Dallas Family Law: School’s out, Work isn’t!

Posted on | June 22, 2011 | No Comments

Wouldn’t it be nice if parents had the same summer off that their children do? Even if you do happen to be a school teacher yourself, you will invariably have to work at least SOME days during the summer when the kiddos are out of school. If you are not home to watch the kids all day, that means somebody else has to watch them – and that means an increase in child care costs. Who has to foot the bill?

The short answer is, the parent who is in possession of the children. Most Texas Divorce Decrees and Child Support Orders do NOT expressly address who has to pay for daycare. Daycare is generally accepted as one of those things that regular child support payments are supposed to cover. Take a good look at your own court order. If payment of daycare/babysitting is not specifically mentioned, you are probably going to have to pay the babysitter yourself during your summer visitation time.

For information on Dallas Family Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com.

Why does visiting your child make you a good father?

Posted on | June 18, 2011 | No Comments

Why does visiting your child make you a good father?

By Wright Firm, L.L.P. attorney Cynthia Palmer.

It would seem to be common sense that visiting your child or children makes you a good parent, but sometimes it isn’t that simple. Jobs, distance, financial difficulties, strained relationships with the other parent and a multitude of other factors come into play in visiting children. However, children, no matter how intelligent or mature we believe them to be, do not understand these issues. Children love their parents unconditionally and only want to be loved in return. Children learn how to have relationships with others and how to one day be parents by watching their own parents. Therefore, there is no excuse or reason good enough to avoid the responsibility to be a good role model to your children. Children do not need fancy toys or expensive vacations. They just need your time so they feel loved and valued. Take them to the park, fly a kite, blow bubbles, feed the ducks stale bread, take a walk around the neighborhood, go to their soccer games, or show up at school for lunch with them. Failing to visit your children creates a sense that they are not an important part of your life. This isn’t just for the divorced or single dads, this goes for the workaholic dads that work 80 hours a week and don’t get home before bedtime, too. Kids don’t need grand gestures, just your presence and time.

For information on Dallas County Family and Divorce Law contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com

Do I Need A Lawyer To Handle My Dallas Divorce?

Posted on | June 5, 2011 | No Comments

You don’t “need” a lawyer to get a divorce in Dallas, Texas. However, there are many situations in which hiring a lawyer is essential. You will more than likely need a lawyer in a Dallas divorce if you are a couple that has been married for years, have children, a marital home, pension plans, joint bank accounts and debts because you may find that drafting your own divorce paperwork and handling the property division is far too complicated. Even in “uncontested” divorces or cases in which the spouses are in agreement about all aspects of their divorce using an attorney is beneficial. A lawyer can help you deal with all the legal issues surrounding your divorce, specifically issues you might miss if you did the divorce yourself.

For more information contact The Wright Firm, LLP at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com. We have offices in Dallas, Denton, and Lewisville. We also have offices by appointment only in Frisco, Plano, and Ft. Worth. Patrick Wright and Cynthia Palmer are Board Certified in Family Law by The Texas Board of Legal Specialization. All other lawyers are not board certified unless noted.

This Blog is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this Blog should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Blog without seeking advice from your own attorney. Use and access to this Blog or any materials or information provided on this Blog does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys, nor is this Blog a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Blog, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

Category: Agreed Divorce, Dallas Divorce, Dallas Divorce Attorney, Dallas Divorce Lawyer, Dallas family law attorney, Dallas Family Lawyer, Divorce, The Wright Firm, uncontested divorce
Tags: agreed divorce > Dallas Divorce > Dallas Divorce Attorney > Dallas Divorce Lawyer > Dallas Family Law Attorney > Dallas Lawyer > do I need a lawyer > The Wright Firm > uncontested divorce

Modification of Texas Child Support

Posted on | May 29, 2011 | No Comments

I usually receive a telephone call about once a week from someone who has lost their job and asking how they can reduce the amount of child support that they are paying under an existing Dallas, Denton, or Collin County child support court order. Maybe the order is from their Dallas Divorce, the paternity action they had in Denton County, or the Suit Affecting the Parent Child Relationship in Collin County. A Texas court can modify an order that provides for the support of a child, including for the health care coverage under the Texas Family Code if:

(1) the circumstances of the child or a person affected by the order have materially and substantially changed since the earlier of: the date of the order’s rendition; or

the date of the signing of a mediated or collaborative law settlement agreement on which the order is based.

This could be the situation where you lose your job. However, it could also be a situation where he child for health reasons may need additional support.

The next reason could be that:

(2) it has been three years since the order was rendered or last modified and the monthly amount of the child support award under the order differs by either 20% or $100 from the amount that would have been ordered in accordance with the child support guidelines.

This may be the situation where a person has received an increase in salary.

Here is an important point that I explain to people who call me about a modification. A support order may be modified with regard to the amount of support ordered only as to the obligations accruing after the earlier of: the date of citation (service of notice of the lawsuit); or an appearance in the suit to modify. The point: The longer you wait to file the more money you will pay.

If you find yourself in the position where you may lose your job or where your former spouse is making more money give us a call to discuss whether you are receiving or paying the right child support amount. You may reach The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com. We have offices in Dallas, Denton, Lewisville, Texas.

