How Does Child Support Work?

Child support may be agreed upon during an uncontested divorce process. Generally, even if the parents are not divorcing, a meeting will be scheduled to attempt to negotiate child support payments. If an agreement cannot be reached, child support may be ordered by the court. Child support will usually be paid on a monthly basis.

What is Child Support Used For?

Generally, child support funds are to be used to meet the child’s basic daily needs. This may include proving essentials like food, shelter, clothing, and educational or medical expenses.

How Much Is Child Support in Texas?

A parent’s obligations may vary depending on a number of factors. The non-custodial parent’s income is often the most important factor considered. However, if your children have special needs, disabilities, high medical expenses, or mental health issues, you may be able to receive more child support to account for these expenditures.

How Is Child Support Calculated?

Child support payments in Texas are calculated based on the obligor’s net income after deducting any health insurance costs or medical costs the parent covers for the child, as well as taxes and certain other deductions. This figure cannot exceed $8,550 per month. Depending on the number of children entitled to support, a child support award will generally be between 20 percent and 40 percent of the parent’s net income.

What Happens if the Other Parent Stops Paying Child Support?

There are steps an attorney can help you take to enforce the child support order. In cases involving willful non-payment of child support, a parent may be found in contempt of court and fined or even jailed, in addition to being ordered to pay your attorney’s fees. The court may be able to offer remedies to collect the amount of child support that is owed as well as continuing payment, such as by garnishing the other parent’s wages or putting liens on their assets until they are out of arrears.

When Does Child Support End in Texas?

If negotiated, child support can continue throughout the time the child is in college. Otherwise, payments generally terminate when the child turns 18 years old. Child support also terminates if the child gets married, joins the military, or gets legally emancipated as a minor.

How Does Child Support Work if the Custodial Parent Has No Job?

If you are in the process of a divorce, you may be able to obtain spousal maintenance payments in addition to child support. In some cases, you may be able to receive a higher child support payment due to your inability to work. Often, the custodial parent cannot work because they have young children to care for. As child support law is designed to protect the child, your lack of income may factor into the amount your child needs to meet their needs.

How Can a Child Custody Lawyer Help Me?

There are a number of ways that a lawyer can help with your child custody case. It is easy to be taken advantage of if you are not as well-versed in the law as a child custody attorney is. A child custody lawyer understands what type of arguments may be persuasive to the court. Your lawyer will analyze each factor to be considered in your child custody case and prepare arguments in your favor.

What Questions Should I Ask My Lawyer About Child Custody?

You should ask any question you want an answer to. Our lawyers are here to help. You may want to ask about what types of child custody arrangements are possible. You can also ask whether a guardian ad litem may be helpful in your case. Asking about the factors used in child custody cases can help you gain a better understanding of what to expect in court. It is also a good idea to ask about any alternative dispute resolution methods, like mediation, that could help you settle your case more quickly.

How Can I Get Full Custody of My Child?

Arrangements where one parent has sole custody are somewhat rare, but they may be possible under certain circumstances. You will usually need to show that your child’s other parent is in some way a danger to your child. For example, if the other parent has a history of abuse committed against you, the child, or another family member; has an active drug addiction or psychotic disorder; or is a sex offender, your attorney may be able to help you gain full custody.

What Is 50/50 Child Custody?

50/50 child custody is an arrangement in which both parents have equal time with and decision-making rights over the child. These types of arrangements may be used when parents live near each other, ensuring that the child can move back and forth without disrupting their schooling or extracurricular activities.

Who Claims the Child on Taxes With 50/50 Custody?

Only one parent can claim a child as a dependent. Most of the time, the parent who the child lives with the majority of the time will claim that child on their taxes. However, “tiebreaker” rules may apply in cases involving 50/50 custody. The IRS has stated that in true 50/50 custody arrangements where the time children live with parents is exactly equal, the parent with the higher taxable income may claim the child on their taxes. However, parents may also agree on how they will claim a child, such as by having each parent claim the child in alternating years.

How Can I Get Custody of a Child?

The answer to this question depends on your current situation. Parents who are getting divorced will have child custody decided incident to their divorce case. Parents who were never married and are not together may file a child custody case asking the court to make their existing child custody arrangements official and enforceable. However, if an unmarried father has not been formally recognized as the child’s parent, the first step may be to establish legal paternity. Mediation or attorney-facilitated negotiation may help parents establish child custody arrangements without going through a court hearing. If agreements cannot be reached, parents may ask the court to decide how child custody will be divided.

Can a Child Choose Which Parent to Live With in Dallas?

