer clear of online activity that can spell trouble, namely airing your dirty laundry on social media.

All eyes on the drama

Your ex may have done something to cause you to move for a divorce, and you may need to talk things through. We do not want you to keep these events to yourself, but you should recognize that sharing them online in a forum where you and your ex have friends in common may backfire. Everything online is discoverable throughout a divorce, which means even the judge may see what you post. Therefore, it is best to utilize the services of a counselor or confide in a close friend offline, not through posts.

Finances take center stage

Financial matters can cause quite a stir throughout the divorce proceedings. As such, posting pictures of fancy restaurants, spontaneous trips, and new furniture are not going to help your case for spousal maintenance. It may hurt you in dividing up the marital property if the other side believes your spending is the result of joint assets.

As difficult as it may seem, you will get through your divorce and may come through it in a better place. Temper your online sharing. Learn more about our services by checking out the details on our webpage.

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. 

If you have ever read about the Texas Family Code, then you know that the state has unique laws surrounding family law issues like custody and visitation. If you are a grandparent, you may feel that your grandchildren are not receiving the care they need. You might even begin considering legal options to remedy the situation.
You may be surprised to find that in the United States you have no Constitutional right to see your grandchildren. In addition, most states generally prefer to leave issues like this up to the parents of the child, allowing them to determine who can see the child.
Now, this does not mean that all hope is lost. Grandparents may have rights in some situations. The drawback is that you may have to go to court in order to claim them.

When Is Visitation Possible for Grandparents?

In some circumstances, the court may decide that grandparents have the right to limited visitation of a grandchild.
In order for the court to grant visitation, one or more circumstances must exist. For instance, the child’s parents must be divorced, the parent must have been proven to abuse or neglect the child, the court must have terminated a parent-child relationship, or the parent must be dead, incarcerated, or deemed incompetent.
Grandparents may also be issued visitation if the child has lived with the grandparents for at least six months.

When Is Custody Awarded to Grandparents?

Grandparents are awarded custody in rare situations. Typically, Texas courts do not interfere with custodial situations without due cause.
Custody is generally only awarded to grandparents if the court determines that the child’s current home is unsafe or that living with the grandparents is best for the child’s physical and emotional welfare. An exception is made for instances in which one or both parents have consented to changes in custody.

When Is Conservatorship Awarded to Grandparents?

Conservatorship is often different from custody. With conservatorship, grandparents may have a right to be a part of decisions made regarding the child’s upbringing.
In order for the court to grant conservatorship, the grandparent typically must have cared for or had custody of the child for six months and then filed for custody within 90 days. In some cases, the court will consider conservatorship if the child’s living situation is deemed dangerous or if parents have opted for grandparents to take on this role.
In both custody and conservatorship cases, the court will consider a wide range of details carefully before arriving at a decision. The judge will keep in mind the child’s needs and desires, but he or she will also think about which adult provides the safest and most stable home for the child.

How Can Grandparents Pursue Rights in Court?

Grandparents can file a suit with the court in the hope of receiving visitation or custodial rights of a child. If a grandparent receives custody, he or she may also sue for child support from the biological parents.
Keep in mind that the court will not award custody or visitation to a grandparent if the judge believes the relationship will have a negative impact on the child or their relationship with the parents.
One thing you can do to build evidence in your case is to keep track of all communication you have with the parents and children. Keep careful notes and craft a timeline of the major events involved in the case.
For the most part, the court wants to keep children with their parents unless an extenuating circumstance exists. This is why you need to hire an attorney to manage your case in court.
The Law Office of Cicily Simms is here to walk you through the process. We understand Texas family law and grandparents rights. Set up a consultation today to learn more. 

When Should a Parent Discuss Divorce With the Child?

