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Texas Child Custody and Support

Texas-Divorce-Children Divorce Law

Texas Child Custody and Support

If children are involved in your divorce, you will need to work out custody, visitation and support issues with your ex. All courts, regardless of the state you live in, prefer parents to work out the details of raising their children together after a divorce. If a court needs to get involved, usually because the parents can’t agree, the court will always look to the best interests of the child or children in deciding issues of custody, visitation and support. Following are the Texas laws governing child custody and support.
Texas Child Custody:
Texas courts try to do everything possible to decrease the emotional impact on children whose parents are divorcing. The courts will encourage the parents to work out a plan. If the parents cannot agree on a custody plan, the court will use its own discretion to establish a custody order that will always be based on the best interest of the child or children. The court will also consider:
1) The health, welfare and safety of the child(ren);
2) Any history of neglect, sexual abuse, or sexual assault by a parent;
3) Any history of family violence.
A child over 12 may file a document with the court asking to have custody given to a person chosen by that child.
Texas Child Support:
Texas courts use something called the Percentage of Income formula to calculate how much a parent must provide for support of the child or children. The court requires a parent to pay a certain percentage of his or her income for child support. The percentage is based on the number of children. For example, a non-custodial parent with one child might be required to pay 20% of his or her net income as child support. In some situations both parents may be required to pay support. See Texas Divorce Resources and Statutes for child support enforcement resources.
A lawyer can help you sort through your rights and responsibilities when it comes to childrearing after a divorce, and serve as your advocate and/or counsel when negotiating a parenting agreement. You can find a lawyer at:
Texas Divorce/Child Support/Child Custody Lawyers:
Find an experienced Texas Divorce Attorney at AttorneyPages.com
Find an Experienced Texas Child Support & Custody Lawyer at AttorneyPages.com
Post your case to a Texas Divorce Lawyer
How a Family Lawyer Can Help
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce Law, Lawyers & Attorneys
Texas Divorce & Separation
Texas Divorce & Finances
Texas Divorce Resources & Statutes

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Texas Divorce & Finances

Texas-Divorce-Finances Divorce Law

Texas Divorce & Finances

Separating the intricacies of joint finances during a divorce can be complicated. How do you divide property? What are the tax consequences? Are there estate planning issues that need to be addressed? Will you pay spousal support, and if so how is the amount determined? Following are some laws specific to Texas Divorce and Finances.
Texas Property Division/Community Property/Debts:
Texas is a community property state. For an explanation of community property rules and the division of property in community property states, see Dividing Up Property in a Divorce: Community Property vs. Equitable Distribution. Courts can give more property to an innocent spouse in a divorce action based on fault. For the meaning of fault, see The Divorce Process: From Separation to Final Judgment.
Texas Spousal Support:
In Texas spousal support is called maintenance. This is a regular amount of money that a court orders a person to pay to a former spouse after a divorce. Whenever the court issues a decree for divorce, the court may also issue an order at that time that either the husband or wife pay maintenance for the other spouse.
This amount and the length of time it will be paid are determined by agreement of the parties or the decision of the court. A court’s decision will be based upon factors such as financial resources; education and employment skills; duration of the marriage; earning ability; and childcare.
A spouse is usually eligible for maintenance only if the marriage lasted 10 years or more, unless the spouse from whom the maintenance is asked has been convicted of domestic violence in the past 2 years. In either case, maintenance is not usually granted for more than 3 years.
You may need a lawyer to help you deal with the financial aspects of your divorce if you and your ex cannot agree. You can find a lawyer at:
Texas Divorce/Child Support/Child Custody Lawyers:
Find an experienced Texas Divorce Attorney at AttorneyPages.com
Find an Experienced Texas Child Support & Custody Lawyer at AttorneyPages.com
Post your case to a Texas Divorce Lawyer
How a Family Lawyer Can Help
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce Law, Lawyers & Attorneys
Texas Divorce & Separation
Texas Divorce & Children
Texas Divorce Resources & Statutes

