The former hand surgeon says that the presence of the armed security guards and supervisors when he has visitation with his kids is having adverse effects upon the children. He argues that the presence of the court-ordered supervision intimidates his kids, and says that the supervision should end. He also told the court Tuesday that Rachel has denied him contact with the kids during the contentious divorce.
]]> Michael Brown was acquitted of felony assault last year. Rachel had claimed that Michael had struck her during a domestic dispute in 2010.Rachel Brown says that the former surgeon has a temper and urged the court to keep the supervised visits as they are under the court-order. Allegations of drugs use have also arisen in the family law case.
Rachel Brown responded to questioning about her relationship with former Houston Astro Jeff Bagwell. She says that she hopes to marry the former baseball player in the future. She acknowledged that she has shown her two kids their future rooms in Bagwell's home.
She did not specify any date when she would move in with Bagwell, but said she plans to live with the former Houston Astro in the future. She also spoke of previous trips she has taken with Bagwell, and her plans to attend a wedding in Hawaii with the former Astro.
Rachel Brown says that her estranged husband has not fully disclosed all of his assets, and the court is expected to hear argument on property issues in the second day of scheduled hearings this week. She says that the undisclosed assets may be part of community property and are important for property division issues in the divorce.
Source: Houston Chronicle, "Rachel Brown testifies she and Jeff Bagwell attending Hawaii wedding," Mike Tolson, May 15, 2012
]]>Outside of the family court proceedings, sources say that both Deion and his estranged wife were charged with misdemeanor simple assault after the dispute. Each of the estranged spouses sought a protective order against the other spouse. The judge ruled in favor of Deion Sanders in granting a protective order.
]]> The judge ordered that Pilar stay at least 500 yards away from the home that the couple had been sharing in suburban Dallas as the divorce proceedings were continuing. In addition to the protective order, the Texas judge granted Deion Sanders temporary custody of the couple's children.The child custody ruling is a temporary child custody order. A full custody hearing will be held in an effort to resolve further issues in the family law case. However, child support and custody issues may generally be modified if circumstances later change. The estranged couple's children will undergo psychological testing, under the recent court order.
Police officers reportedly testified during family court hearings last week to describe the events surrounding the alleged scuffle. While the judge made the temporary child custody ruling based upon the evidence presented during the hearings, a more complete determination will be made at a later date.
As reported above, the judge ordered that the children undergo psychological testing in relation to the alleged events. In family court and divorce proceedings involving children, it is important to note that child custody and support issues are based upon the best interests of the child.
Legal arguments in court concerning the best interests of the child can often be complex. It is important for any parent who is considering divorce to think about speaking with a seasoned Houston family law and divorce lawyer who can provide guidance on the complex legal issues throughout a divorce proceeding.
Source: San Francisco Chronicle, "Deion Sanders gets temporary custody of children," Associated Press, May 7, 2012
]]>The couple had a child together in 2005, during a roughly four month affair that occurred when Pinault was on a so-called "break" from Salma Hayek. Pinault and Hayek are now married and have a 4-year-old daughter of their own.
In 2005, Evangelista gave birth to a son, but reportedly did not have Pinault named as the father on the birth certificate. Last year, Evangelista sought child support, and reportedly for the first time named Pinault as the child's father.
]]> The trial scheduled for this week apparently does not include any paternity dispute, but only issues related to the best interests of the child and what claims for child support serve only those interests. Evangelista is seeking $46,000 in child support.Pinault claims that not all of the $46,000 that Evangelista seeks is for support of the child, but for Evangelista's personal benefit.
Meanwhile, Evangelista claims that the child has the right to have a comparable lifestyle that that enjoyed by the daughter of Pinault and Hayek, the half-sibling of Evangelista's child. Evangelista claims that Pinault's $5 million per year income is sufficient to cover her child support request. Among the expenses she claims are in the best interests of the child are $7,000 a month for a 24-hour nanny and $15,000 to $16,000 each month to pay for armed bodyguards to protect the child.
Sources:
Fox News, "Linda Evangelista and Salma Hayek's hubby ready to rumble in child support trial," New York Post, May 1, 2012
The Star-Ledger, "Judge to hear Linda Evangelista's record-breaking child support request this week," Vicki Hyman, May 1, 2012
]]>Twitter messages are now appear to be part of the dispute in the contentious Texas divorce proceedings for Deion Sanders and his estranged wife, Pilar. Sanders filed for Divorce in Texas in December 2011, and other contentious disputes have arisen outside the divorce case between the spouses since the couple separated.