While a child’s preferences may be considered, a child generally cannot make the final decision about which parent to live with. The child’s preferences will carry more weight if they are older or more mature. A court is more likely to respect the wishes of a teenager who is capable of better reasoning than the wishes of a small child, who may be easily manipulated by a parent.

What Is a Personal Injury Claim?

A personal injury claim refers to a legal case in which a person seeks compensation for physical or psychological harm they suffered due to someone else’s negligence or intentional actions. Personal injury claims can arise from various incidents, including car accidents, slip and falls, medical malpractice, defective products, etc. The injured party, known as the plaintiff, seeks compensation from the responsible party, referred to as the defendant, to cover medical expenses, lost wages, pain and suffering, and other damages.

What Should I Do Immediately After an Accident or Injury?

In the wake of an accident or injury, taking immediate steps to protect your health and your legal rights is essential. First and foremost, prioritize your safety and seek medical attention. Call emergency services if the situation requires immediate help. If you are able, gather evidence at the scene, such as photos or videos, to document the accident and injury. Report the incident to the relevant authorities. Once you have completed these steps, contact a personal injury attorney who can advise you of your rights and the potential legal options moving forward.

How Do I Know if I Have a Valid Personal Injury Claim?

First, you must establish that you have suffered actual harm, whether it be physical, emotional, or both. Next, you need to demonstrate that someone else’s negligence or intentional conduct caused your injuries. Additionally, your claim must fall within the statute of limitations, which in Texas is two years from the date of your injury in most cases. A personal injury lawyer can evaluate your case and help you determine whether you may be able to pursue compensation.

How Much Does it Cost to Hire a Personal Injury Attorney?

Most of the time, a personal injury attorney will not require any up-front payments, and they will receive a percentage of the damages recovered if a claim is successful. At Clark Law Group, we handle personal injury cases on a contingency basis, and you will not be required to pay us anything unless we collect compensation on your behalf through a settlement or verdict.

Why Hire a Dallas Personal Injury Attorney?

At Clark Law Group, our Dallas personal injury lawyer understands the laws in Texas that may affect your ability to pursue compensation or the amount you can receive. We can ensure that you meet the requirements for filing an injury claim in the state. We will also work to protect your rights and advocate for your interests throughout your case, and we will fight to make sure you can receive the maximum compensation you deserve.

How Does the Personal Injury Claim Process Work?

You will meet with a personal injury attorney to discuss the details of your case. They will evaluate the strength of your claim, explain your rights, and advise you on the best course of action. If you decide to proceed, your attorney will thoroughly investigate the incident. This may involve gathering evidence, interviewing witnesses, and consulting with outside professionals. Your lawyer will calculate the damages you are entitled to and send a demand letter to the at-fault party’s insurance company. Negotiations may take place to reach a fair settlement. If a settlement cannot be reached, your attorney may file a lawsuit on your behalf. This initiates the litigation process.

Can Multiple Parties Be Held Liable in a Personal Injury Case?

Yes. In Texas, all parties who were responsible for a person’s injures and damages can be held liable in a personal injury case. Depending on each party’s level of responsibility, the requirement to pay compensation may be shared by multiple defendants.

Why Do Personal Injury Claims Take Such a Long Time?

Thoroughly investigating a personal injury case and collecting all necessary evidence can be time-consuming. Negotiating fair settlements with insurance companies can take time. These companies may intentionally delay the claims process in an attempt to wear down claimants and pressure them into accepting lower settlements. Plaintiffs and defendants may need to exchange offers and counteroffers before reaching an agreement that justly compensates the injured party. Moreover, some personal injury cases involve complex legal and factual issues that require extensive analysis and research. At Clark Law Group, we will work to resolve personal injury cases as quickly and efficiently as possible so that victims can receive the compensation they need and deserve.

What Should I Do After a Car Accident?

Immediately after a car accident, you must stop, check on the status of the other driver or anyone else who was involved, and exchange contact and insurance information. If you can, move damaged vehicles off the road and be sure to wait in a safe spot. Seek immediate medical care if you or anyone else is injured – call 911 if an ambulance may be needed. It is also a good idea to report the accident to the police and have an officer come to the scene to write an accident report. As soon as you are able to, contact an attorney.

What Happens if Someone Else Is Driving My Car and Gets in an Accident?

How these cases will be handled will depend on a number of circumstances, such as whose fault the accident was. If a third party was at fault, you and the friend or family member who was driving your car may both have a claim against the at-fault driver. If the person you let drive your car was at fault, your insurance may be liable for the injuries or damages suffered by others.

What Is the Statute of Limitations for a Car Accident in Texas?