Depending on your child’s age, they may or may not already have some level of awareness about what is going on. Every couple is different, and some may have hidden the conflict from the children more than others.If you keep your disagreements between you and your spouse, your child may have very little idea that a divorce is a possibility. But if you are openly arguing or obviously resentful, your child (even a young child) can pick up on what’s going on.Even if you’re almost completely sure that your child suspects you and your spouse are having problems, wait until your plans are firm before sitting down for a family conversation. It’s likely that your child will have plenty of questions. Being able to answer their questions can help your child to feel more comfortable with the situation.There’s no set-in-stone timetable for talking to your child about a divorce. When you’ve made plans for one parent to move out and you’ve started the legal process, you need to speak with your child.

How In-Depth Should Divorce Conversations Get?

The answer to this question depends on the child’s age. While you don’t want to sugarcoat the situation, you also don’t want to provide information that your child doesn’t need to know. This includes specifics such as, “Daddy cheated on Mommy”, “Mommy spent all of our money,” or other similar remarks.Avoid the blame game during divorce conversations. The goal should be to help your child know that they aren’t at fault. Instead of over-sharing details that your child is either too young to understand or doesn’t need to know, focus on relevant facts. This might include a timeline for the divorce, living situation information and the fact that you both still (and will always) love your child.

What Should Happen After the Initial Conversation?

The shock of the divorce news may make it challenging for your child to truly discuss what is happening and what will happen in the future. After the initial conversation, your child is likely to have more questions. Remind your child that you’re here for them and will answer questions as they arise.Encourage your child to be honest with you, and help them continue to share what’s on their mind. If you’re unable to answer their questions or feel like you’re not equipped to provide solutions, emotional support, or the help they need right now, consult a professional.Individual or family counseling can help your child work through powerful emotions in a productive way. It can also help you to learn new parenting strategies and ways to support your child’s emotions.Follow the tips above to help your child through the tumultuous and confusing emotions that can come when parents divorce.Are you considering a divorce? The Law Office of Cicily Simms can help with child custody disputes, child support, modification, and other related issues.

Divorce is not something that anyone wants to happen. Unfortunately, however, it is a reality for many modern couples.

The general consensus seems to be that couples should do everything that they possibly can in order to avoid divorce. With that said, though, there are certainly some situations in which divorce may be the best and healthiest option for everyone involved.

If you find yourself in one of these situations, then there is no shame in going through with a divorce, providing that you have the right legal guidance with you through the process.

Make yourself aware of the major indicators that divorce may be the best option for you and your situation. And, if you find that these indicators apply to you, take steps to seek legal counsel through your divorce proceedings.

You Can’t Live Out the Future You Want

In an ideal situation, your romantic partner helps you to reach your goals and dreams. In fact, the two of you would share similar or at least compatible goals in an ideal situation.

In a bad marriage, however, the other partner will actually hold you back from reaching your aspirations. Whether it’s laziness, a lack of ambition, or other obstacles, if one spouse refuses to “get in gear” or just has completely different wants and needs out of life than the other, divorce may be the most viable solution.

Counseling Hasn’t Proven Effective

Many married couples get help dealing with the “rough patches” in their marriage through sessions with licensed counselors.
Unfortunately, however, counseling cannot fix every situation.

In fact, if you and your spouse have gone through counseling one or more times and are still experiencing the same old difficulties, it may be time to agree to a divorce. Some problems just can’t be fixed, especially when spouses have fundamental differences.

Abuse is Involved

Perhaps one of the most serious indicators that you should consider a divorce is if there is any kind of abuse involved in the marriage.

This could be abuse between spouses or abuse of children.

Furthermore, it is important to understand that physical abuse is not the only type of abuse that can occur within a marriage. Emotional abuse is also serious and is a significant sign that it is in both people’s best interest to seek out a divorce.
Once abuse enters a marriage, it can be hard to overcome or even potentially dangerous, so it is not something to take lightly.

There Have Been Incidences of Infidelity

Infidelity from one or both partners is one of the most devastating things that can happen in a marriage.

This is not to say that some couples do not overcome it. However, doing so can be a very difficult and emotionally challenging process. Furthermore, the resentment and insecurity it breeds can last for years to come.

If there has been infidelity in your marriage, and you and your spouse just can’t seem to work through it or don’t even want to try, divorce may be the best solution.

