Divorce, Modifications and Enforcement Cases in 2019

Why People File Divorce, Modifications and Enforcement Cases after the New Year

Families look forward to the holidays and couples in challenging marriages and co-parenting situations hope for the best. While being optimistic that the holidays will bring out the best in people, too often they are reminded why they are having conflict in their marriage or with the other parent of their children.

Because Thanksgiving, Christmas and New Years are so important to children, many parents who know their marriage is on rocky ground, chose to put conflict aside. Many people who were thinking about a divorce, child custody modification or case for the enforcement of court orders are ready to move forward after the holidays and when the kids are back in school.

Divorce Modifications and Enforcements
For Divorce, Modifications and Enforcement Cases, Call Attorney Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Family Violence and Protective Orders

Family violence, drug and alcohol abuse, child abuse and spousal abuse are serious matters. People who don’t leave dangerous marriages and relationships put themselves and their children at increased risk.

The first move when getting out of harm can be a protective order. Your divorce lawyer can help you obtain a protective order on an emergency basis when warranted. If the other party, the respondent, violates the terms of the protective order, they can be arrested and jailed. Protective orders are serious business and should only be used when necessary to protect family members from the threat of or continued harm.

What to Look for When Searching for a Divorce and Family Lawyer

When divorce is inevitable, and the marriage is broken, it is important to be well-prepared. It is important to hire a divorce lawyer focused on divorce and family law issues, an experienced trial attorney with the experience and strategy to produce results.

Whether the matter is a new divorce, modification or enforcement suit, an experienced family law attorney will create a unique strategy in the best interests of the family and children involved. Richard T. Sutherland is a seasoned Wichita Falls divorce lawyer with a career of leadership among divorce and family lawyers in Texas.

Our website offers a growing library of blog articles and podcasts. Listen to attorney Richard T. Sutherland and learn the elements of a variety of divorce, custody and family law topics in Texas.

First Steps When Filing for Divorce in Wichita Falls

There are resources online including the content on this website to help people learn about divorce and what to expect. When someone knows they are ready to start the process and file, they must be ready to move forward. Hiring a divorce lawyer they can trust is important.

Divorce attorneys like Richard T. Sutherland appreciate that divorces can be difficult and emotional. They are accustomed to seeing good people going through rough situations.

It is important to be organized and give your divorce lawyer the information they need to create the best negotiation and litigation strategy to help you and your family.

Being Prepared for Custody Modification Cases

Custody modifications are original suits filed to change the terms and conditions of a court’s temporary or final orders regarding conservatorship and possession or access to a child. When modifications are filed within one year of the last order regarding conservatorship or possession or access, there are several factors that can be alleged to demonstrate that it is in the best interests of a child to make a modification to the custody orders.

In cases including family violence and child abuse, the court may presume a material and substantial change in circumstances required to modify the rights and duties of persons or parents having conservatorship and possession or access to the child. For example, an order naming both parents as joint conservators can change to one parent being the sole conservator. The terms and conditions of possession and access can also be restructured.  

Exclusive rights to determine the residence of the child may also be modified based on grounds and factors for modifications including the above, as well as economic situations, such as a new job requiring a parent to relocate.

Enforcing Possession or Child Support Orders

As children grow older their needs change. As parents pursue new relationships, dynamics change. Sometimes what worked well for years becomes a conflict. When possession schedules become a problem and conflict increases it can become necessary to file an enforcement suit, seeking the court’s intervention in high conflict situations. The court can find people in contempt. They court can also order additional periods of possession or access to make up for an interference with possession or access.

Failure to pay child support also leads to enforcement cases. When a child support obligor changes jobs, loses a job or has a change in employment generally, child support payments can be interrupted. Issues with child support payments and arrearages can be resolved out of court, or a new enforcement case can be filed with the court and served on the non-compliant child support obligor.

Richard T. Sutherland is a Wichita Falls Divorce and Family Lawyer for Divorce, Modifications and Enforcement Cases

In the new year and after the dust has settled, or at any time of year, things can change for people and their families and a divorce, modification or enforcement case is necessary. Richard T. Sutherland is a well-experienced divorce and family lawyer in Wichita Falls, Texas and he has a career’s worth of experience negotiating and litigating cases requiring everything from out of court agreements to significant trials before a judge or jury. He is licensed to practice law in Texas, not Oklahoma.

For a consultation for divorce, custody modification or enforcement of possession or child support, contact us online or call the Law Office of Richard T. Sutherland in Wichita Falls, Texas at (940) 691-2100.