]]> The Hall of Fame NFL star and former Major League Baseball player, Deion Sanders and his estranged wife Pilar, a model, have three children together. Deion also has two children from a previous marriage. But disputes in the media since the divorce proceeding began seem to involve issues outside of the family law arena.The latest chapter in the contentious divorce involves allegations of domestic abuse, Twitter messages and a gag order in the divorce case. Deion reportedly tweeted Monday that his children "witnessed their mother and a friend jump me in my room," according to the Associated Press. Sources indicate that Pilar was arrested Monday in Dallas and booked on misdemeanor domestic violence charges.
Pilar's attorney says that a gag order has been placed in the couple's divorce case. Certainly, a number of issues have arisen outside of the family law case and those external issues have landed in court since the couple separated.
Pilar reportedly filed a defamation lawsuit against Deion and his daughter from his previous marriage after the divorce petition hit the court. In February, Pilar filed a lawsuit against Deion and his aunt after an alleged assault, according to the AP.
Not all divorce cases extend to other lawsuits outside of the family court proceeding. Experienced Houston family law lawyers are aware that emotions can run high when a marriage breaks down. Complex issues can arise surrounding all aspects of a divorce, including those related to child custody, child support, division of property and a host of other topics. A seasoned divorce lawyer can assist a man or woman facing divorce in understanding how the complex Texas family court rules and laws apply in an individual situation.
Source: Associated Press, "Deion Sanders' estranged wife accused of assault," April 24, 2012
]]>But not all child support and custody issues necessarily arise in a Texas divorce. One married Texan was recently thrown in jail for a child support issue. The man has a wife and two kids, but the child support issue involved a separate woman who had entered the picture in 2006, while the man and his wife were temporarily separated.
]]> The man was recently thrown in jail in Tarrant County for allegedly failing to pay $50,000 in child support from what has been described as a very short relationship during that 2006 separation. As the man sat in jail, he obtained a DNA test, which later showed a zero probability that he was the parent of the child associated with the child support order.The man in the recent Dallas case reportedly had learned of the new law through his mother who had called the man's wife to alert her to the statute, according to CBS in Dallas-Fort Worth.
The man was freed from jail last week. A Texas judge legally terminated the man's parental relationship based upon the DNA test under Texas law. The judge says that the Texas law is not just an idea that concerns parents. "I think a child has a right to know who the parents are when they're being raised," she says.
Notably, the judge's ruling only terminated the man's future obligations to pay child support on behalf of the child under the current state of the Texas law. The judge's ruling did not erase that $50,000 in back child support. However, the mother of the child associated with the back support issue reportedly agreed to relinquish her claim to the money, something that she was technically legally obligated to do under Texas law.
This blog has previously discussed the new law regarding DNA tests in Texas. But the law sets a deadline of September 1 to file a claim for parents under a current child support order who dispute paternity to challenge parenthood with DNA evidence.
Source: CBS DFW, "Man Jailed For Child Support For Baby That Wasn't His," Carol Cavazos, April 12, 2012
]]>She reportedly moved to California in 2001 and decided in 2006 to have children. The Texas bodybuilder agreed to donate sperm in 2006, and the woman had triplets in 2007. The Texas resident who donated the sperm was listed on the kid's birth certificates and he reportedly signed a declaration of paternity.
]]> Unfortunately one of the triplets died. The mother sued the Texas man in 2008 for child support. The legal battle continued over the child support payments after a judge ruled that the man owed child support for the two children. The man appealed and an appellate court has ruled that under California law, the sperm donor is not responsible for child support payments. Notably, Texas has a similar law for sperm donors.Although the Texas resident will not be required to make the payments under the appellate court ruling, it appears that he will not be able to recover thousands of dollars that he had paid under the trial court ruling.
The ruling was made under another state's laws, but as the case illustrates, family law issues can be complex. Trial court rulings in family law cases, like other areas of the law, at times need to be appealed to determine some complex family law issues. It is also important to note that an experienced North Houston family law attorney can be beneficial at all stages of a family law dispute to help ensure that the right arguments are brought at all stages of a court proceeding.
Source: ABC 13/Associated Press, "Court says Texas sperm donor owes no child support," April 11, 2012
]]>The CDC researchers say that roughly 40 percent of survey participants between the ages of 15 and 44 were married in the years 2006 to 2010. The researchers confirmed what many people have said concerning the likelihood a first-time married couple will eventually divorce, concluding that roughly 50 percent of marriages end in divorce. The CDC says, however, that cohabitation before marriage does not appear to have much impact upon the divorce rate as it appeared to have in the 1960s.
