At the Law firm of Warren & Migliaccio, LLP, in Garland & Allen, Texas, Gary Warren and Christopher Migliaccio believe in providing each client with practical answers to their legal questions regarding their physical custody rights of their children. We understand how important having stable schedule with your children is and we are here to help you set one.
How does visitation (Physical Custody) get divided between the parents?
If left up to the parents, they can usually arrange and share visitation of the children in any manner that they can agree. This is very often the ideal arrangement for both parents because they choose how to handle the situation, instead of leaving it up to the Judge.
If visitation can not be agreed to by the parents, you can expect the Judge’s order to follow the Standard Possession Order in most situations where the child is over the age of 3. In certain circumstances, Judges will deviate or not follow the Standard Visitation Schedule. In some circumstances for good cause and/or if the Judge feels it is in the best interest of the child.
Texas Standard Possession Order – Some things you should know
The Standard Possession Order details how the child’s time will be divided between the parents. There are two different categories of the Standard Possession order depending on where the two parents live.
Below are some key points of interest describing the access and visitation a non-custodial parent would receive under the Standard Possession Order. The non-custodial parent is the parent with whom the child does not live.
When parents live within 100 miles of each other,
The non-custodial parent will have visitation of the child on:
Weekends---beginning at 6:00pm on the first, third, and fifth Friday of each month and ending at 6:00pm on that Sunday.
Thursdays: beginning at 6 p.m., or when the child is released from school, and ending at 8 p.m.
Spring Break: in even numbered years (example: 2010, 2012, 2014, and etc.) when the child is released from school and ending at 6 p.m. the day before the child is due to return to school.
Summer Vacation: for thirty (30) days under the condition that they are exercised in no more than two separate periods of at least seven consecutive days.
Christmas Vacation: in even-numbered years starting at 6 p.m. the day the child is released for Christmas Vacation and concluding on December 26 at 12 p.m.
Christmas Vacation: in odd-numbered years starting December 26 at 12 p.m. and ending at 6 p.m. on the day before school resumes.
Thanksgiving Vacation: in odd-numbered years starting at 6 p.m. the day the child is released from school for Thanksgiving Vacation and concluding on the Sunday following Thanksgiving.
Child’s Birthday: beginning at 6 p.m. the day of the child’s birthday and ending at 8 p.m. the day of the child’s birthday.
Mother’s Day/ Father’s Day Weekend: Depends
Mother’s day: The mother of the child shall have the child during Mother’s Day Weekend starting at 6 p.m. the Friday before Mother’s Day and ending at 6 p.m. on Mother’s Day.
Father’s day: The father of the child shall have the child during Father’s Day Weekend starting at 6 p.m. the Friday before Father’s Day and ending at 6 p.m. on Father’s Day.
When the parents live more than 100 miles apart
Non-Custodial Parent’s visitation is adjusted with the two following points:
Summer Vacation: parent gets 42 days during the summer (as compared to 30 days)
Weekends: is allowed to choose between following the Standard first, third, and fifth weekend, or the election of any one weekend each month. (with proper notice)
When the Child is three (3) years of age or younger.
It depends on the Judge. Often, the Standard Possession Order is not applied to children 3 years of age and younger. The amount of visitation to the Non-Custodial Parent can vary depending on the needs of the child and the ability of the parents to handle those needs.
Knowledgeable Attorneys That Listen
Warren & Migliaccio is dedicated to helping you understand your legal rights and helping you achieve them. We listen to you and make your goals become our mission.
If you are seeking legal services, including child visitation, please call or fill out the contact form below. Your initial consultation is free.
Divorce
Dallas Divorce Attorneys:
We Can Make Your Divorce Easier!
Divorce is the legal dissolution of a marriage by definition, but in reality it can be an incredibly difficult and stressful experience for all involved. Children can suffer and a huge number of decisions need to be made regarding separation of and the dividing of money, assets, and more.
Warren & Migliaccio strives to help our clients be relaxed and well informed about their situation as well as optimistic about their future.
As divorce lawyers, we are fully aware of the toll that this can take on a person and that is why the help and support that we provide during your divorce period is unbeatable. There is light at the end of the divorce tunnel thanks to the expertise and experience of our divorce attorney team, and your life can be back on track in no time if you allow us to take on board some of your burdens.
Where can I file for my Divorce?
To file for divorce in Texas, you must have lived in Texas for the past 6 months. The appropriate county to file in is the county you have lived in for the last 90 days.
What are the Grounds for Divorce?
No-Fault Divorce also known as Insupportable. This is the most common.
Adultery
Conviction of Felony and imprisonment for 1 year
Cruel Treatment
Abandonment for more than 1 year
Living apart for more than 3 years
Confinement in mental hospital for at least 3 years
For more resources and information, visit ourBlog or Contact us.
