The Effect of Family Violence on Spousal Support in Texas

The Texas Family Code states that a person is entitled to receive spousal maintenance if the person can prove that the other spouse was convicted of or received deferred adjudication for a criminal offense that constitutes family violence. The act of family violence has to have been committed against the other spouse or a child of the other spouse and the act of family violence has to have been committed during the marriage within than two years before filing for divorce or while the divorce action was pending.
An interesting question was posed regarding this provision of the statute; “Does the act of family violence have to have occurred during the two years preceding the divorce or does the spouse have to have been convicted of or received deferred adjudication for family violence within two years prior to filing for divorce?”

Written by Katie Lewis. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

New child support guidelines

There are several changes from the current guidelines to note, including:

The 2013 guidelines calculate each parent’s percentage of total available income up to $250,000 per year and a “combined support amount.” This is a different method of looking at support as a total obligation of both parents.
The 2013 guidelines now clarify what is to occur when the combined income of the parties’ exceeds $250,000 per year. The guidelines are applied on the first $250,000 in the same proportion as the Recipient’s and Payor’s actual income compare to the total combined income. There is now a space on the form to list how much income remains available to either parent above the $250,000 combined total.

Written by Robin Lynch Nardone. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Research paper explores family courts’ response to applications for enforcement of contact orders

Implacably hostile mothers constitute a small minority of enforcement cases

The Nuffield Foundation has published a briefing paper which summarises findings from research into how and why the family courts respond to applications for enforcement of a contact order following alleged non-compliance.

The briefing– Enforcing contact orders: are the family courts getting it right? – is written by Professor Liz Trinder of Exeter University. Research was carried out by Liz Trinder, Alison Macleoad, Julia Pearce and Hilary Wood of Exeter University, with consultancy from Joan Hunt of Oxford University.

Written by Family Law Week. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Homosexual Marriage, Parenting, and Adoption

A great many of our fellow citizens see demands for homosexual marriage as just one more step in the democratic struggle against injustice and discrimination, a continuation of the fight against racism. It is in the name of equality, of open-mindedness, of being progressive and right-thinking that we are asked to accept this challenge to the foundations of our society. It seems, moreover, on the basis of public opinion polls, that this challenge is already accepted by a majority of our fellow citizens and thus the question of its establishment as a matter of law has not provoked a debate worthy of the momentous issues at stake.

I believe, on the contrary, that it is a matter of the greatest importance to make clear the true implications of the negation of sexual difference and to debate publicly what is at stake rather than falling back on principles, such as equality, that flatter those who set themselves up as their standard bearers, even though the way these principles are invoked to justify the homosexual-marriage agenda does not stand up to critical scrutiny. This subject deserves better than the court of political correctness, whose authority, advocates of homosexual marriage hope, will prevail until the law is voted on—a tribunal they defend by means of disqualifying caricatures against anyone who dares to question their project and their motives.

Written by Gilles Bernheim. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Is spousal support based on a gender bias?

Late last month an article in the Huffington Post raised an interesting issue about spousal support. For those who are unfamiliar with family law, spousal support refers to payments made by a higher-earning spouse to a lesser-earning spouse after the marriage ends in divorce.
Also known as alimony, spousal support can be ordered for a temporary or permanent length of time and often depends on several factors, including the length of the marriage and the earning potential of both spouses.
Historically, men have more frequently been ordered to pay spousal support to their ex-wives, but under the law, either spouse can be ordered to pay spousal support to an ex.
As social norms have changed in recent decades, many women now earn more than their husbands and many fathers are choosing to stay at home to raise their children, meaning that more men could be entitled to spousal support. But as the Huffington Post article pointed out, very few men currently ask for spousal support.

Written by Jerald A. Kessler. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Jailed for Nonpayment of Child Support – But it’s Not His Child

The feminists have ratcheted up the laws against men to such an outrageous level that paternity fraud is not just ignored, but routinely rubber stamped by the courts. Whether one agrees with the concept of child support or not, virtually everyone can agree that jailing men for child support over children who are not theirs is morally wrong. Men are routinely sent to jail for falling behind on paying child support, even though debtors’ prisons in the U.S. were mostly eliminated in the mid-nineteenth century.

The family courts and laws are set up in such a way that makes it very easy for a mother to collect child support, and very difficult for a man to avoid it. If a couple was married, the default law is that the man will be required to pay child support for any child born while they were married. In order for a man who isn’t the father to escape this outcome, he must obtain a paternity test and take a series of legal steps in court. Most states only allow a short window of time for a man to do this. If a man is not aware of the child, which he may not be if his wife or former wife doesn’t notify him of the child right away, he loses all chance to fight the child support, and will be on the hook for hundreds of thousands of dollars for the next 18 years until the child becomes an adult.

Written by Rachel Alexander. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Accused of child abuse: A family’s story

It’s a Tuesday like any other. Then, in the afternoon, there’s a knock at the door. The dog starts barking and wakes our 12-week-old baby, Sam. My partner, Keiron, looks out of the upstairs window to see two women at the front door. We assume they are Jehovah’s Witnesses and Keiron leans out, saying he can’t come down. Then everything changes.

The women are police. They work in child protection services. Keiron, Sam and I go downstairs to find out what’s going on. They tell us to sit down and ask Keiron if he knows why they are here. He says no. Then they tell us an allegation about a sex offence made by a child at the nursery where he works.

My stomach turns to concrete. I have no shadow of doubt that this is a horrible mistake. I hold Sam in disbelief, calculating all the ways this is going to mess up our lives.

They take our computer away. I’m self-employed, so even though Sam is very young I am still working. I watch my livelihood vanish through the door and ask the police: “Are there any guarantees that it will come back unharmed?” No, they say, adding that it will be a minimum of four to six weeks until it is returned – assuming that it is clean of pornographic images of children. We’re told that paedophiles look at on-screen images of children before moving on to the real thing, so the computer will indicate Keiron’s guilt or otherwise.

Written by  . To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com