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Bedford divorce attorney dividing retirement plans with a QDRO

Retirement plan benefits, like 401k accounts and pension benefits, are often divided in a Texas divorce as part of the property division. Retirement benefits often represent one of the largest assets in the marriage (along with the house and cars). Their division may play an important role in fairly dividing the marital property between the spouses. Most retirement plans are subject to federal laws that become entangled with the division in the divorce. The property division in the divorce is governed by state law (Texas Family Code). The retirement plan itself undoubtedly also has specific rules that relate to how...

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Can I take my QDRO money early after my Fort Worth, Texas divorce?

Often divorces divide retirement plans like a 401k or defined benefit pension. A judge signs a QDRO (qualified domestic relations order) ordering the retirement plan administrator to divide the benefit. The ability to take funds from the plan under the QDRO depends upon the terms of the QDRO and plan rules. Some plans allow the alternate payee to take the money as soon as administratively possible. Other plans limit distributions to some time in the future. The QDRO may order that the funds unavailable until certain conditions occur. That is true even if the plan rules would otherwise allow the alternate payee to...

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Dealing with Dividends in a Texas Divorce: Fort Worth divorce attorney explains

Dividing property in a Texas divorce can be a complication and expensive affair under the Texas Family Code. The Texas Family Code lays out a complicated framework of community property rules. Property may be community property of the marital estate, the separate property of one spouse, or separate property jointly owned by the spouses. The type of property, its acquisition, its distributions and capital gains (or losses) all affect how to divide property during a divorce. Allocating property as separate property rather than community property is extremely valuable in a divorce. If the property is separate property then it is not subject...

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What happens if my employer miscalculates my FMLA eligibility in Texas? Dallas employment lawyer explains

FMLA protects a covered employee's right to up to twelve weeks of protected leave time for specific medical conditions for the employee or an immediate family member. An employee must qualify for FMLA protections to invoke the right to leave under the statute. An employee who does not qualify for FMLA leave must look to other laws or the employer's voluntary leave policy. To be eligible for FMLA leave: The employee is covered under FMLA (with sufficient service time and hours). The employer is a covered employer (with at least 50 employees in a 75 mile radius). The employee is eligible for the...

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10 Keys to Tackling Defined Benefit QDROs in a Dallas or Fort Worth, Texas Divorce

Dividing defined benefit pension benefits in a divorce strikes fear into the hearts and minds of divorce attorneys. Defined benefit pension plans, often simply called pensions, are far more complex than the relatively newer defined contribution plans like 401ks and ESOPs. Defined contribution plans are often easy to divide in a divorce. They maintain records of individual accounts on behalf of plan participants with records of account activity. Most defined contribution plans use a daily valuation. The account value can in determinable on specific dates, such as the date of marriage, separation and divorce. Defined benefit plans do not make things so easy. In a...

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What is the employment at will doctrine in Texas?

All states except Montana follow the employment at will doctrine for employees. Although the employment at will doctrine governs employment relationships in Texas and most of the country since the days of the Founding Fathers, there is still a great deal of confusion about what this means. Part of the continuing confusion is the growing body of law modifying the employment at will doctrine. Understanding the employment at will doctrine is vital for any employee employed in an at will relationship. Today's post will help unravel some of the confusion, particularly for those who have been wrongfully terminated in Texas. What...

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What is the statute of limitations to sue an employer in Texas? Fort Worth employment attorney explains

In Texas an employment lawsuit may arise under a combination of federal, state and local laws. This is true whether the lawsuit is for wrongful discharge, pay or benefits issues, discrimination, FMLA, or other employment claims. All forms of employment claims carry a limitations period. The statute of limitations is not universal for each of these claims. Technical procedural rules may determine the calculation of the statute of limitations to a particular employment claim. The best thing to do if you believe you have an employment claim is to contact Texas employment lawyers. Today's post will discuss some of the limitations periods for common employment claims. Wage/Pay/Compensation...

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7 misconceptions about Texas employment law: Dallas employment lawyer

Employment law is probably the area of law most misunderstood of those that affect people on a daily basis. There is a lot of information floating around that is inaccurate or inapplicable to Texas law. Each state has its own set of labor and employment laws. What is true in one state may not be true here in Texas. As an employment lawyer in Texas in Dallas and Fort Worth there is only so much I can do to help people who have been lawfully fired over a misconception of Texas employment law, particularly about wages, overtime, harassment, discrimination and FMLA rights....

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Fort Worth Employment Lawyer and Overtime Pay

Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employees not exempt must receive overtime pay at a rate of one and a half times their regular rate of pay for each hour of work over forty hours in the workweek. FLSA Exemptions for Minimum Wage and Overtime Pay There are a number of exemptions under the Fair Labor...

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Bedford divorce lawyer on saving money on a QDRO in an uncontested divorce

I help people with both contested divorces and uncontested divorces in both Tarrant County and Dallas County. It's easy to work the Dallas/Fort Worth area with an office located between Dallas and Fort Worth. Although both counties follow the same law in an uncontested divorce, each county has its own rules that sometimes differ. Today's post will discuss a filing fee specific to Dallas County courts that can make your uncontested divorce expensive. This filing fee is to submit a QDRO--a qualified domestic relations order--after the divorce. When it comes to uncontested divorces there's no reason to spend any more money than necessary. QDRO in a Bedford,...

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