How long will the divorce take?
A divorce can become final only 61 days after the date the divorce petition was filed. This is achieved surprisingly often, when the two spouses reach an agreement on all their divorce issues. This is known as an uncontested divorce.
Contested issues can take much longer. This is because they often require a trial date and the timing and length of the trial is dependent on the Court’s docket. This is known as a contested divorce.
Contested and Uncontested Divorce?
Each divorce lands into one of these categories.
Texas Uncontested Divorce
In most cases, an uncontested divorce, also known as an agreed divorce or no fault divorce, is the preferred way to go. An uncontested divorce exists when both spouses agree on property division and child custody/visitation/support issues if applicable.
Warren & Migliaccio encourages uncontested divorces when it is in your best interest. See our section on Uncontested Divorce: The Process for more information on how the process works and how we can help you save time and money while still protecting all your legal interests.
Texas Contested Divorce
A divorce is considered contested if you and your spouse are unable to come to an agreement concerning several issues in your divorce case including, but not limited to child support and custody, spousal support, and division of property and debts.
The attorneys at Warren & Migliaccio have the experience and passion to fight for you and relentlessly assert your rights in court. See our section Contested Divorce: The Process for more information on how we can preserve your property and parental rights in a contested divorce.
Where to go from here?
The next step is to schedule a free consultation with us so we can examine your situation and determine what your rights are and specifically how you should proceed to protect them. Divorce can be a stressful time in your life. Our goals are simple, we will help you by:
guiding you through the divorce process,
achieving the most positive resolution, and
helping you move on in life and begin a new chapter..
Contact our firm for caring and experienced legal representation when facing a divorce. We offer flexible hours, a free initial consultation, and accept Mastercard and Visa. Call us today at 972-205-9750 and let us start working on your new beginning.
Adoptions and Terminations
Dallas & Garland, Texas, Adoption Lawyers:
One of the most satisfying services Warren & Migliaccio provides as a family law firm is helping clients create the parent-child relationship through adoption.
What type of adoptions can Warren & Migliaccio assist me with?
1. Step-parent adoption
2. Extended family member adoption (aunts and uncles, etc)
3. Grandparent adoptions
What qualifications do you need to adopt?
1. Be at least 21 years old
2. Be financially Secure
3. Be mature and responsible
4. Participate in a home study where your parenting skills are tested and your background is checked.
You do not have to be married to adopt.
Does one of the biological parent’s rights need to be terminated for the adoption to be valid?
Yes, however a suit for termination of parental rights can be filed with the petition for adoption.
Does the birth parent need to consent to his or her rights being terminated?
Yes, except in some situations where the birth parent has his or her parental rights terminated involuntary. A common reason for a parent to have their rights terminated is for failure to pay child support or abandonment.
The process of termination can be made simpler if the birth parent voluntarily signs an Affidavit of Relinquishment of Parental Rights. When adopting a step-child in Texas, the Court prefers that if one parent’s parental rights are terminated, another willing person is there to step in and adopt the child.
Adoption is often a complicated, but rewarding process. Having an advocate like Warren & Migliaccio by your side can help make adoption less stressful, more successful, and put the child’s best interests first.
Call us at 972-205-9750 or send us an email to set up a time for us to meet and discuss your options.
Have issues with your marriage, divorce and children landed you in a Texas family law court? Our Texas child custody attorney team can help.
Child custody is the most critical issue you’ll face throughout your divorce proceedings, and accordingly, we will be on hand to help you make sense of the process, address the concerns of the Texas family law courts and answer any and all questions you may have along the way.
We Understand the Concerns of the Texas Family Law Court
Texas law, just like that of many other jurisdictions, requires that “the best interests of the child” be considered when making child custody decisions. When you and your spouse fail to agree on a custody plan, we understand what the courts will examine in regards to your marriage, divorce and children.
Some of those factors include:
each parent’s financial situation;
neglect and abuse;
drug and alcohol dependency;
previous primary caretaker for the child;
previous living arrangements for the child;
child’s preference; and
special needs of the child (special physical, medical or psychological needs).
Answering Your Questions About Texas Child Custody
At Warren & Migliaccio, we know you will have many questions throughout your child custody case. We draw on our years of experience representing North Texas families just like you to give you the answers you need.
Some of your most pressing concerns may include:
What happens if my ex wants to move with my child to another part of Texas, or to another state?
My ex was violent in our past … How does this impact the court’s child custody and child visitation decisions?
Must I be married to file for child custody or have our arrangement changed?
