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July 2018 Archives

What happens to child and spousal support in bankruptcy

Divorced Texas parents cannot discharge child support or alimony in bankruptcy, but they may be able to discharge other elements of the divorce settlement in certain circumstances. Fewer than half of people who are supposed to get child support receive the full amount. The legal system takes failure to pay child support seriously, and it may be punished through garnishing wages, fines and even jail time.

Pros and cons of sole legal custody

Disputes over child custody can take at least two forms. There are Texas parents who are contesting physical custody, but legal custody can also be contested though, and the fight over that can be the more important one in many cases. A parent with sole legal custody over a child is the only one authorized to make major decisions on the child's behalf. The decisions of this type include religious, healthcare and education choices.

Actor challenges higher child support payments

The drama that people in Texas view on the television show "Grey's Anatomy" bleeds into real life for the actor Jesse Williams. Media reports about his most recent court filings indicate that he intends to challenge his monthly child support payment order of $50,629. His legal petition comes less than a month after a court increased his obligation from $33,242 a month. His legal filings claim that an "error in law" resulted in the increase.

Inherited IRAs could be split in divorce

Texas residents who inherited individual retirement accounts could possibly lose funds when it comes to property division in a divorce. New tax laws, which change the rules for awarding alimony, are silent on this as is the Internal Revenue Service, nor have there been any court rulings. Some people are using inherited IRA funds to offset the lost alimony deduction under the new tax laws.

Working together to create a parenting schedule during a divorce

When Texas couples decide to get a divorce or decide to split up, they will have to determine how they will deal with child custody. If parents agree to share custody, they will need a schedule that determines when each parent has custody of the children. Because each family is different and has different needs, there are no one-fits-all parenting schedules.