Can The Dallas Family Court Use The Net Resources Of My New Spouse To Compute Child Support?

Posted on | May 12, 2011 | No Comments

. Remarriage of the parent responsible for making child support payments cannot affect that parent’s child support obligations. The Texas Family Code prohibits using any portion of a spouse’s net resources to calculate child support. An increase in household income resulting from remarriage is not considered when determining a parent’s child support obligations. The Dallas Family Court may not add any portion of the net resources of a new spouse to the net resources of an obligor or obligee to calculate the amount of child support to be ordered.

For more information contact The Wright Firm, L.L.P. at 972-353-4600 to speak to one of our Dallas family lawyers (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

Category: Child Support, Dallas Divorce, Dallas Divorce Attorney, Dallas Divorce Lawyer, Dallas family law attorney, Dallas Family Lawyer, Family Law, The Wright Firm
Tags: Child Support > child support payments > Dallas Divorce Attorney > Dallas Divorce Lawyer > Dallas Family Attorney > dallas family court > Dallas Family Lawyer > net resources > spouse's net resources > The Wright Firm

Finalizing a Dallas County Divorce

Posted on | May 11, 2011 | No Comments

You’ve got your Divorce Decree ready and both you and your spouse have signed it. So when and where do you go to get this divorce over with? Here are some helpful tips and tricks for finalizing your Dallas County Divorce:

The Prove-Up Schedule – Know When to Go.

These are the days of the week and times that each court will hear a “Prove-Up” (an agreed final hearing).

	Monday	Tuesday	Wednesday	Thursday	Friday
8:30 a.m.	330^th (3^rd floor) 256^th(4^th floor) 254^th (3^rd floor)	301^st (3^rd floor) 256^th(4^th floor) 254^th (3^rd floor)	302^nd (4^th floor) 256^th(4^th floor) 254^th (3^rd floor)	301^st (3^rd floor) 256^th(4^th floor) 254^th (3^rd floor)	255^th (4^th floor) 256^th(4^th floor) 254^th (3^rd floor)
9:00 a.m.				303^rd (4^th floor)
11:45 a.m.	301^st (3^rd floor)

*All courts are willing to hear prove-ups when not otherwise busy.

**A Spanish Interpreter is available in the 255^th District Court on the first and third Friday of each month.

Court Policies – Know the Rules.

Each Judge in Dallas has his or her own specific rules that you will be held responsible for knowing and following. You can find these rules by going to: http://www.dallascourts.com/forms/lstCourts.asp?division=num then clicking on your judge’s court number. When you get to that Judge’s page, click the green button labeled “Policies and Procedures” underneath the Judge’s picture.

In particular, look for the words “PRO SE” or “PRO SE DIVORCES”. If neither you nor your spouse is represented by an attorney – these rules will apply to your case.

Be forewarned! The 302^nd, 303^rd, 255^th, and 254^thall require pro se persons to submit divorce paperwork to the court clerk to be approved BEFORE you can appear for your prove-up. Also, while technically any district judge can hear your divorce prove-up, the 330^th District Court will ONLY hear pro se divorce prove-ups that are actually assigned to that court.

If you need help with your Dallas County divorce, The Wright Firm is here to help! Give us a call at (972) 353-4600 or check us out on the web at www.TheWrightLawyers.com or www.NoFrillsTexasDivorce.com.

Texas Family Law Mediation Tips from a Client’s Perspective

Posted on | April 17, 2011 | No Comments

Texas Family Law Mediation works in most cases, but not in all cases. Here are a few ways to get more from your mediation.

First, manage the expectations of what will occur at the mediation. Make sure that the mediation process has been completely explained and understood. Nothing can complicate a mediation session like a client expecting the mediator to act as a judge and make the decision in the case. Clients should discuss the mediation process with their legal counsel prior to the mediation date. Clients should also discuss the merits of their legal case with their counsel prior to the mediation. Discussion of the merits of the case includes what the likely result would be if decided by a judge, the strengths and weakness of the evidence in the case, and the potential financial aspects of the case. It is much easier to reach an agreement if each party has a realistic view of their legal case.

Second, clients should understand that mediation is not an all or nothing process. Parties can reach partial settlement agreements if settling the entire case isn’t feasible. By having a partial settlement of the case, the issues are narrowed and therefore less to present to the court. This not only saves in litigation costs and trial time, but also limits what the court will be deciding. Limiting the court’s decision making allows the client to make sure that only the most contested issues are before the court and limits the potential for client disappointment with the court’s ruling.

And lastly, mediation is not the end of settlement negotiations. If an agreement is not reached at mediation, it is not the end of the opportunity to settle without court intervention. The Texas Rules of Civil Procedure give several other mechanisms for settlement outside of court. These tools allow for negotiations to continue without the potential for those settlement negotiations to be used later as evidence in court.

When clients and counsel work together to prepare for mediation and prepare for settlement the mediation process is much more successful and satisfying for everyone involved.