When You Need the Help Of Our Texas Child Custody Attorney Team
Divorce can be a tough, lengthy and emotionally unsettling proposition. Since we want your case to be as smooth as possible, we approach each and every case with an open mind from the beginning. We are willing to work from scratch with you in efforts to achieve the case results you desire. From the initial consultation until the day your divorce is finalized, our Texas family lawyer team at Warren & Migliaccio is here to advocate on behalf of you and your children. Contact our Dallas law firm today at 1-888-584-9614 today.
Child Support
Child Support in Texas
What is purpose of Child Support?
Child support is an important part of any divorce or any suit with minor children involved. It provides financial assistance for the necessary expenses that come with raising a child.
How is child support calculated in Texas?
According to the Texas Family Code, whether you are in Dallas, Collin, or any other Texas county, child support is most often calculated using the Child Support Guidelines.
First determine what your monthly gross wages from all sources. (Monthly Net Earnings if you are self employed.
Subtract from monthly gross wages the following three items:
Federal Income Taxes, but only to the extent that would be withheld if you were claiming one exemption and the standard deduction.
Social Security and Medicare Insurance Withholding (FICA). IF you are self employed, you would subtract your calculated self-employment tax.
Medical Insurance Premium cost for your children only. Not you or any other dependent or spouse you may have. This will give you your Net Monthly Income also known as Monthly Net Resources.
Take your Net Monthly Income and multiply it by a percentage that is based on the number of children for which child support is ordered. ILLUSTRATION: a. One Child-- 20% b. Two Children 25% c. Three Children 30% d. Four Children or more 35%
What do you mean by Net Income?
Net income is not just your take home pay. In fact, the Texas Family Code describes your child support net income as your net resources. It is calculated by taking your gross wages from all sources and subtracting out the appropriate amount of tax, union dues, and health insurance. It does allow discretionary or voluntary deductions to be considered in the net income equation.
Is Health Insurance provided with child support?
In most cases, the parent paying child support (obligor) is responsible for providing health insurance coverage for the child. The obligor can add the child to their health insurance plan, obtain health insurance for the child separately, or reimburse the other parent (obligee) the cost of providing health insurance for the child.
All out of pocket expenses incurred for the health of the child is usually split between the two parents equally.
How is child support paid?
In most cases, child support is paid on a monthly basis. Dallas and Collin County Courts require parents paying child support to have the child support deducted directly from their paychecks. This sometimes does not apply to self-employed parents.
How long will child support need to be paid?
Child support will be owed until the child turns 18 or graduates high school, whichever is later. However, if the child is 18 or older, the child must be fully enrolled in school for the child support to continue.
What happens if the non-custodial parent does not pay child support?
There are potential severe consequences if child support is not paid. Texas law provides for certain enforcement measures through the court that aim to collect future and past-due child support payments.
Some of the consequences for not paying child support include the following:
Driver’s license can be suspended
Liens can be placed on his or her property and assets
Non-paying parent can be sent to jail
If you are not receiving or paying court ordered child support, it is imperative that you contact the attorney general or a qualified attorney immediately to address this issue.
If you need assistance, Contact us at 972-205-9750, so we can educate you about your options. Warren & Migliaccio always has your child’s best interest in mind.
Our firm provides tough, thorough and experienced advocacy while focusing on each client’s individual and unique goals. We will listen to your situation, explain the legal process, and outline you options.
We proudly serve clients in Dallas, Collin, Rockwall and surrounding Texas counties. Contact us today for a free case evaluation.
Bankruptcy Law
Bankruptcy – What is it and what will it do for me?
Bankruptcy seeks to benefit a debtor by seeing that debtors get partial or complete relief from debts they can not pay. When you file the bankruptcy, the Court orders an automatic stay and all collection activities of creditors stop immediately. Depending on the type of bankruptcy and your situation, bankruptcy may wipe out (discharge—Chapter 7)the debts you owe or allow you to file a plan (reorganization Chapter 13) with bankruptcy court proposing how you will repay your creditors.
Bankruptcy can give you a chance for a fresh financial start!
Benefits of Chapter 13 and Chapter 7 Bankruptcy:
In most cases, Keep all your property including your house, car, retirement, and all your household goods, and furnishings.
Stop Creditor Harassment
Stop Paycheck Garnishments from Internal Revenue Service
Stop Bank Account Levies
Stop most Civil Lawsuit immediately
Rebuild your Credit. Yes! Filing Bankruptcy can help you re-establish your ability to borrow money
Chapter 7 Bankruptcy
Chapter 7 bankruptcy involves the sale (liquidation) of debtor’s non-exempt assets. The proceeds are distributed to the debtor’s various creditors according to the priorities established in the Bankruptcy Code. Most Texas Chapter 7 debtors tend to have little non-exempt property due to Texas’s liberal exemption laws. In the vast majority of cases, the debtor has no assets he or she will lose in a Chapter 7 bankruptcy.