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Texas Divorce & Separation

Texas-Divorce-Seperation Divorce Law

Texas Divorce & Separation

Every state has its own laws and rules pertaining to separations and divorces. What are the minimum requirements for getting a divorce in Texas? Is mediation required before you can get a Texas divorce? What is a Texas annulment? Find the answers to your Texas divorce questions here.
Texas Legal Separation:
Texas law has no provision for a legal separation. If you file for a divorce, you can ask the court for orders that deal with things like use of property-e.g. who gets to live in the house-and temporary child custody and support. Texas is a community property state, and living apart does not make property you acquire separate property. For example, your salary becomes your separate property when you are no longer officially married (i.e., when your divorce is final). For more information about property division in a divorce, see Dividing Up Property in a Divorce: Community Property vs. Equitable Distribution. For more information about the differences between divorce, separation and annulment, see Ending a Marriage or Taking a Break.
Grounds for Divorce/Fault – No Fault:
Texas has both no-fault and fault divorce. For more information about what that means, see The Divorce Process: From Separation to Final Judgment. Your grounds (or reasons) for wanting a divorce are set out in a document called a Petition for Divorce that you file with your District court in your county. Once the Decree of Divorce is granted (i.e. the judge approves your divorce), you will become an unmarried person again. Appropriate grounds for divorce in Texas are: 1) cruelty; 2) adultery; 3) conviction of a felony (imprisoned for at least 1 year without a pardon); 4) abandonment (for at least 1 year); 5) living apart (without cohabitation for 3 years); and/or 6) confinement in a mental hospital (for at least 3 years).
Residency/Where to File for Divorce:
One of the parties to the marriage must have been a resident of the state for six months and a resident of the county in which the petition is filed for 90 days preceding the filing. You will file your paperwork with the District Court of Texas in the county in which you or your ex-spouse resides. The District Clerk and his or her assistants will be managing your paperwork with the court. See Texas Divorce Resources and Statutes for information on how to contact your local District Court.
Texas Online Divorce Services:
Texas Online Divorce powered by 3 Step Divorce.
LegalZoom.com – An online documentation service that helps users file for divorce.
CompleteCase.com – Offers an affordable way to file for uncontested divorces online.
Divorce Mediation in Texas:
Mediation is an option that many divorcing couples choose when working out the specific terms of their settlement agreement. It’s less expensive than hiring two lawyers, and perhaps more importantly for the long run, it can keep the parties from becoming adversaries. In Texas the court can refer a case to mediation and the mediation agreement may be legally binding.
Texas Annulment:
An annulment is when a court declares your marriage legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with. A marriage can be annulled if, at the time of the marriage, one party was underage, if the person asking for the annulment was under the influence of alcohol or narcotics, if one party concealed a divorce (within the last 30 days), if the marriage took place less than 72 hours after the license was issued, or due to permanent impotency; fraud, duress, or force; mental incapacity, consanguinity (too closely related); or bigamy. To seek an annulment from the District Court, you will need to file a petition for annulment.
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce Law, Lawyers & Attorneys
Texas Divorce & Finances
Texas Divorce & Children
Texas Divorce Resources & Statutes

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Texas Divorce Law, Lawyers & Attorneys

Texas-Divorce Divorce Law

Texas Divorce Law, Lawyers & Attorneys

There’s rarely a happy time to contemplate a divorce or separation. These issues are typically fraught with stress and anxiety. It does help, however, to know what the legal issues are and what to expect in the divorce or separation process. This information is designed to give you knowledge and understanding about your rights and responsibilities. You may wish to read our divorce articles first before proceeding on to the specific laws in the state of Texas, as presented in the Texas Divorce Law links below. See Texas Resources & Statutes for a list of our divorce articles.
Texas Divorce/Child Support/Child Custody Lawyers:
Find an experienced Texas Divorce Attorney at AttorneyPages.com
Find an Experienced Texas Child Support & Custody Lawyer at AttorneyPages.com
Post your case to a Texas Divorce Lawyer
How a Family Lawyer Can Help
Texas Online Divorce Services:
Texas Online Divorce powered by 3 Step Divorce.
LegalZoom.com – An online documentation service that helps users file for divorce.
CompleteCase.com – Offers an affordable way to file for uncontested divorces online.
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce & Separation
Texas Divorce & Finances
Texas Divorce & Children
Texas Divorce Resources & Statutes

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Medtronic Accused of Theft in Texas Lawsuit

