Divorce

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What plans can be divided by a QDRO in a Texas divorce? Dallas QDRO lawyer answers

QDROs--qualified domestic relations orders--are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully divide benefits. Retirement Plans That Can Be Divided by a QDRO in Your Fort Worth or Dallas, Texas Divorce There are many ways to categorize types of retirement plans but it is helpful here to divide retirement plans between private employer plans and public employer plans. Private...

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Does my uncontested divorce in Tarrant County, Texas have to have child support?

Under the Texas Family Code no divorce with children is absolutely required to include child support. Fort Worth divorces with children will often include child support because the court is required to consider the best interests of the child. In an uncontested divorce with children the spouses may agree not to include child support in the divorce for various reasons. Child support in an uncontested divorce in Bedford and Fort Worth, Texas Whether a judge will require child support depends entirely upon the discretion of the judge. I have never had a problem with a judge challenging an uncontested divorce where I...

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Difference between attorney and lawyer in Dallas-Fort Worth

People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to use the word lawyer and not attorney.) You might also know other terms or phrases used to reference lawyers or attorneys such as counselor, solicitor, barrister, attorney at law, attorney and counselor or special counsel. In this country these terms generally have no specific legal meaning. At...

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Spousal support in a Texas divorce: Fort Worth divorce lawyer

There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its domestic relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas, and around other part of Texas, to grant any type of spousal support following a Texas divorce. In Texas there are two types of spousal support available to spouses: (1) spousal maintenance; and (2) contractual alimony. Maintenance is a form of spousal support within the Texas Family Code that a judge can order within statutory boundaries. Contractual alimony is a...

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Enforcing child support with child support liens and QDROs with Bedford Divorce Attorney

Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support obligor hides money and assets, dodges the process server, or truly does not have the income stream to pay child support. There are a wide range of remedies available under the Texas Family Law to enforce child support and recover unpaid child support from financial assets of the obligor. Two of those remedies are child support liens...

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Child Support Beyond the Guidelines in Tarrant County, Texas

In family courts in the Dallas and Fort Worth area we see a wide variety of child support orders. If you didn't know better you might think judges come up with these orders out of thin air. Child support orders are actually carefully crafted against a specific set of guidelines under the Texas Family Code. Divorce attorneys and other family law attorneys calculate child support under the guidelines. We also consider whether the guidelines may not provide the child support order in the best interests of the child or children involved in the divorce or other custody lawsuit. The Texas Family...

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Fort Worth QDRO Attorney on the 10% Early Withdrawal Penalty

QDROs are a powerful tool in the property division in a Dallas or Fort Worth divorce. They allow a party to receive part of an employee's retirement plan benefits (such as a 401k or defined benefit pension). Under the federal law that governs private retirement plans (ERISA) an employer generally may not take away or give part of an employee's accrued benefit to another person. (This is known as ERISA's anti-cutback rule.) The exception is for a qualified domestic relations order (QDRO) that awards a portion of the employee's benefit to a spouse, former spouse, child or other dependent of the plan...

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Can my license be suspended for not paying child support in Texas?

Yes, absolutely. Under chapter 232 of the Texas Family Code any license issued by a Texas agency can be revoked or suspended for failure to pay child support including a driver's license, professional licenses, commercial driver's license, business licenses, hunting licenses, fishing licenses and concealed handgun licenses. This can be more than an inconvenience. For parents who require a license to do their jobs it puts their employment at risk. That in turn makes it even more likely that the parent will struggle to pay child support in the future. This is among the many reasons why a child support...

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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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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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