Chapter 7 provides the debtor the opportunity to give up all nonexempt property in exchange for receiving a discharge on most of his or her debts. This means that you no longer are liable to pay those debts. However, some debts like student loans and past-due child support payments are not discharged.
There is a Means Test that must be passed to qualify for a Chapter 7. The Means Test looks at your debts, income and assets to determine if you qualify. Debtors who fail the Means Test have to file Chapter 13 Bankruptcy. A Means Test can be run by your attorney after providing him with the necessary information.
Chapter 13 Bankruptcy
Chapter 13 bankruptcy also known as reorganization bankruptcy is a repayment plan that is calculated based on your budget. Essentially, the you pay to Trustee any money that is left over each month after reasonable expenses are deducted from your income and this money is paid towards your debts over a period of three to five years.
Once the repayment plan is complete, you will no longer be personally liable for any remaining unsecured debt that is dischargeable.
Chapter 13 allows you to pay off arrearage or late payments in your repayment plan . This is ideal in helping you catch up on your mortgage and stopping foreclosure , repossession, and IRS wage garnishment. Chapter 13 is appropriate to individuals who have non-exempt property they want to keep.
“Warren & Migliaccio is a debt relief agency that helps individuals
It depends on the complexity of the case. Warren & Migliaccio offers a free initial bankruptcy consultation. At the consultation, we ask that you explain your situation and at the same time determine if you are comfortable with our bankruptcy attorney, Christopher Migliaccio and the staff. Christopher Migliaccio will give you feedback on your situation and provide you with options. This is also a time to discuss the fees and set up a mutually acceptable contract and in some cases, we can set up a payment plan.
You can not receive a discharge under Chapter 13 if you received a discharge in Chapter 13 bankruptcy which was filed within 2 years before the present case was filed.
NOTE: The above scenarios make the assumption that you want to file a bankruptcy that will be eligible for discharge.
You can not receive a discharge under Chapter 13 if you received a discharge in Chapter 7 (or Chapter 11 or Chapter 12) bankruptcy which was filed within 4 years before the present case was filed.
You can not relieve a discharge under Chapter 7 if you received a discharge in a Chapter 13 (or Chapter 12) bankruptcy which was filed within 6 years before the present case was filed.
You can not receive a discharge under Chapter 7 if you received a discharge in a Chapter 7 or Chapter 11 bankruptcy that was filed within 8 years before the present case was filed.
There are certain time periods you must wait to file second or subsequent bankruptcy cases. Depending on which type of bankruptcy you filed previously and which type you are filing now, you will have a different time periods you must wait.
No. You must list all your assets and all your debts. You may voluntarily repay any creditor you wish to after your case is concluded. Of course, you are required to repay any debts that are not discharged.
Most debts are dischargeable in a Chapter 7 or Chapter 13 case. However, some debts are generally not dischargeable under consumer bankruptcy. They include the following:
Debts you do not list in your bankruptcy filings.
Student Loans, unless repayment would cause undue hardship
Spousal and Child Support
Fines and penalties owed to a governmental unit.
Criminal fines and restitution.
Drunk Driving obligations
Debts incurred as a result of fraud or false statements.
Debts from claims for willful and malicious injury.
Debts incurred by embezzlement or larceny in a fiduciary capacity.
Debts arising from a divorce decree or marriage settlement agreement..
Some debts will be discharged unless the creditor objects to them being dischargeable. (items 7 through 10 listed above are included in this category)
Note: Check with a bankruptcy lawyer to verify whether a debt is dischargeable or
It is the legal elimination of debt through a bankruptcy case. When a debt is discharged, it is no longer legally enforceable against the debtor personally. In other words, you are no longer required to pay any debts that are discharged.
Some creditors obtain liens on the debts you owe them. For these debts, you are still not personally liable for the debt when it is discharged, but the creditor may enforce the lien to recover the property secured by the lien.
EXAMPLE:
Through bankruptcy, you receive a discharge on a car loan that you decide you can no longer afford to pay. The car lender can not try to collect from you personally, but the car lender can repossess the car. However, you will not be liable to pay any deficiency.
In most cases, the answer is No. Typically retirement savings can either be claimed as exempt property or they may not even be property of your estate and therefore, not available to the Trustee and creditors. You should have a bankruptcy attorney review your retirement savings and accounts to maker certain it is exempt.
You can keep your current vehicle if your payments can be made and you are financially able to continue making monthly payments. In most cases, Texas exemption law allows you to keep all the equity in your car. For information on your Car and Bankruptcy, please click here
Your credit report should show the that the debt(s) discharged in bankruptcy and the balance should be reported as “0.”
Why is this important?