Medtronic Texas Lawsuit Defective Products

Medtronic Accused of Theft in Texas Lawsuit

Medtronic, Inc., the Minnesota technology company recently in the news for recalling its Sprint Fidelis defibrillator leads, is in the news again – this time for civil theft in a Texas case. The allegations against the company are rather unbelievable. Read on.
The case
A Texas man had a Medtronic dorsal column stimulator (a device that provides pain relief with electrode stimulation) surgically implanted. However, the device began to malfunction – leaving him in severe pain.
His doctor surgically removed the device in early 2006 and it was sent to Medtronic for analysis. Rather than provide the patient with information on what went wrong, the company destroyed the device – which left the patient with no evidence in case he decided to sue the company for providing him with a defective device. Well, he sued anyway.
Allegations
According to the lawsuit, he sued Medtronic alleging that the product was “defectively designed, manufactured and/or marketed by the company.” The suit also accuses the company of fraud, fraudulent concealment, negligence, gross negligence, malicious behavior and breaches of both express and implied warranties.
Those are a lot of allegations, but he wasn’t done yet. He is also accusing the company of committing criminal acts through false, misleading and deceptive advertising about the safety of the product. He is seeking damages for medical expenses, physical pain and suffering, mental anguish, disfigurement, physical impairment, loss of earnings, loss of family relations, loss of consortium and household services, property damage and lawyers’ fees.
A company who’s seen better days
As if the Texas lawsuit wasn’t bad enough, the company’s October defibrillator lead recall affects nearly 235,000 patients worldwide – 172,000 in the United States alone – which may have contributed to five deaths. Patients who have defective leads (Sprint Fidelis model numbers 6930, 6931, 6948 and 6949) may have to undergo risky surgery to replace the defective product.
The U.S. Supreme Court also recently declined to hear a case in which Medtronic appealed to the court saying that the Food and Drug Administration (FDA), and not Medtronic, should ultimately be liable for defects that arise in their products because the FDA has final say on product approvals.
All this and a 25% drop in their stock price in just over a week since the recall, the company has surely seen better days.

Texas Divorce Resources & Statutes

Texas-Divorce-Resources Divorce Law

Texas Divorce Resources & Statutes

If you would like to learn more about Texas divorce laws, research the Texas Code on your own, or simply need a lawyer specializing in Texas divorce law at this time, you will find the resources you need right here.
Texas Divorce Resources:
Texas District Courts: Divorces in Texas are filed in District Courts for the county where the party filing the divorce lives. While some district courts handle both civil and criminal cases (divorce being a civil matter), courts in more densely-populated areas may specialize in civil or criminal matters. Bexar, El Paso, and Travis counties all have some kind of free advice available for residents through the county.
Texas Divorce Forms and Self-Help Information Online: Texas LawHelp.Org provides self-help legal information and legal forms for the Texas general public.
Texas Domestic Violence Crisis and Support Resources: Contact information for Texas domestic violence shelters, crisis centers, safe houses, and violence prevention programs. Links to Texas Resources for legal aid, legal forms, Texas attorney general, law enforcement, child abuse, child support, social services, finding a lawyer, finding a counselor, and more.
Collaborative Law Institute of Texas: Provides information about the collaborative law process, a process by which couples end their marriage with attorneys, but without going to court. All matters are resolved in a less confrontational manner. CLI provides training for lawyers involved in this process and has a listing of collaborative law professionals in Texas.
Texas Mediation Services: Directory of mediators in Texas.
Texas Child Support Help-Office of the Attorney General: The official child support enforcement agency for the state of Texas, the Child Support Division may provide the following services, depending on the circumstances of each case: Locating a non-custodial parent; establishing paternity; establishing and enforcing child support orders; establishing and enforcing medical support orders; reviewing and adjusting child support payments; collecting and distributing child support payments.
Texas Legal Aid: Texas Legal Services Center provides links to state and federal legal aid resources and a legal hotline for Texans.
Texas Divorce/Child Support/Child Custody Lawyers:
Find an experienced Texas Divorce Attorney at AttorneyPages.com
Find an Experienced Texas Child Support & Custody Lawyer at AttorneyPages.com
Post your case to a Texas Divorce Lawyer
How a Family Lawyer Can Help
Texas Online Divorce Services:
Texas Online Divorce powered by 3 Step Divorce.
LegalZoom.com – An online documentation service that helps users file for divorce.
CompleteCase.com – Offers an affordable way to file for uncontested divorces online.
Free Advice Divorce Articles:
Common Law Marriages
Dividing Up Property in a Divorce: Community Property vs. Equitable Distribution
The Divorce Process: From Separation to Final Judgment
Ending a Marriage or Taking a Break
Effect of Premarital Agreements on Divorce
Effect of Divorce on Taxes
Effect of Divorce on Estate Planning/Wills
Texas Family Law Statutes:
Texas Divorce:
Grounds/Fault – No-Fault: Texas Family Code Section 6.001-6.008
Residency/Where to File: Texas Family Code Sections 6.301-6.305
Divorce Mediation: Texas Family Code Section 6.602
Annulment: Texas Family Code Sections 6.101-6.203
Texas Divorce and Finances:
Property Division/Debts: Texas Family Code Sections 7.001-7.008
Spousal Support: Texas Family Code Sections 8.001-8.059
Texas Divorce and Children:
Child Custody: Texas Family Code Sections 153.001-153.434
Child Support: Texas Family Code Sections 8.001-8.059
Texas Divorce Laws: Click below to find the Texas Divorce laws you’re looking for:
Texas Divorce Law, Lawyers & Attorneys
Texas Divorce & Separation
Texas Divorce & Finances
Texas Divorce & Children