]]> Changing cultural attitudes about marriage and divorce may have led to the change. Houston family law lawyers are aware that changing attitudes concerning marriage and divorce may also be a factor in trends regarding prenuptial agreements.Many people seem to accept the potential for divorce and choose to help to avoid future contentious issues by making an agreement over such issues as property division in advance, reducing the potential for contentious disputes when emotions change.
While the CDC research found that couples who cohabited before marriage and those that did were about the same likelihood to have a marriage lasting at least 15 years, the researchers say subtle distinctions arose depending on the timing of the engagement.
The CDC says that among women participating in the research, roughly 60 percent who had not cohabitated prior to marriage or were engaged while cohabitating were likely to have a marriage that lasted 15 years. If no firm commitment of marriage occurred while couples cohabitated, the likelihood of a 15 year marriage dropped to 53 percent.
National research and statistics can help some to understand overall trends in issues that can arise in the area of family law. But when it comes down to an individual case, national statistics may only serve to show that others may be going through similar issues. For instance, in an individual situation, seasoned family law attorney can help a person who is considering marriage to understand what a prenuptial agreement can provide.
Similarly, when contemplating divorce, an experienced divorce lawyer can help an individual to rationally asses a variety of issues that can arise to protect the person's rights in a family law setting.
Source: The Pioneer Press, "Moving in together before marriage no longer predicts divorce, study finds" Mike Stobbe-Associated Press Mar. 22, 2012
]]>A dispute over the child support remains. Rodman says that he has paid child and spousal support and owes far less than his ex-wife claims, if he owes anything at all. His lawyer says that she will be providing the family law judge with evidence of the payments the ball player has paid.
Rodman argues that there is no evidence that he is behind in his child support payments and he is seeking to have the finding of contempt overturned. The dispute appears to center, in part, upon what the retired NBA player is responsible to pay under the most recent court order.
]]> In 2010, Rodman was ordered to pay $50,000 in support payments each month, according to a report in the Houston Chronicle. However, the retired player no longer commands the type of salary that he enjoyed during his NBA playing days more than a decade ago, and sources indicate that his post-retirement endorsement income have declined in recent years and that the he has had other financial issues.Rodman's lawyer says that the $50,000 is unrealistic based upon Rodman's current income and that the child support order was later modified after it was initially issued in 2010--knocking the monthly child support payments down to $4,500 per month.
The current child support dispute concerns Rodman's two children with his ex-wife, Michelle Rodman. The retired NBA player also pays child support for another son, which is not a part of the current dispute with his ex-wife. Michelle Rodman originally filed for divorce in 2004, but the marriage was not dissolved until earlier this year as the couple made several attempts to reconcile their differences over the years.
While Rodman played for two separate teams in Texas during his NBA career, the current dispute is being handled on the West Coast, although Rodman now lives in Miami. The California court system still has jurisdiction over the family law case.
Each state has its own laws in family law cases, but in issues where the family law court retains continuing jurisdiction, such as child support and child custody, many people need to seek modifications of an order as circumstances change.
Changes in income, or primary residence, and even changing the primary residential custody from one parent to the other, may require enforcement or a modification to a divorce agreement. But those types of modification need to be brought through the court to reduce future dispute.
A seasoned Houston family law attorney can help a person who has experienced a change in circumstances to learn how modifications to a divorce agreement work under Texas law.
Sources:
A news outlet in a city where the basketball star played during his active NBA career says that they have also seen the court documents making the request. Houston divorce and family law lawyers know that disputes are common during a divorce. Not all divorce proceedings have news outlets fanning the flames during such an emotional time. Nonetheless, it is common for the parties to request information from their estranged spouses concerning matters of potential dispute in a divorce.
]]> The recent discovery requests in the Iverson divorce reportedly also seek information from the basketball player concerning financial issues and contractual issues involving Iverson. The basketball player is currently playing in the Dominican Republic. It is a safe bet that he is no longer commanding the type of salaries that he enjoyed in the NBA.News reports indicate that he has had some financial difficulties in recent years. A bank ordered garnishment of his wages related to debts. Iverson and his estranged wife have five children together, and child support and maintenance appear to be issues in the divorce.