The Fair Credit Reporting Act has commentary which states that a credit report entry that reflects a past due account is treated differently by prospective creditors in evaluating credit applications than an entry that reflects a debt has been discharged in bankruptcy. The key difference is the discharged debt is no longer an obligation, while the past due account is a legally enforceable obligation that must be resolved.
No. If you are not legally married, you cannot file for bankruptcy together, even if all bills are in both of your names. In such cases, each one of you would have to file a separate bankruptcy petition.
For specific property such as your car loan or your houses mortgage that you plan on keeping you should probably continue to make payments. Also, for day to day expenses such as rent and utilities you should also continue to make payments.
You should stop making payments on other old debts incurred prior to the bankruptcy such as credit card debts.
These are assets that you may shield and protect from your unsecured creditors. These assets must be listed on your Bankruptcy paperwork in the Statement of Affairs and Schedules. Exempt assets are defined by federal and state law. In Texas , you may choose either of the two laws
The key to understanding the difference between secured debt and unsecured debt is to ask if the creditor could take away any property if you are not able to repay the debt in time.
With a secured debt there are tangible items that are attached to the debt, such as a house or car. If you fall behind on payment, the lender can repossess the property.
With unsecured debts there is no property or any other kind of product that is attached to that debt. Typically, you borrow from a creditor to obtain goods or services on credit in exchange for your promise to repay the debt. Common Examples of unsecured debt is credit card debt, personal loans, and medical debt.
A Bankruptcy Trustee is a private individual or corporation appointed in all chapter 7 and chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.
An Automatic Stay is an injunction that automatically stops lawsuits, foreclosure, garnishments, and all collection activity against the debtor the moment a bankruptcy petition is filed.
There are several strategies for dealing with creditor harassment. It is not a bad idea to have dialogue with the creditor. Explain why your account is in default or late and you may be able to convince the creditor to allow you payment extension or to make other arrangements for payment. But do not be disappointed if the creditors and bill collectors are unreasonable. Many debt collectors use threats and intimidation as means to collect money.
If negotiation does not work with the creditor, another option which has an immediate effect is to file for bankruptcy. Filing for either Chapter 7 or Chapter 13 bankruptcy will immediately stop creditor harassment. No more calls at home or work!
NOTE:
If you have been a victim of threats or intimidation by a creditor or bill collector, they may have violated the Fair Debt Collection Practices Act. You should meet with an attorney to go over options that may be available to you.
In 2005, the Means Test was added to the Bankruptcy Code to create standards for determining which individuals were eligible for relief under Chapter 7 Bankruptcy.
The Means Test takes your income over the last 6 months prior to filing and determines your current monthly income and what would than be your yearly income. This number is compared to Texas’s yearly median income which varies depending on your household size. For example, as of November 2009, the yearly median income in Texas for a household of two is $55,859. If your income is less than the median income, you qualify for Chapter 7 automatically.
If your income is more, than the Means Test applies more tests by first determining your disposable income. Disposable income is determined by taking your income and subtracting a expenses that are both actual and some that are standard.
If you have enough disposable income to pay over a certain amount to your creditors (typically more than $182.50), than you may not qualify for a Chapter 7 and Chapter 13 may be the option available to you.
The Means Test is very complicated and you should contact a bankruptcy attorney to discuss and advice you on its application in your situation.
If you are financing your car, you have different options on what you may do with your car in Chapter 7 and Chapter 13 bankruptcy.
In Chapter 7, you have three options:
Reaffirm the debt. This means you sign a new contract under the same terms of the old contract. Bankruptcy often removes your personal liability on the car loan. Reaffirmation makes you liable for the car loan again, but it also allows you to keep the car.
Redeem the debt. This means you make on lump sum payment to the creditor equal to the car’s current fair market value. There are credit agencies available that specifically provide loans for these types of lump sum payments.
Surrender the Car. This is a good idea when you can’t afford the monthly payment or the car is worth much less than what you owe.
There is sometimes a fourth option available where you continue to make payments on the car, but you do not redeem or reaffirm the debt. This is called retain and pay. This option is not always agreed to by the creditor. But even if the car is repossessed, you will not be responsible for any deficiency under this fourth option.
Under Chapter 13, you may elect to surrender the car. If you elect to keep the car, you must repay the entire car loan if they bought a car within 910 days (two and half years) of the bankruptcy filing. If your car was purchased more than 910 days before filing bankruptcy, you may have the opportunity to “strip down” the debt. This is a mechanism that allows you to pay the blue book value rather than the outstanding balance on the car loan(assuming it is lower).
Bankruptcy can provide tremendous relief if you are facing credit card debt. If you have credit card balances that are becoming too difficult to keep up with the minimum payment, bankruptcy may the solution for you.
Chapter 7 and Chapter 13 bankruptcy help make credit card debt more manageable by fully or partially eliminating the credit card debt.
