The Innocent Bystander

October 14th, 2011

Divorce, in many cases, has a life-altering impact on a child’s development and well-being. Given that one out of every two marriages ends in divorce, thousands of children are impacted each year. Divorce places enormous stress on a child trying to adjust to new feelings and rapidly changing situations in their lives. The resulting instability often leads to resentment towards the child’s parents and a difficulty acclimating to all the abrupt and immediate changes in a child’s life.

Children perceive divorce as a very traumatic event and are very concerned about their security. Many children internalize the dissolution and blame themselves for the breakup. They are scared that both parents may leave them.

Some very disturbing research on children and divorce has just been released by the Census Bureau Study, “The Marital Events of Americans: 2009”.

*1.5% of US children live in the home of a parent who divorced in the last year. The average age of the child is 9.8 yrs. old and the male/female ration is 1:1.

*64% of the children were White, non- Hispanic children, with the largest percentage living in the South (41%).

*Children living with a divorced parent are likely to be in a household below the poverty level (28%) and more likely to be living in a rented home (53%).

*Most children live in a mother headed households (73%). Because mothers have lower earning potential in the labor force, the family often lives below the poverty level.

*These children of divorce are often living with their parents’ unmarried partner (13%). Only 5% of the children are living in a household with a married couple.

Children of divorce often suffer from anxiety, depression and reduced self-esteem issues. Robert Hughes, associate professor in the Dept. of Human Development and Family Science, Ohio State University, found that children from divorce are more aggressive and more likely to get in to trouble with school authorities or police during adolescence. Also children from divorce are more vulnerable to becoming a victim of violence or become a perpetrator of violent acts on themselves and or others.

If you are considering divorce, carefully consider the impact on your children. To help children through this difficult time, parents must realize and accept that they are responsible for this situation and that their children often suffer as a result of the parent’s decision.

Parents should be very sensitive to the child’s emotional needs to ensure the best possible adjustment of his or her mental, physical, spiritual well-being towards a healthy, responsible adult. Remember! Your child is the “Innocent Bystander.”

Seek professional help if you child is struggling with the changes in his or her life. Your attorney knows a resource that may be available to address your child’s pressing needs.

Social Networking: You Say It Or Show It, You Have to Defend It

August 8th, 2011

Social media provides everyone with a digital treasure trove of information. Always remember what you post online can and often will be used against you.

Approximately one half of all adult internet users in the United States have a profile on a social networking site. A 2010 Nielsen survey shows 22.7% of an American’s time is spent on social networking and continues to grow as social networking is considered the most popular online activity. When posting on Facebook, Twitter, or other social networking sites, just remember the updates you post can cause serious problems when searching for a job, starting a new relationship, or during involvement in a legal issue or lawsuit!

People are now sharing practically everything online. Can this get you in trouble? YOU BET!! Social networking technologies have forced people to learn how to navigate the murky waters between business and pleasure. Such a mixture creates a “Permanent Record” on social networking sites. On Facebook and Twitter, it is very common to see spouses discussing very private issues and sharing it with their “multi” buddies online and “Advertising their Product” for all to see. Social networking sites can provide any one who is confused, angry or distraught with a perfect venue for airing their gripes and disclosing their feelings in public!

Evidence from all social media sites is now being used by prosecutors, defense attorneys, personal injury attorneys, employment attorneys, securities litigators, and particularly family law attorneys. A 2010 American Academy of Matrimonial Lawyers survey found that 81 % of divorce attorneys have increased their use of social media to find evidence against the opposing side. The main source of information is Facebook, with 66% of the attorneys citing it as the source for incrimination information followed by MySpace (15%) and Twitter (5%).

A Wide Variety of Evidence?
1. Incriminating photos
2. Incriminating statements and wall posts
3. Status Updates
4. Mood Indicators
5. List of Friends
6. Login/Log off records for example: not able to work, alcohol/drug use, intimate issues.