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Richard Sutherland’s Wichita Falls Family Law website contains several pages, articles and podcast interviews explaining answers to common questions about Texas divorce and family law. While the answer to many questions depend on specific situations, you can listen and learn the common issues involved in a Texas divorce or a case involving parent and child relationships. Call Richard Sutherland in Wichita Falls with specific questions or to schedule a consultation by dialing (940) 691-2100.

Wichita Falls Divorce Lawyer Richard Sutherland Podcast Interviews

Click on the titles/links of the Wichita Falls Family Law podcast interviews to listen

Welcome to The Wichita Falls Family Law Podcast

Meet Wichita Falls divorce attorney Richard Sutherland who explains Texas divorce and family law. Learn about the common issues a client might experience during a divorce or family law case involving children. Listen and learn the basics of child support and custody in addition to common concerns in divorce cases.

Child Support Calculations in Texas

Are you concerned about child support payments? Whether you are married and considering divorce or have a child with another to whom you are not married, you may listen to Richard Sutherland explain how child support is calculated in Texas and who may be obligated to make child support payments. Learn what to expect if you have a situation involving child support payments that are not being made or when it may be necessary to modify a child support obligation.

Texas Child Custody and Conservatorship

In Texas, the Family Code uses the term conservatorship, where most people think of custody. And when most people talk about visitation, the Texas term is possession and access. Listen and learn the differences among  and rights and duties of a joint managing conservator, a sole managing conservator, a possessory conservator and a non-parent conservator.

Geographic Restrictions and Relocation

Life happens, and people need to move from time to time. Your divorce judgment and custody arrangement may determine whether you may move freely, or you are limited by the court’s geographic restrictions. Listen to the podcast and learn why courts impose restrictions, why parents act the courts to life them and the factors involved when issues arise regarding geographic locations and children.

Premarital Agreements in Texas

You can make a contractual agreement with your future spouse to state what will happen if the marriage ends. While you can accomplish many goals with a properly written premarital agreement, there are some things you cannot change with a premarital agreement, such as an obligation to pay child support. In this podcast, you will learn the basics of what is required to form a valid premarital agreement, why people want them, and some common situations and issues involved.

Community and Separate Property

The differences between community property and separate property are the focus of this podcast in which Richard Sutherland explains why it matters whether property is considered community or separate. People often ask about the difference between property acquired by devise or descent, and as well how property is titled and whether it matters. Listen and learn how the Texas courts divide the community estate in a divorce and what other issues arise when determining who gets what in divorce.

Marital Debt and Liability in Texas

Are you considering divorce and worried about community debt? Are you worried about being liable for your spouse defaulting on the loan? Wichita Falls divorce lawyer Richard Sutherland explains the basics of sole management and control of community property as well as what happens a spouse or party to a divorce suit defaults on a financial obligation. Before you assume you are going to be ordered to pay the debts of the other, learn about marital debt and liability in Texas.

High net worth divorce

High Net Worth Divorce

There are a variety of complex issues in high net worth divorces cases in Wichita Falls and the surrounding area. Attorney Richard Sutherland offers an overview of some of the high conflict problems people have involving complex finances, child support and spousal maintenance, and how to isolate differences that can be resolved in mediation and what needs to be litigated in court.

Complex Finances

High net worth divorce lawyers frequently address valuation issues involving investments and family shares in business interests. In a divorce, there may be questions about what money was earned during the marriage and is community property versus separate property. Complex calculations and valuations are often accomplished by your divorce lawyer hiring business and divorce financial professionals.

Hidden assets may be traced by a legal investigator trained in high net worth divorce asset issues. In some cases, the assets could be at risk of transfer or disposal and a restraining order might be needed to prevent disturbance to assets. Safe deposit boxes and their content alone can be the subject of contested litigation.

Child Support & Spousal Maintenance

In a high net worth divorce case, financial issues involving child support and spousal maintenance can involve the exceptions to general Texas family law rules. For example, in Texas there is a maximum cap on guideline child support. There is a limited exception where the court can order additional support for the proven needs of a child, which may be involved in cases where a child might have a limiting disability.

Spousal maintenance can be ordered in marriages of ten years or more and are absolutely limited by the Texas Family Code to 20% of the paying spouses average monthly gross income or $5,000, whichever is less. The maximum duration of spousal maintenance is 10 years for marriages of 30 years or more. Shorter marriages have shorter durations of payments if they are ordered.