Chapter 7 Personal Bankruptcy and Credit Card Debt
In a Chapter 7 bankruptcy, you can completely discharge and wipe out all of your credit card debt, including interest and late fees associated with your credit cards. Even if the credit card company has hired a collection agency or filed a law suit, Chapter 7 bankruptcy can eliminate these inflated unsecured debts.
Chapter 13 Personal Bankruptcy and Credit Card Debt
Under Chapter 13 bankruptcy, credit card debt is not usually completely eliminated, but you can rest assured you will only pay back what you can afford to pay back. That is because e Chapter 13 allows you to propose reasonable repayment plan where you pay back to the credit card companies (through the Trustee) and their collection agencies only what you can afford regardless of what you owe. The amount you can afford is based on the amount of disposable income available to you.
Your Chapter 13 payment plan (also know as wage earners plan) will last between three and five years, but during the plan, credit card companies can not harass you, sue or try to collect from you in any manner. At the end of the plan, any remaining credit card debt is completely eliminated.
Have No Remorse For the Credit Card Companies
Very often clients express guilt that they are unable to keep up with their credit card payments. Keep this in mind. Many of the clients really have tried to catch up and pay off their credit card debt, but are unsuccessful due to the high interest rates and other unreasonable fees. If the credit card companies wanted to work with you, they would provide consumers with lower, more realistic interest rates that made repayment more manageable. Most credit card companies are more concerned about their bottom line and not your individual situation. So how much remorse do they deserve from you.
Discuss Your Credit Card Debt With an Experienced Bankruptcy Attorney
Credit card debt can be overwhelming, but it does not have to prevent you from reaching financial freedom and a fresh start. Consult with an experienced Texas Bankruptcy attorney to discuss how to get out of credit card debt.
Income tax debts may be dischargeable (wiped out) in Chapter 7 or Chapter 13 Bankruptcy. Chapter 7 provides for a complete discharge while Chapter 13 provides a payment plan to repay some, and the remainder is discharged.
There are five conditions that all must be met to discharge income taxes in a bankruptcy.
A tax return has been filed. (relating to the income tax due)
The due date for filing a tax return is at least 3 years ago with extensions
If filed late, the tax return was filed at least two year prior to the bankruptcy petition.
Tax liability from IRS was assessed at least 240 days ago prior to the bankruptcy petition.
Tax return is not fraudulent nor is the tax payer guilty of tax evasion.
In some cases, the IRS may have a obtained a tax lien on your property. This may have an effect on the amount discharged for income taxes. If the lien has been properly attached to your property, the IRS may be a secured creditor to the extent of your available property.
This area of law is complicated. You should review the matter with a bankruptcy attorney who can advise you whether the tax debt that you owe is dischargeable.
Bankruptcy allows you to keep your property and possessions, as long as those items are exempt under the law. Texas has a liberal exemption list. There is also a Federal exemption list. You are allowed to select either one. If you have property that is non-exempt, you may have to liquidate or pay back the value of the non-exempt property.
Texas Bankruptcy Exemption
Homestead
No limit
Proceeds from Home Sale
Personal property of a debtor which may be exempt from garnishment, attachment, execution or other seizure exclusive of liens, security interests, or other encumbrances. If it is provided for a family the limit is $60,000.
Personal Property to include Reasonably necessary clothing, household goods, furnishings, household appliances.
Motor Vehicle for each adult (subject to combined personal property limit of 60,000 for family, $30,000 for single person
Jewelry
Current Wages
Pensions
100% for six months
$30,000
$30,000 for single. $60,000 for family.
$30,000 for single. $60,000 for family.
Up to certain value
100%, except for enforcement of child support.
Most Pensions are exempt.
NOTE: These are the major bankruptcy exemptions. Check with your bankruptcy lawyer for a full exemptions list
Federal Bankruptcy Exemptions
Homestead
$20,200*
Life insurance policy with loan value, in accrued dividends or interest
$9,850
$475 per item in any household goods up to a total of $9,850;
$9,850
Jewelry
$1,225
Motor vehicle
$3,225
Personal injury compensation payments
$18,450
Tools of trade - books and equipment
$1,850
Wild Card • $925 of any property
$925
* unused portion of homestead to $10,125 may be applied to any property
Property that is typically non-exempt.
A second home or vacation home.
Your second car. (Note: you and your spouse can both have one car, but you can not individually have two cars.)
collections of stamps, coins and other valuable items
Cash, bank accounts, stocks, bonds, and other investments
NOTE: Check with a bankruptcy lawyer to verify all non-exempt property.
Bankruptcy, particularly, Chapter 13 bankruptcy is a useful tool in stopping a foreclosure and getting your loan caught up.