Generally, in Texas, you have two years from the date of the accident to file a lawsuit against the at-fault driver or other liable parties. However, the statute of limitations may be longer or shorter in some cases. For example, if you were a minor when the car accident happened, and no adult filed a lawsuit on your behalf, the two-year period begins when you turn 18 years old.

How Much Does it Cost to Hire a Personal Injury Attorney?

Most of the time, a personal injury attorney will not require any up-front payments, and they will receive a percentage of the damages recovered if a claim is successful. At Clark Law Group, we handle personal injury cases on a contingency basis, and you will not be required to pay us anything unless we collect compensation on your behalf through a settlement or verdict.

How Long Does a Settlement Take for a Car Accident?

It depends. In fairly simple cases involving clear fault and relatively minor injuries, you may be able to receive a settlement in as little as two months. However, more complex cases can take several years. Your case is likely to take longer if there is a genuine dispute regarding who was at fault or if your injuries were catastrophic in nature.

How Can I Prove I Was Not at Fault for a Car Accident?

You may need the investigative skill of an attorney to do this. If you are being accused of causing a car accident, and you believe you were not at fault, it is important to act quickly. An attorney will want to go to the scene of the accident as soon as possible to preserve any physical evidence suggesting that you were not responsible. Statements from witnesses can also go a long way. Finally, your attorney will likely seek out footage from any cameras that may have been in the area.

How Can a Car Accident Lawyer Help Me?

Car insurance companies are in the business of minimizing the amount paid out through claims. Only an experienced attorney should tell you what your claim is likely worth. An attorney will also know exactly what types of evidence need to be gathered and how to interpret the evidence available. Additionally, you need a professional fighting for you to make a full financial recovery so that you can remain focused on your physical recovery. An attorney can fill that role.

What Are the Most Common Types of Truck Accidents?

Many truck wrecks are caused by the truck driver losing control of the truck, often due to inattentive or reckless driving. Rear-end collisions involving semi trucks are also common, and they can occur when a truck driver fails to begin braking in time. Jackknife accidents, where the truck folds at the coupling between the cab and the trailer, can cause multi-vehicle accidents.

Where Do Most Truck Accidents Occur?

Truck accidents can happen anywhere, from right in front of your house to many miles from home while you are on a road trip. Highways are a common location for truck accidents, as most truck drivers spend a large amount of their time on these roads. Accidents that occur on highways or freeways can be particularly dangerous, as the truck is usually traveling at a high rate of speed.

How Can I Avoid Truck Accidents?

Aside from giving semi-trucks plenty of space, there may be little that you can do to avoid truck accidents. Most truck wrecks are caused by negligent trucking practices. They often happen without warning, and there is little that drivers of smaller personal vehicles can do to dodge a commercial truck that has lost control or failed to stop in time.

What Should I Do After a Truck Accident?

First, summon emergency medical help for anyone who needs it by calling 911. Unless you need urgent transportation to the hospital, you should remain at the scene of the accident in a safe location until the police arrive to take a report. You should then contact an attorney as soon as possible. Trucking companies and their insurance companies will likely have access to attorneys, so it is wise to find your own lawyer and level the playing field.

What Is a Jackknife Truck Accident?

A jackknife crash occurs when a commercial truck folds in on itself at the point where the cab is connected to the trailer. These accidents often occur when the truck driver loses control of the vehicle, and it begins to spin out of control.

What Is the Largest Truck Accident Settlement?

Truck accident settlements can sometimes reach into six-figure sums or more. You are likely entitled to compensation for all expenses and financial losses associated with the accident, in addition to compensation for noneconomic damages such as emotional distress or pain and suffering. Lost wages and medical bills are often the two largest categories of compensation, particularly when the plaintiff has suffered a catastrophic injury.

How Can a Truck Accident Lawyer Help Me?

You can safely assume that the truck driver or trucking company’s insurance company will have attorneys on the case. You will likely need your own attorney just to level the playing field. A truck accident lawyer can conduct their own independent investigation of the accident, looking for evidence that might help your case. Your attorney can also take the stress and pressure of pursuing the case off of you while you are recovering.

How Common Is Divorce for People Over 50?

In recent years, divorce among people over the age of 50 has markedly increased. This can be attributed to longer life expectancy, shifting societal norms, increased financial independence, and more. As these factors become more prevalent in our society, we can expect gray divorce rates to continue rising as we advance through the 2020s.

What Is a Gray Divorce?

Gray divorce occurs when the divorcing couple is over the age of 50. “Gray” is in reference to the hair color of many older people. The term “gray divorce” has increased in popularity in recent years as more and more people are deciding to dissolve their marriages later in life.