Mediation & Litigation

An experienced high net worth lawyer can evaluate complex divorce issues and work with their client on a strategy that makes the most sense and considers the client’s bottom line. While some issues can be settled in mediation, others may require a trial to a judge or jury. During the discovery process where the parties in the divorce exchange income and asset information there may be questions about certain asset valuations and other assets that seem to be missing from discovery disclosures. It is important to hire a divorce and family law attorney who knows how to untangle a web of complex issues.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, High Net Worth Divorce in Texas
Richard Sutherland Attorney at Law Family Law Practice Areas Including High Net Worth Divorce

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on FacebookTwitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

 

January divorce filings in Wichita Falls

 

January divorce filings are popular for several reasons. Many of the people filing for divorce this month knew that they were going to get a divorce well before the holidays.

While it might not be ideal driving to the homes of friends and family knowing you plan to divorce your spouse right after New Year’s, many people decide to make it past the holidays before they file in January. In some cases, spouses are on the fence and take a wait and see approach, and when things happen that justify suspicions and instinct, January may be an ideal time to file for divorce.

Family Law, Divorce, Child Custody, Habeas Corpus, Modifications, Enforcements, Interstate Family Law, Pre & Post Marital Agreements, Child Support, Interstate Family Support, January divorce filings
Richard Sutherland Attorney at Law in Wichita Falls, Texas – Family Law Practice Areas

January divorce filings are popular for several reasons:

  • January is a quiet month. Without holidays there is more time to gather information and work with a divorce attorney in identifying key objectives and issues in the divorce;
  • Children are back in school. As soon as kids go back to school, parents seeking divorce can concentrate without the disrupted schedule and routine often associated with the holidays;
  • Early divorce filers get earlier Temporary Orders hearings. Court calendars and early hearing dates fill up quickly when many people are filing new cases. When you file early, your chances are better that you can have your Temporary Orders hearing completed before spring.

Note that while many divorces are planned some time in advance, in other cases, unexpected events and occurrences can lead to a divorce people never saw coming.

January can be a stressful time for many trying to pay the credit cards and bills after overspending during the holidays. Financial distress is a common reason people divorce.

After the holidays people who were on their best behavior might sour after New Year’s. When the fights among couples are stirred back up after the holidays are over, it can be bad. In cases involving family violence those filing for divorce may have not been able to prepare for a divorce and can need extra help and support. Where one spouse lacks access to money, they may ask the court for an order of interim attorney’s fees, where the court can order one party to contribute to the attorney’s fees of another.

Please feel free to review several pages on our website dedicated to a variety of family law issues.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on FacebookTwitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.

Child Support Calculations in Texas

This is The Wichita Falls Family Law Podcast, with Attorney Richard Sutherland. We talk about Texas divorce and family law.

Texas Child Support Calculations

 

Child support calculations in Texas:

  • Who has a legal duty to support a child in Texas?
    • Either or both parents have a duty to pay child support in lump sum, periodic payments or an annuity purchase;
    • Grandparents cannot be ordered to pay child support;
    • Parties may agree on amount and duration of child support if they wish.
  • How is child support calculated in Texas?
    • The court determines the Net Resource Income of the paying party;
    • Generally, child support lasts until child turns 18 or graduates from high school;
    • Exception of time for support if child is physically or mentally disabled.
  • Paternity cases and retroactive child support
    • The role of the Attorney General representing the State of Texas in establishment, enforcement and collection of child support;
    • Attorney General calculations and applications of child support;
    • Modification of child support before the service of citation or appearance in a suit to modify the amount of child support.
  • The process of withholding child support
    • Wage withholding orders are required by Texas law;
    • Exceptions for persons who are self-employed or have no employer;
    • Child Support is paid to the Child Support Disbursement Unit in San Antonio;
    • Direct payments are not a good idea;
    • Income tax implications of child support.

 For additional general information, please visit our blog to read about Child Support in Texas.

Every child support matter is unique and the rules that apply to child support calculation depends on your child support obligor’s employment and financial standing. For example, there are unique rules that apply to members of the armed services.

Attorney Richard T. Sutherland practices family law and commercial litigation in Wichita Falls and all over Texas. Since being licensed by the State of Texas in 1976, Richard Sutherland has been an active member and leader in many legal organizations including the State Bar of Texas. He is a frequent speaker and continuing legal education contributor. Sutherland is an alumnus of The University of Texas at Austin and the Oklahoma City University School of Law.

For information about Texas divorce and family law please call Attorney Richard T. Sutherland in Wichita Falls, Texas by dialing (940) 691-2100.

You can follow Attorney Richard T. Sutherland on social media and find useful articles and resources for you and your family. Richard Sutherland is on Facebook, Twitter and LinkedIn. For a virtual library of blog articles and podcast interviews about Texas divorce and family law please visit WichitaFallsFamilyLaw.com.