If you fall behind on your mortgage, the mortgage lender will eventually consider the loan in default, demand the full balance of the mortgage, and give notice of foreclosure proceedings.
In most cases, the lender will not accept payments to reinstate the loan and you will told that you either need to pay the FULL BALANCE of the mortgage or give up your home.
However, there is a third option: you can file for bankruptcy protection to stop the foreclosure. Filing a Chapter 13 bankruptcy will allow you to continue to live in your home and give you a chance to catch up on the payments you have missed. The lender is required to accept these payments and cannot foreclose on your home as long as you make the required payments.
If your lender is threatening foreclosure or has initiated foreclosure, bankruptcy may be your best option depending on your other circumstances. You should consult with a bankruptcy attorney right away to make certain that you are making the best decision for yourself.
Repossession is the power of the creditor to take back goods when you fail to make loan payments on a secured item such as a car or jewelry.
Example: When you buy a car, you promise to pay the purchase loan and pledge the car as collateral to the creditor.
If you are in default or behind on a secured loan, creditors typically attempt to repossess the collateral and sell it. After selling the collateral, the money is applied to your loan and if there is still a balance, the creditor can sue you for the balance of the loan.
Stopping Repossession
Stopping repossession requires immediate action. Filing for bankruptcy protection will order that all creditors cease all legal actions including repossession. If a creditor is threatening to repossess a property of yours, it is important that you consult with a bankruptcy attorney to advise you if this is your best option.
Residents living in Texas are subject to wage garnishment by the IRS if they owe taxes. A wage garnishment orders your employer to withhold a portion of your paycheck each pay period and send it to the IRS.
The only way to stop wage garnishment is to file for bankruptcy. Immediately upon filing bankruptcy, an automatic stay is ordered and all garnishments will be stopped. In some cases, you may even be able to get back some of the wages that were garnished.
If your wages are being garnished or are being threatened to be garnished it is important that you consult with a bankruptcy attorney to go over the options available to you.
You must take and receive a certificate of completion for credit and budget counseling from an approved credit counseling agency within 6 months of filing your bankruptcy case. This counseling course is designed to inform you of your options in dealing with your debts and it typically takes about 90 minutes.
Depending on the agency, the counseling will be available to you in person, over the telephone, or even on the internet. Warren & Migliaccio will encourage you to make this requirement an opportunity and we will make certain that you are signed up with the type of course that fits your and preferences and needs.
2: Evidence of income for prior six months
This is required so that your average monthly income can be averaged and applied to the Means Test. Paycheck stubs or income records are sufficient for this.
3: Copies of Tax Returns for last 2 years
If you have misplaced or lost your tax returns, Warren & Migliaccio can obtain a tax transcript.
IT IS MANDATORY THAT YOU HAVE FILED YOUR TAX RETURNS FOR PREVIOUS YEARS. If you have not filed a tax return for a prior year, Warren and Migliaccio can help you get these tax returns filed.
4: Copies of Insurance declarations page for auto and home
5: Copy of driver’s license and Social Security Card
6: Bankruptcy intake form provided by Warren & Migliaccio
This is a list of items that are needed to get the ball rolling in your case. More information and documents may be needed after Warren & Migliaccio has had the opportunity to meet with you and access your situation.
Warren & Migliaccio is dedicated to providing compassionate and when necessary, aggressive Family Law services to North Texans and their families. We are here to assist you no matter how simple or complex your Family Law issue. Our firm proudly serves clients in Dallas, Collin and surrounding counties.
When going through adivorce,child custody orchild support issues, the last thing that anyone needs is to have to worry about the legal aspects of the process. The emotional strain and the reality of everything (for example: having to change your residence, dealing with the children and even perhaps restarting your working career from scratch!) are going to take up enough of your time.
This is where we come in. As your Dallas divorce attorney, we will not make your life more complicated. On the contrary, our goal is to do everything we can to make things easier for you during your divorce or other family law issues.
Let our family law firm worry about insuring that you end up feeling justified and happy with your divorce settlement and that the results achieved were in your best interests. If your matter is contested, we will concern ourselves with the correspondence sent to you by your spouse’s divorce lawyer. We will sift through and explain all of the legal jargon for you every step of the way. Then we will make it our mission to help you achieve your goals, whether that requires us battling aggressively in the court room or negotiating a fair settlement.
The attorneys at Warren & Migliaccio are highly experienced, trained in all aspects of family law, and 100% committed to providing you peace of mind results that will protect you, your children, and your assets.
Dallas Family Law Attorneys Practice Areas:
There will be many questions that you have regarding the process of your divorce and other family law issues. This website is designed to give you access to some basic information. This is so that you can begin putting your mind at rest about a few issues, including:
Feel free to browse through our site and take a look at the information that we offer before contacting us personally in order to begin discussing your individual needs via a one on one conversation with one of our trained and highly personable divorce lawyers.