As you can see, there are many indicators that you and your spouse should consider divorce.

If you feel that this is the best solution for your current situation, then it is a good idea to contact a divorce attorney to discuss your options further.

An attorney can provide you with guidance and advice to help you come through your divorce relatively unscathed, whether you and your spouse are on agreeable terms or not.

A great law firm to help you through the process, no matter where you currently are in it, is The Law Office of Cicily Simms. Contact them for the help you need 

A divorce changes a family a lot, but in most cases, the one thing that doesn’t change is that both parents want what’s best for the children. If you’re in the midst of a divorce, you should work with your ex to create a co-parenting plan that works for everyone. To help you out, here are eight tips for parenting while divorced.

1. Don’t Fight in Front of the Children

When parents fight, they can have an extremely negative effect on their children. Being around people who are combative raises levels of stress hormones in children, and that can lead to everything from learning difficulties to emotional issues.Make a rule not to fight in front of your children. If you have to discuss something with your ex that you fear may lead to a fight, set aside some time, preferably in a public spot like a coffee shop so it’s easier to keep your temper, and make sure the children aren’t there.

2. Keep Children Out of Divorce Drama

Beyond arguments, there is a lot of drama that can pop up during a divorce. Don’t pull the children into it. For example, don’t complain about your ex to your child. Also, avoid having phone conversations with friends, lawyers or family members about these types of topics in front of your children.

3. Try a Co-Parenting Model

If possible, you may want to embrace co-parenting after divorce. This is where you and your ex-partner work together to create a consistent approach to parenting. In a co-parenting model, children have roughly the same rules and expectations with both parents.

4. Share Custody

Unless the other parent is abusive, you should almost always consider shared custody. Children benefit from knowing both of their parents. Additionally, sharing custody can also make the situation easier for the parents.

5. Involve Extended Family

At some point during the divorce, have a conversation about how you want to involve extended family. Your children can benefit from spending time with grandparents, aunts, uncles, cousins and other family. If you talk about ideas and expectations before the divorce, it can be easier to navigate the situation after the divorce.

6. Help Children Through Transitions

Going from one parent’s house to the other’s can be stressful for children. Even if you are stressed about the situation, put your child’s needs first. Make sure to be as relaxed as possible, and don’t approach the situation in a rushed or harried manner.Also, make sure that your child has transition objects, such as teddy bears or blankets for small children and electronics for older children.

7. Use Court-Approved Resources for Communication as Needed

Unfortunately, in some cases, co-parenting is virtually impossible. If you have an ex-partner who refuses to work with you, you may want to explore using court-approved tech tools for communication. OurFamilyWizard is one option.This tool tracks communication between both parents, which can be essential if you need to return to court and want to have a record of what the other parent has said. It also allows you to plan visitation and create a shared family calendar. Even in situations where parents get along, tools like this may be useful.

8. Consider Therapy

Divorce can be hard on everyone, and therapy can help your child through the situation. Don’t necessarily wait until you see signs of distress in your child. Instead, consider therapy as soon as you announce the divorce.If you are thinking about getting a divorce, let us help. Contact The Law Office of Cicily Simms today for more information. We specialize in family law.

Like anywhere else, custody is a serious concern among parents in Texas. A judge has the power to issue custody to one or both parents. It is never easy to be involved in a custody battle, especially when you are concerned about the welfare of your child.
If you find yourself facing a custody dispute, you need to know what types of custody are available to you in Texas. You may have options you have yet to consider.

Types of Custody

There are multiple types of custody that may be applicable to your situation.

In joint legal custody, the child resides with one parent, and the other parent is granted visitation. The word joint refers to decision-making abilities shared by the parents. You may not have equal physical custody, but you can both make legal decisions.
Shared custody means that the child has two residences, living with one parent for 35% of the year or more. Parents share legal custody rights in addition to physical access to the child.
Finally, there is split custody. It is not a common arrangement, but it does occur on occasion. It allows each parent to be awarded full custody of at least one child each when multiple children are involved.
The type of custody you seek may be based on a number of factors, including the other parent’s ability to provide a solid environment for the child.