For information about mediation or to have one of our mediators mediate your case contact The Wright Firm, L.L.P. at 972-353-4600 or visit our web site at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law. Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys, nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

Category: ADR, Cynthia Palmer, Mediation, Mediation Tips, Patrick Wright, The Wright Firm
Tags: ADR > Cynthia Palmer > Dallas Mediation > Dallas Mediator > Denton Mediator > Family Law Mediation > Lewisville Mediator > mediation > Mediation Tips > Mediator > Patrick Wright > Texas Mediation > Texas Mediator > The Wright Firm

Dallas Divorce: Standing Orders

Posted on | April 5, 2011 | No Comments

For every Dallas Divorce case that is filed in Dallas County, a specific set of orders attaches to each party just as soon as the case is filed. These orders act as a sort of temporary restraining order – in other words, they give the parties to a case some “ground rules” for how to behave while their case is ongoing in a Dallas County Court.

The orders are meant to serve 2 basic purposes: 1) to keep the peace, and 2) to preserve property in divorce cases. To keep the peace, the parties are ordered (among other things) not to threaten, assault or harass each other. They are ordered not to hide or secret the children from each other, and ordered not to make negative remarks about each other in front of the children. To help preserve property, the parties are ordered (among other things) not to damage or destroy property, not to hide money or withdraw money from bank accounts except to pay normal living expenses and legal fees. The idea is to try to “freeze” all the property and debts that the spouses have until a settlement can be reached or the judge can divide everything for the parties.

You can read the full text of the Dallas County Standing Orders here: http://www.dallascounty.org/department/districtclerk/forms/AmendedStandingOrder.pdf

If you are considering filing a family law case in Dallas County, The Wright Firm is happy to help you! Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

What’s a Dallas Divorce pleading?

Posted on | March 15, 2011 | No Comments

In a very literal sense, a Divorce pleading is a paper document that is filed with the Court. Your Dallas Divorce pleadings are how you let the Court and the opposing side know your position on the issues of your case. It’s your way of telling your side of the story, so to speak. All pleadings must be signed – either by the attorney filing them, or by you if you are representing yourself.

Most pleadings contain some basic facts about the case, such as who the parties will be, where notice should be given to the other party, and the kind of lawsuit the case will be. You can ask your attorney what kind of information needs to be included in your pleadings, or you can research this yourself by looking at the Texas Code sections that apply to your case. All Texas Codes and Statutes can be found here: http://www.statutes.legis.state.tx.us/

There are websites and forms out there that can help you to draft your own pleadings. However, nothing is a substitute for the advice of a licensed attorney. If you need help drafting pleadings, or you want an attorney to look over your pleadings for you, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com

Category: Dallas Divorce Attorney, Dallas Divorce Lawyer, Divorce Pleading, Pleading
Tags: Court > Dallas Divorce > Dallas Divorce Attorney > Dallas Divorce Lawyer > Divorce Pleading > Pleading > The Wright Firm

Politics, Religion and Marriage

Posted on | February 26, 2011 | No Comments

When making polite small talk, manners experts warn against discussing certain controversial topics. “How’s your wife?” never used to be one of those taboo subjects. These days, though, marriage is right up there at the top of the list for very heated political debate.

The Obama administration announced this week that it will no longer defend the 1996 Defense of Marriage Act (“DOMA”), the federal law which denies recognition of same-sex marriages. As would be expected, conservatives are furious and gay rights activists exultant. Both sides are using the announcement as fuel to the fire of their own respective convictions.

And so the debate continues. Political theorists speculate that the issue of what defines “marriage” will be on an equal footing with the economy as focal points for the upcoming 2012 elections, particularly from GOP candidates.

Several states including Iowa, Massachusetts, Connecticut, Vermont and New Hampshire, have already passed state laws legalizing same-sex marriage. Texas law expressly does not acknowledge same-sex marriages. In fact, Dallas County recently got some national attention regarding whether the State would have to recognize a same-sex marriage from another state in order for the couple to get divorced in Texas. The 5^th Court of Appeals in Dallas ruled in August of 2010 that Texas Courts do not have jurisdiction to hear a divorce case between persons of the same sex.

So at least for now, if you are a person married to a person of the opposite sex and would like to get un-married, the Wright Firm can help you! Give us a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

Category: Dallas Divorce, Dallas Divorce Attorney, Dallas Divorce Lawyer, Dallas Family Law, Dallas family law attorney, marriage, Same Sex Marriage, The Wright Firm
Tags: Dallas Divorce > Dallas Divorce Attorney > Dallas Divorce Lawyer > Defense of Marriage Act > marriage > Obama > Same Sex Marriage > The Wright Firm

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The Wright Firm, LLP Family

Dallas Family Law Attorneys

Dallas Family Law: School’s out, Work isn’t!

Why does visiting your child make you a good father?

Do I Need A Lawyer To Handle My Dallas Divorce?

Modification of Texas Child Support

Can The Dallas Family Court Use The Net Resources Of My New Spouse To Compute Child Support?

Finalizing a Dallas County Divorce

Texas Family Law Mediation Tips from a Client’s Perspective

Dallas Divorce: Standing Orders

What’s a Dallas Divorce pleading?

Politics, Religion and Marriage

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