A divorce can be tough, it can be lengthy and it can be highly unsettling. On the other hand, many divorces that we handle also prove to be extremely smooth procedures, with all parties involved reaching a settlement that they all agree on within a matter of weeks. It all depends on the case at hand because each divorce is unique.
For this reason, we approach every case with an open mind and without a set of answers from the beginning. Every time we work on a divorce or family law case, we work entirely from scratch and we work on achieving the favorable result that is right for you.
From the first consultation through the end of the divorce, we will provide you with all your options. Our goal is to simple: get you what you want, need and what is in the best interests of both yourself and your children, not just in the short-term, but also in terms of planning ahead for the many years to come as well.
Your Next Step: Contact Us for Compassionate Straightforward Feedback
We understand that Divorce and Family Law Matters can be highly stressful and emotional. Let the attorneys at Warren & Migliaccio provide you the service and trust you can count on.
For more information,Contactus and one of our divorce attorneys will be in touch with you soon to provide you with an honest assessment of your situation. The first consultation is free.
We proudly serve clients in Dallas, Collin, Rockwall, and surrounding Texas counties.
Tax Law
Tax Law covers a broad range of property and transactions which are subject to taxation, such as property value, transactions (transfers and sales), and licenses granting a right and/or income. The taxes involved in tax law include federal and state income taxes, county and city taxes on real property, state and/or local sales tax based on a percentage of each retail transaction, duties on imports from foreign countries, business licenses, federal tax (and some states' taxes) on the estates of persons who have died, taxes on large gifts and a state "use" tax in lieu of sales tax imposed on certain goods bought outside of the state.
Congress is empowered to tax "incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." The Internal Revenue Code is today embodied as Title 26 of the United States Code (26 U.S.C.). Individuals as well as corporations are required to file income tax returns. While corporations are subject to many of the same rules as are individual taxpayers, they are also covered by an intricate body of rules, specifically related to the problems of the corporations.
Wills, Trusts & Estates
Wills, Trusts & Estate Planning cases include the drafting and execution of documents designed to manage your estate. This involves Wills, Trusts, Powers of Attorney, Medical Directives and Agency, Estate Taxes, Probate Avoidance, Powers of Appointment, and Business Planning.
For more information, visit the WM Law Library and look for the Estate Planning Questionnaire and Estate Planning Document Comparison.
Related Areas
Probate: legal actions to authenticate Wills, Estate Administration, & Guardianship Family Law: effect on your estate when the marriage is dissolved Property: characterization of Property, Estates in Land Tax: estate taxes, income tax consequences
Health & Elder Law
Health & Elder Law involves the care and treatment of individuals and their relationship to healthcare providers.
It covers a broad range of legal concerns which include healthcare law, elder law and long-term care, medical devices, mental health, alternative care, medicine, public health and medical care to the entire medical field, including specific laws which govern the health industry: physicians, nurses, hospitals and health systems, long-term care facilities, home care providers, and consumers.
Elder Care Law focuses on living trusts, power of attorney, Medicare, Medicaid, insurance and other senior legal issues. This law enables you to empower someone to take care of you once you can’t do it yourself, how and what care you want, directives to physicians and hospitals regarding life-saving measures, and instructing how to distribute your assets following end-of-life.
It can also include situations involving elder abuse, i.e., causing harm or taking advantage of an elderly person who is unable to physically care for himself or herself, or who is mentally impaired due to dementia or Alzheimer’s, for example.
Business Law
Business Litigation cases involve legal proceeding wherein one or both parties are business entities. The forms of these cases can be very broad in that suits may involve contractual disputes between businesses, or disputes involving a business and an individual, or in some cases the government. Almost every area of the law has some relation to Business Litigation.
Business Organizations are cases involving the structure of businesses. This concerns Corporations, Limited Liability Companies, Limited Liability Partnerships, and Sole Proprietorships, director liability, shareholder rights, corporate governance.
Related Areas:
Anti-Trust Litigation
Business Transactions
Estate Planning
Taxes
Family Law: effects of divorce on Business Ownership
Divorce is the legal dissolution of a marriage by definition, but in reality it can be an incredibly difficult and stressful experience for all involved. Children can suffer and a huge number of decisions need to be made regarding separation of and the dividing of money, assets, and more.
Health & Elder Law involves the care and treatment of individuals and their relationship to healthcare providers.
Business Litigation cases involve legal proceeding wherein one or both parties are business entities. The forms of these cases can be very broad in that suits may involve contractual disputes between businesses, or disputes involving a business and an individual, or in some cases the government. Almost every area of the law has some relation to Business Litigation.