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Canadian Law Firms Sue Medtronic for $550 Million

Medtronic Lawsuit Defective Products

Canadian Law Firms Sue Medtronic for $550 Million

Two Canadian law firms have filed a class action law suit against Minneapolis, MN based technology giant Medtronic after it recalled its Sprint Fidelis defibrillator lead last week. The Canadian law suit seeks a whopping $550 Million for the manufacture and sale of a defective product.
Latest law suit in a probable series of many
The Canadian lawsuit, filed by REKO Barristers and Rochon Genova LLP, is the latest lawsuit to be filed against the Medtronic, Inc. and Medtronic of Canada, Ltd.. The company recalled its defibrillator lead after discovering that the lead may fracture, causing patients’ hearts not to receive an electrical shock when needed or to receive too many shocks when not needed. The company has said that the defective product, which it has stopped selling, may have caused five reported deaths.
Additional lawsuits have been filed against Medtronic in Minnesota and Puerto Rico and industry experts say that this may only be the beginning as Medtronic may have known about the defect long before it came forward and recalled the product. If that is the case, lawyers now have the task of finding out how much the company knew – and when they knew it.
Lack of required testing
Defibrillator devices are normally scrutinized by the U.S. Food and Drug Administration (FDA) before being approved for sale on the market. However, only limited testing was required on Medtronic’s Sprint Fidelis lead as it replaced an older version, the Sprint Quattro. According to the FDA, the differences in the leads were not significant enough to warrant additional testing. The FDA is now under fire for not doing enough to protect the public against defective products – especially in this case as the consequences could be deadly. However, in February 2008, the U.S. Supreme Court ruled 8-1 in Riegel v. Medtronics that patients injured by certain medical devices approved by the FDA cannot sue the product’s manufacturer. As of August 2008, the Supreme Court’s ruling is being challenged in both the U.S. Senate and House of Representatives. If you think you may have been injured from Medtronic’s Sprint Fidelis defibrillator lead, contact an attorney in your area to discuss your situation. Click here, to contact a Medtronic recall attorney whose practice focuses in this area of the law or to lean more about the Medtronic Recall.

Do I keep something secret or patent it?

Secret Patent Intellectual Property Intellectual Property

Do I keep something secret or patent it?

That will depend on the specific facts and circumstances of your invention. For example, how long do you expect it will be commercially viable? If it you think the secret can remain secret for a long time and are confident that no one will be able to figure it out on their own, you may prefer to keep it as a trade secret. The formula for Coca-Cola was developed over 100 years ago, and it is still a trade secret. As patents have a limited duration, and are made public when they are issued if the inventor of Coca Cola had patented it, the patent protection would have run out long ago. Today anyone would be able to use the formula. Very often lawyers assist inventors in making choices between seeking to protect an invention with a patent or by relying on trade secret law. See the section on Trade Secret Law for more information.

