If you’re facing divorce, you likely have a good idea what led to the breakdown of your marriage. For those who experienced adultery in their marriages, it may seem clear what happened: one spouse cheated on the other. While it may seem clear from an emotional and social standpoint, the legal viewpoint is the only… Read More
Frequently Asked Questions
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How do I find an approved bankruptcy credit counseling course?
If you’re filing for bankruptcy, you will need to follow the appropriate state and federal bankruptcy guidelines in order for your case to be accepted. Federal bankruptcy law states that anyone filing must complete an approved bankruptcy credit counseling course before putting in their paperwork. Not everyone goes into their credit counseling course with enthusiasm,… Read More
Can a child custody order be changed by going to court in another state?
Proper legal channels must be used to change a child custody order. The out-of-state non-custodial parent cannot simply change an order by filing for custody in his/her home state. Laws exist that aim to prevent cases of parental kidnapping and promote orderly handling of interstate custody matters. When facing a potential child custody modification case… Read More
What does “reasonable visitation” mean?
Visitation rights for non-custodial parents may be complicated if a judge orders a ‘reasonable visitation’ schedule in a Texaschild custody case. This generally means that the court requires the parents to work out a schedule that is in the child’s best interests, is fair to both parents, and allows the non-custodial parent adequate time with… Read More
Do I have to declare family support payments as income?
When filing for bankruptcy, family support payments like child support and alimony will be considered income. It’s important that you list these sources of income on your bankruptcy documentation. Failing to do so may damage your bankruptcy case. A Plano bankruptcy and family law firm can help ensure the process is handled correctly. Family Support… Read More
Will adultery affect a child custody decision?
Adultery leading to divorce in Texas may affect a Texas child custody case. In a child custody case, the court’s responsibility is to do what is in the best interest of the child by looking at both parents’: character; financial viability; and living situation to determine a safe and healthy custody arrangement. In general, adultery… Read More
Do I have to file for a tax return before filing for bankruptcy?
Yes, you have to file a tax return before filing for bankruptcy. Not filing a tax return filing can be detrimental to a bankruptcy filing. There are many reasons why a bankruptcy can be denied, so discussing your candidacy for bankruptcy with a Plano bankruptcy lawyer can help ensure that all is in order when… Read More
Who gets the tax deduction for children after divorce?
A tax deduction for children typically is available only to the custodial parent, who may claim the child as a dependent. But there are a few exceptions to this rule that may allow non-custodial parents to claim child tax deductions. Possible Tax Deductions for Children Having a dependent child qualifies a custodial parent for a… Read More
Can I remove a bankruptcy from my credit report?
No, you generally cannot remove a bankruptcy from your credit report until the appropriate amount of time has passed, at which point it may be automatically removed. Depending on the type of bankruptcy, it will be removed up to 10 years from the date that you filed. For a Chapter 13 bankruptcy, because some of… Read More
Are their unique issues in a same-sex custody case?
In a same-sex custody case, non-biological parents may face problems regarding their status as the child’s legal parent. If the non-biological parent did not adopt the child, then legally this may affect his or her status as the child’s parent and could be detrimental to any push to obtain custody rights. Meanwhile, gay and lesbian… Read More
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