Fort Worth, Texas Divorce Law Blog

Being married to someone with a substance abuse problem in Texas can lead to a number of difficulties, including financial troubles, frequent disagreements and physical altercations. As a result, marriages that involve substance abuse are at a higher risk for divorce. This process is further complicated when children are involved and child safety concerns are raised.

According to an interview conducted by MarketWatch with a Charlotte-based attorney, it is important for the sober parent in a divorce to monitor all interactions children have with the parent struggling with a substance abuse issue. Some parents are unable to provide for basic child care when intoxicated, and they may also take risks like driving while intoxicated with children in the vehicle. Unfortunately, it might be difficult to prove alcohol abuse because the definition of abuse can vary widely. As such, it is important to document abusive behavior and report any signs of physical or sexual abuse to the proper authorities at once.

As the effective date for new legislation regarding alimony and taxes approaches, Texas couples who are seeking a divorce and negotiating a settlement might be concerned with completing the process before January 1st, 2019. Alimony, which could previously be deducted by the payer and reported by the receiver, will no longer count as a deduction for the payer. This means that in some cases the payer will find themselves in a higher tax bracket than before, while still having to pay alimony. However, if the agreement is finalized before the effective date of the changes, the divorce can be grandfathered in with the old legislation applied.

For couples going through a high asset divorce this means that careful planning needs to be balanced with the benefits they are seeking. While the motivation might be there to finalize the divorce before the end of the year, it is also important to make sure the deal makes sense and is beneficial in the long run. To begin, each person needs to be clear about what they really want and what they are willing to give up. They should also be aware of the same for their ex-spouse.

Texas parents who decide to divorce may wrestle with difficult issues about how to handle possession and access to their children. In many cases, they are able to negotiate an amicable division of parenting time and present it in family court. However, when they have a more difficult or fraught relationship, the situation can easily devolve into a battle over time with the children. Once a judge is forced to rule, both parents may feel as if they are treated unfairly.

In particular, fathers may be concerned about gender bias in child custody disputes. After all, across the country, the vast majority of decisions result in a mother obtaining full or primary custody of the children. However, in most of these cases, fathers were content with access time and did not seek additional possession; when dads actively seek custody, they are likely to achieve greater success. In addition, joint custody is increasingly a standard favored across the country, even though fathers may still face judges whose decisions are tainted by bias or traditional views of parenthood.

Taxes are often far from the minds of divorcing spouses in Texas during the process of dissolving a marriage, but taxes can present themselves with unexpected costs in time for those who are unprepared. Kiplinger has published findings by a tax attorney that show some divorcing spouses may face higher taxes with changes in the various laws regarding payments for alimony and child support after a divorce.

These findings also point out that certain divorcing individuals may be affected by state laws requiring specific deadlines for divorce filings in order to avoid higher taxes. In California, for instance, waiting periods may affect how a divorce filing ends up costing more for some people who are already in the process of negotiating settlement terms.