Conservatorship

Since 1995, Texas courts have ruled that barring domestic violence or other detriment, both parents may be joint conservators of children in a custody dispute. This means that each parent has the right to consent to medical treatment and the right to represent the child in any legal situation. The conservators can make other legal decisions for the child related to marriage, education, estate and so on.

Rights of the Primary Parent

It is important to remember that joint managing conservatorship is not the same as joint custody, nor does it indicate a 50% split of physical custody. There is still one parent considered the primary parent who receives child support and establishes a primary residence for the child.
The primary parent is typically the person who makes decisions for the child and also has the most physical access.

Rights of the Non-Primary Parent

The non-primary parent has several rights as well. He or she has the right to receive information about health, education and general welfare. They have access to records and can consult with medical providers. They have the right to attend school activities, be notified in case of an emergency and manage a child’s estate to some extent.

Judge Considerations in Custody

When it comes to assessing the custody situation, the judge will typically examine the best interests of the child. This means that he or she evaluates the home environment of each parent as well as the parent’s ability to act as a caretaker. The judge will consider how well the parents will be able to work together and how their financial situations fare.
Additionally, the judge considers the employment situation of the parents, assessing how many hours the parent may be available for the child. The judge typically doesn’t want to send a child to a house that will be empty most of the time.
If the child is at least 12 years old, the judge may also take the child’s preference into account when making a determination.
The Law Office of Cicily Simms provides help when you need representation in a custody case. Custody disputes can get ugly, and you certainly don’t want to go it alone. You have legal rights as a parent, and hiring a lawyer can help ensure that you retain them. 

Paying child support is a legal responsibility that you have to help support the financial needs of your children when they do not live with you full-time. Child support amounts depend on many different factors, from your personal income to how much you and the custodial parent make together. Because these factors are always changing, there will be times you may need to modify or change the amount of child support you pay.
Here are four common reasons you may need to speak to a lawyer and change your child support payment.

1. You Lose Your Job

Losing your job does not cancel out any child support that you owe, but it is a major factor in modifying the amount you pay. A judge will take into account any past-due child support owed, whether your job loss is temporary (you got laid off) or permanent, and how much money the custodial parent makes. Your lawyer can help you modify child support to where it is more comfortable for you to pay and can even help in getting your new payment amount backdated to when you first lost your job.

2. You Receive a Raise

Once the other parent knows you’ve received a raise at work, they may wish to modify child support so they can gain a higher amount in pay each month. You want to perform the modification process before they do so accurate information can be filed and you can pay a fair amount based on your new income. Keep in mind that if you are also paying health insurance and daycare costs for children who don’t live with you, there’s a chance your child support payments will only go up a little bit.Talk to your lawyer about your circumstances. In most cases it is best to file for modification during a pay raise so you can pay what is fair for your children. Bring proof of other needs you are solely paying for your children with you to your consultation, as these factors are taken into effect when pay raises are addressed.

3. Your Ex Starts Working

Most states factor in a minimum wage income for the custodial parent, even if they are not working, to offset the costs of child rearing the non-custodial parent pays. This is to ensure you are not paying for 100% of their needs. If your child’s other parent has recently started working, you will want to include their new income into the child support calculations so you can possibly reduce payments.Your lawyer will help you prove the custodial parent’s income and will work to draw up a new child support payment based on the system your state uses. In many cases, these modifications can be settled out of court, which saves both parents money.

4. One or More of Your Children Live With You

Child support won’t automatically be reduced when your child moves in with you unless you have filed for custody modification. If you are on agreeable terms with your ex-spouse and have proof that your child lives with you, you should modify your child support so you aren’t paying any money to your ex while your child is actually in your care.It is best to talk to a lawyer with experience in child custody and child support modifications so you can make sure you are paying a fair amount. Trust the experts at the Law Office of Cicily Simms to address your financial situation legally and fairly. Our staff is ready to help you tackle any child support modification needs so the needs of your children are best met.