How to Preserve Evidence from Social Media Sites?
1. Publicly viewable profiles and content are fair game
2. Subpoenas directed to sites like Facebook are likely dead ends.
3. Well-tailored discovery requests to the person.
4. Motion compelling the user to execute a consent form permitting the discovery seeking party to obtain the profile contents.

How to Authenticate Evidence from Social Media?
1. Stipulation
2. Admission from author/poster.
3. Testimony from person who copied information

Think about these Situations before using Social Media to sound off:
1. If you share a computer with a spouse or business partner and there is a potential break up; create a new web-based email address with a new password to ensure no other unauthorized access.
2. Don’t forget the children! Always more tech-savvy than mom and dad, monitor children to ensure information related to divorce proceedings or family problems do not become part of the internet!
3. Never make online references to finances. No big trips, bonuses or raises at work. This could affect your case adversely.
4. Always be careful with third- party conversations. The internet has many eyes and not just your friends.

The sudden advance and reach of social media is forcing the legal system to adapt quickly. Social media is causing legal professionals to look at new sources of evidence and discovery and to consider the implications of this technology.

His, Hers, Ours: Marriage, Divorce, Remarriage

June 27th, 2011

Today’s family unit is often in a state of flux.  After a divorce, most people remarry and often there are children involved.  In the new, blended family, one or both spouses may be paying child support.  Newly-born or adopted children may also enter into the picture.

Sometimes, the cycle continues:  marriage, divorce, remarriage, divorce. 

Now, mom or dad has children in multiple households.

Do the additional children change the amount of child support to be paid?  Not without a court order. 

In Texas, child support may be reduced when an obligor (person paying child support) has additional children that the obligor is legally required to support.  These children may be new biological children, or legally adopted children.  Generally, Texas courts do not consider stepchildren as a factor in reducing child support.

Texas courts follow statutory guidelines in determining amount of child support.  Many people are familiar with the following basic formula:  20% of net income for one child; 25% of net income for two children; 30% of net income for three children; and so on.

However, under the legal guidelines, the court also considers whether the obligor has a legal obligation to support other children, either under another child support order or because the obligor has legal custody of the child.  In cases involving the children in multiple households, the court may consult the following chart from Section 154.129 of the Texas Family Code:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

 

1 child 20% of Obligor’s Net Resources

2 children 25% of Obligor’s Net Resources

3 children 30% of Obligor’s Net Resources

4 children 35% of Obligor’s Net Resources

5 children 40% of Obligor’s Net Resources

6+ children Not less than the amount for 5 children

 

Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.

 

Multiple Family Adjusted Guidelines

(% of Net Resources)

Net Monthly Resources X Percentage Below = Monthly Child Support Obligation

 

 

Number of other children for whom the obligor has a duty of support

Number of Children Before the Court

 

1

2

3

4

5

6

7

0

20.00

25.00

30.00

35.00

40.00

40.00

40.00

1

17.50

22.50

27.38

32.20

37.33

37.71

38.00

2

16.00

20.63

25.20

30.33

35.43

36.00

36.44

3

14.75

19.00

24.00

29.00

34.00

34.67

35.20

4

13.60

18.33

23.14

28.00

32.89

33.60

34.18

5

13.33

17.86

22.50

27.22

32.00

32.73

33.33

6

13.14

17.50

22.00

26.60

31.27

32.00

32.62

7

13.00

17.22

21.60

26.09

30.67

31.38

32.00

The court may also consider additional factors listed in Section 154.123 of the Texas Family Code. 

In order to benefit from these factors, the obligor must present evidence that rebuts the presumption that the statutory guidelines is in the best interest of the children.  When a person has children in more than one household, determining child support can be complicated.  A wise person will seek the professional help of an experienced family law attorney.

Serving clients throughout Texas, including Collin, Dallas, Denton, Ellis, Grayson, Kaufman, Rockwall and Tarrant counties and the communities of Addison, Allen, Arlington, Carrollton, Dallas, Fort Worth, Frisco, Garland, Grapevine, Highland Park, McKinney, Mesquite, Plano, Richardson, Rowlett and University Park, Murphy,Wylie, Lewisville, Flower Mound, Irving, along with surrounding DFW areas.