A wide range of topics are covered by family law, such as adoption, child support, custody, divorce, and alimony. You need an experienced family law attorney whether you have decided to make changes in your life or are just looking for information about your alternatives.
Many parents are concerned about the emotional toll divorce will take on their kids. According to research, kids adjust well to divorce after 24 months on average. Additionally, they discover that kids who grow up in a household where there is frequent disagreement between their parents generally have greater issues.
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It’s time to work with a family law attorney in Greece. There are advantages to moving on with it now that the new year has begun.
1. Cut Off a Negative Relationship
It is simple to become involved in a poisonous relationship. It’s possible that you are unaware that you are in one. If there is competitiveness, disrespect, disagreement, constant arguments, emotional or physical abuse, or if one partner is attempting to undermine the other, your relationship is toxic.
If your relationship is continuously draining your energy and making you sad, it is one surefire indicator that you are in this kind of relationship. To discover out your legal rights and choices if you find yourself in a predicament like this, you might want to speak with a family law attorney.
In the US, 39% of divorces are the result of one of the following frequent reasons:
Financial difficulties
Infidelity and extramarital affairs that lead to an unworkable marriage
Sexual issues, such as incompatibility sexually and sexless marriages
misuse of substances
abuse, either physical or emotional
Regardless of the cause behind your desire to end a relationship, contacting a family lawyer can help you start down the path to a happier, more fulfilling life.
2. Your Past Partner Received a Promotion
You came onto your ex-spouse’s post about obtaining a promotion at work as you were quickly scrolling through social media. It makes sense that if they received a promotion, their pay would have increased as well. This may affect how much your minor children contribute in child support if you have any.
When a parent’s income changes, they are required by law to inform the court. When money decreases, people usually remember to take this step; yet, when income increases, they readily forget to do so. By submitting a petition asking for an increase in child support, you can take the issue farther.
After that, the court will have to go over the income of both parties and recommend whether or not paying more for medical expenses or increasing child support is appropriate. The following factors are taken into account while determining child support:
The parents’ respective income and earning capacity
The educational background and employability of each parent
The price of daycare and schooling
The price of medical treatment and health insurance
The living expenses
A parent’s employability is determined by their income. This stops a parent from temporarily accepting a low-paying job in an attempt to reduce their child support obligation.
For instance, consideration will be given to parents who are licensed dentists but work in small factories for menial wages. It is clear that the parent is not making as much money as they could be. Both parents must adhere to this norm.
Although the aforementioned elements are taken into account, in general, 20% of your net income will be used to maintain one kid. Support will thereafter be at least 40% of your net salary if you have six or more children, at which time the ratio rises by 5% for each additional kid.
To support your stance in asking the increase, your attorney will be educated about child support rules and how to ensure the request is completed correctly.
3. Conflicts over Custody and Parenting Time
Now that the holiday parenting period is over, issues have surfaced. One parent may want to pursue a modification of custody or parenting time for a number of typical reasons, such as:
A parent is relocating out of state or by a significant distance.
Parental imprisonment
Putting the youngster at risk
disregard for the court’s directive
Little ones are natural talkers, so you could hear of unsuitable activities taking place in your ex-spouse’s house. This can vary from very simple issues like the kids’ uncomfortable sleeping arrangements to more serious allegations of emotional, physical, or drug abuse, or even mental illness.
Your child’s safety should always come first. It is not advisable for you to try to represent yourself if you think your child could be in danger. You may find out where you stand and what to do to make sure the accusations you are making are true by speaking with a family law attorney.
The lawyer can offer you guidance on how to move forward in the kids’ best interests. This norm is outlined in §153.002 of the Texas Family Code, which specifies that the child’s best interests should always come first when making decisions about custody and parenting time.
Minor children’s living arrangements are rarely disturbed by courts unless there has been a significant change in circumstances. This shift needs to be substantial, tangible, and potentially long-lasting.
4. Disobedience to Court Order
Family law attorneys are aware of the difficulties that might arise from disobeying a court order that leads to contempt of court. In cases involving divorce, custody, or child support, this can occur at any moment. Despite the fact that a court order should maintain order, people regularly attempt to circumvent them.
A motion must be filed in order to ask for a party to be placed in contempt. Texas Family Code Section 157.002 states that the order’s provision that you want enforced must be included in the motion. It must also include a request for redress and explain how the respondent is disobeying the court order.
The court has the authority to impose fines on someone who disobeys an order. They could issue a fresh order or, on occasion, a jail sentence.
You should work with a family law attorney who is skilled in drafting motions to hold the other party in contempt or to enforce court orders if you are dealing with someone who is refusing to follow them.
There may be a number of reasons for this, such as an ex-spouse who is refusing to give you the assets that were granted to you in the divorce settlement or who did not refinance the joint assets into their name. Instances of contempt may also include harassment, nonpayment of alimony or support, and breaches of parenting time.
5. Trusts and Wills
What happens to them in the event of an early death is one area of family law that many people leave to chance. You may ensure that your final intentions are carried out when you work with a family law practice that has estate planning attorneys on staff.
Your assets will be subject to Texas’s intestate succession law if you pass away without a valid estate plan. Distribution is determined by the legislation based on the presence of surviving parents, children, or close relatives.
Your spouse will inherit all of your community property as well as one-third of your separate property if you have a spouse and children who are your joint property. Additionally, they will have lifelong access to your real estate. Whatever remains will be inherited by your offspring.
If you are married, the regulations are different, but your spouse is not your problem with the children. In this case, your spouse will inherit 1/3 of your distinct personal property, ½ of the communal property, and the lifelong right to occupy your real estate. Everything else, including a half-interest in all common property, will pass to your offspring.
For different family situations, there are many versions. It’s crucial to realize that your wishes for your family and what the state determines through legislation may differ greatly.
Your family will be spared a great deal of taxation by placing your possessions into a trust. You name in your will who will look after your minor children in the event that you pass away before they reach adulthood.