How Can You Plan for a Divorce When You Are Over 50?

There are many ways you can plan for divorce when your are over the age of 50. First, it will be important to consult with an experienced divorce attorney to guide you through the legal aspects of the divorce. You will then want to assess your financial situation. This may involve fully accounting for your debts, assets, retirement savings, etc. Working with a financial planner can help you set yourself up for long-term financial stability. It will also be essential to ensure you have adequate levels of emotional support from friends or family, as a divorce late in life can present unique emotional and financial challenges.

What Makes Divorce When You Are Over 50 Unique?

Gray divorce presents unique challenges that other forms of divorce may not include. For example, as is often the case in gray divorce, the couple may have accumulated significant assets, retirement savings, and established social networks, making the divorce process more challenging to deal with. Financial considerations often play an important role in gray divorce. During proceedings, you and your lawyer will need to determine which assets are marital and which are non-marital. Non-marital assets cannot be divided between the divorcing spouses, but marital assets can be.

How Will My Divorce Affect My Retirement?

The division of assets process, which in gray divorce often includes retirement savings, can reduce the amount available for retirement. Additionally, those assets may also be affected if you were relying on your spouse’s retirement benefits, such as a pension or Social Security. You can work with a financial advisor and divorce lawyer to understand the potential implications of your divorce and develop a new retirement strategy that aligns with your post-divorce financial situation.

How Does Spousal Support Work in a Gray Divorce?

Like in any divorce, spousal support is not guaranteed, but it is instead based on the circumstances surrounding the divorce. Spousal support provides financial assistance to the lower-earning spouse, ensuring they can maintain the standard of living enjoyed during the marriage. The time the couple was married, each spouse’s income, and a person’s earning potential can contribute to whether spousal support is deemed appropriate. In a gray divorce where both spouses may be nearing retirement, the duration of support may be shorter, but the amount could be higher to account for the limited time left to build financial stability.

How Does High Net Worth Affect a Gray Divorce?

When a couple has substantial assets and complex financial portfolios, the division of property and assets can become more challenging and contentious. The process may involve valuing businesses, investments, real estate, and other valuable assets. Additionally, retirement accounts, pensions, and other financial instruments must be carefully evaluated and divided. The involvement of financial professionals like forensic accountants or real estate appraisers may be necessary to ensure an equitable distribution of marital property.

How Do Marital Debts Acquired Over a Marriage Get Divided in a Gray Divorce?

In a Texas gray divorce, debts acquired during the marriage are divided along with marital assets. Texas is a community property state, meaning that all assets and debts acquired during the marriage are considered community property and thus subject to division in a just and right way. This includes debts such as mortgages, credit card debts, and loans. It is important to note that debts incurred before the marriage are considered separate property and, thus, they are not subject to division.

What Are the Financial Risks of a Gray Divorce?

One significant risk involves the division of assets, which can impact retirement plans and financial stability. Splitting retirement accounts, pensions, and investments can reduce income for both parties. Additionally, the cost of living may increase as each spouse has to maintain a separate household. Healthcare expenses may also become a burden, especially if one spouse loses access to the other’s employer-provided health insurance. Lastly, the potential loss of Social Security benefits can be devastating, especially if one spouse has been out of the workforce, further exacerbating financial challenges.

Are There Alternatives to a Gray Divorce?

Yes. One option is marriage counseling or therapy, which can help couples address underlying issues and improve communication and understanding. Seeking professional help can provide a safe space to work through challenges and find solutions. Mediation is also an option in which a neutral third party helps facilitate discussions and negotiations to help a couple reach mutually agreeable solutions. Exploring these alternatives can potentially save a marriage, and it may provide a chance for couples to rebuild their relationship.

How Are Marital Assets Divided in a Gray Divorce?

Marital assets will be divided based on the principle of community property. Property obtained during the marriage is considered jointly owned by both spouses, regardless of who earned or purchased it. Meanwhile, assets that were acquired before the marriage or through inheritance or as gifts are not considered community property and will not be subject to division. Courts in Texas strive for a “just and right” division of community property, considering factors like each spouse’s earning ability, contributions to the marriage, and the needs of each party.

How Are Children’s Expenses, Such as College, Divided in a Gray Divorce?

Parents are encouraged to create a detailed parenting plan that outlines the financial responsibilities of both parties. This plan may include provisions for contributing to children’s college expenses, such as tuition, books, and housing. Some divorcing couples may opt to establish a savings account or trust fund for their children’s education. In other cases, parents may agree to share the costs of college equally or in proportion to their respective incomes. Parents need to work together and consider the best interests of their children when determining how to divide these expenses