Dog Bite Injuries: How a Lawyer Can Help

Dog Bite Lawyer Injury Law

Dog Bite Injuries: How a Lawyer Can Help

Many people believe that dog bite injuries may not require the assistance of a qualified lawyer. In reality, nothing could be further from the truth. So, how can a qualified lawyer help? Read on.
Collecting valuable information
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that, in his experience, hiring an attorney right away in a dog bite case is very important because valuable witness information can be lost with the passing of time. He told us, “An experienced attorney can deal with witness statements, get the medical documentation together and verify lost wage information and other elements of damage – which can be daunting tasks in and of themselves. The attorney does this day in and day out and knows how to do it. He’s going to do a better job at it.”
Going toe to toe with insurance lawyers
Recordon also says that making sure you have someone on your side to go toe to toe with the insurance company’s lawyers is crucial. He explained:
One thing to bear in mind is that the insurance company, if there is one, will have an attorney on their side. So, it’s important that you are represented as well, so that the attorneys can deal with each other on that level – especially since the investigation starts immediately after the bite.
The adjustor is paid by the insurance company and they’re in business to make a profit. His job is to pay out as little as possible on a claim. Although the adjustor may seem really nice the victim may think that he or she will be treated fairly, the reality is that it’s a business and the adjustor is hired to do a job, which is paying out as little as possible. If that job is not done, it could get him fired.
So, they’re not there to do you a favor. They’re there to protect their own employer, which is the insurance company. An experienced attorney can also deal with witness statements, get the medical documentation together and verify lost wage information and other elements of damage – which can be daunting tasks in and of themselves. The attorney does this day in and day out and knows how to do it. He’s going to do a better job at it.
A common misconception
Dog bite victims often think that if they represent themselves, they’ll get more money in the end because they won’t have to pay an attorney. However, Recordon says that exactly the opposite is true.
What happens in reality is that when the insurance company is dealing with someone who’s not represented, the victim tends not to get anywhere close to the amount of money that they would net with an attorney’s representation. The difference in knowledge, putting the case together and preserving the evidence is huge. There’s just no way that someone who isn’t skilled, experienced and has handled these cases for many, many years can come anywhere close to getting the same net amount out of the insurance company.
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential. To speak with an experienced attorney, please click here.

What are the options for someone whose Chapter 7 filing would be abusive?

bankruptcy abuse chapter 7 consumer bankruptcy

What are the options for someone whose Chapter 7 filing would be abusive?

Most consumers can file under Chapter 13, which requires them to submit a repayment plan for confirmation by the court. Among other things, the plan must commit all of the debtor’s disposable income over the course of the plan. Formulating a Chapter 13 plan is best done with the help of a competent bankruptcy lawyer, but there are some general guidelines that will help a consumer understand what the lawyer will be doing.
Consumers whose debts are too large for Chapter 13 might file under Chapter 11. In general, a Chapter 11 case involves the formulation of a plan and a disclosure statement that the debtor submits to a vote by creditors. The complexities of Chapter 11 are beyond the scope of a simple online explanation like this one. Someone who is not an experienced bankruptcy lawyer can probably not successfully handle a Chapter 11 case.
Family farmers can file under Chapter 12. Chapter 12 is much like Chapter 13, but is available without regard to the size of the debts.
A Chapter 13 petition includes a form (B22C) that’s very much like the means-test form used in a Chapter 7 case. The form first directs the debtor to calculate Current Monthly Income (CMI) in exactly the same way. The CMI of the debtor(s) and the non-filing spouse are then compared to the state median income for same-sized households to determine the so-called “commitment period.” The commitment period is either 3 years (below median) and 5 years (above median). Some consumer bankruptcy lawyers believe that the commitment period is just a number that doesn’t necessarily govern how long the plan will actually last, but there is no case law deciding this point one way or the other.
The B22C form then directs a married debtor filing individually to subtract out the non-filing spouse’s income to leave an adjusted CMI that includes (a) the debtor’s income, and (b) the non-filing spouse’s contributions to the debtor’s household expenses. If the result is above median, the debtor must go on to calculate disposable income according to a statutory formula. Otherwise, the debtor will stop filling out the form and calculate disposable income as under prior law (that is, by subtracting actual expenses from Schedule J from actual net income from Schedule I, subject to the scrutiny of the United States Trustee).
The statutory formula for disposable income for above-median filers applies the same complicated set of deductions as does the Chapter 7 means test, plus two more. In addition to the expenses that are deducted on the B22A form, the B22C form allows a further reduction in income for (a) income received for child support, and (b) voluntary contributions to retirement plans. As a result, it is entirely possible for a debtor to have negative disposable income (meaning that no Chapter 13 plan is feasible) and yet have the presumption of abuse arise in a Chapter 7 filing. In the absence of case law under BAPCPA, it is not entirely clear what chapter such a debtor should file under.
Expense figures to be used in figuring disposable income are derived from the collection standards used by the IRS in tax delinquency cases. The values to be used on the bankruptcy forms are at http://www.usdoj.gov/ust/eo/bapcpa/meanstesting.htm.
(Reviewed 11.14.08)

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