Iverson's wife, Tawanna, filed papers in December that she was not able to pay bills or provide for the couple's children. Allen Iverson reportedly has contested those allegations.
Not every divorce makes headlines, but it is important to note that a divorce can still involve complex issues related to property division, child custody and complex child support issues. Obviously, a person does not have to have linked to professional sports to have complex financial arrangements.
Most married couples live in a dual income family, and complex issues can arise when marital property includes significant financial assets.
It is important to consider speaking with an experienced Houston family law lawyer when contemplating divorce. A seasoned attorney can help a person to navigate, not only the complex rules of the court, but in working through the complex issues that can arise during a divorce.
Source: My Fox Philly, "TMZ Disputes Iverson's Wife's Claims," March 23, 2012
]]>Child custody and child support issues may not be on the radar for many Texas couples who are going through a divorce if the kids are grown, but for mature couples, dividing assets may very well be complicated for mature Texans who have raised kids in a blended family.
]]> The recent research indicates that in 2009, one in four divorces occurred among couples who were age 50 or older, according to the study, The Gray Divorce Revolution. Many mature couples who seek divorce have been married for many years. In other cases, a significant number of divorces occur among mature spouses who have been married for a shorter period of time and involve blended families.Not surprisingly, many financial planners say that dividing assets in a divorce among more mature Americans can take some finesse to help to assure financial security for the individuals after divorce. An income stream, or two income streams that once served a single household budget, may become more problematic in supporting what essentially becomes two households after the divorce.
Prenuptial agreements can often reduce stress if a marriage breaks down, and many who watch family law issues say that there has been a significant rise in the use of such agreements in recent years.
However, for those who did not enter an agreement earlier in life-that is a prenuptial agreement before marriage, or what is commonly referred to as a postnuptial agreement, which is entered into after the wedding-coming to an agreement on asset division early can help reduce the stress of the overall divorce.
Couples who are among the baby boomer generation who have been married for a significant period of time often have complex financial structures, including not only real property and bank accounts, but also retirement accounts and plans, and more assets.
An experienced Houston divorce lawyer can help a person contemplating divorce to navigate not only the tough issues that may arise under the law, but also in navigating complex asset structures in an individual situation.
Source: Fox Business, "The Boomer's Guide to Divorce," Kathryn Tuggle, March 7, 2012
]]>Parents who are planning divorce, or those who are in the middle of the divorce usually show great concern in helping their kids understand the split, and further helping the children to adjust to the new family structure. But does a divorce have similar effects on younger children with less developed language skills, such as infants and younger toddlers?
]]> Armin Brott has written a number of books on fatherhood. The author says that young babies may not understand the language and actual events that are going on during a divorce, but the author says that the infants do pick up on the environment. The emotions surrounding divorce-and parents' behavior in exhibiting those emotions-are perceptible to infants, according to the author.If the parents are fighting as the marriage breaks down, infants need not understand the actual words being thrown during an argument to perceive emotional strain. The infant may exhibit its own frustrations by becoming more prone to crying and becoming fussier.
But the infant child may pick up on more subtle emotional signals. Children-even toddlers and infants-can pick up clues from their parents about the parents' emotions. A parent who may be depressed during a divorce can display clues that the child can perceive. The infant may even begin exhibiting his or her own symptoms, such as a decrease in appetite, sluggishness, difficulties in sleeping, among others, according to the parenting author.
Babies are generally resilient and highly adaptable people. Divorcing parents can keep their children in mind and continue to be effective caregivers during a divorce. Obviously, some steps in effective care giving during divorce involve focusing on the child's needs, including the child's need for occasional down time. But, the parenting author also says that it is necessary for divorcing parents to take care of themselves--and their own emotions--during the stress of a divorce to better help their kids through the process.
Source: The Seattle Times, "Ask Mr. Dad: Don't divorce your baby," Armin Brott, Jan. 19, 2012
]]>Texas law allows for a purported father to disestablish paternity through a lawsuit. The law signed last year relating to mistaken identity has a deadline that is rapidly approaching for unwed fathers who have been paying child support for years, but who may believe that the child is not biologically related.
]]> One Texas man has been paying child support for years, although he says he never gets to see the child. The man believed for years that the child was not his, but was under court order to pay support. He says it has been 10 years since he saw the child.The child was born while the purported father was away at boot camp. He had seen the child's mother for a short time when he was 18-years-old, and before joining the military. The woman gave birth and took the child out of Texas to live in another state. Over the years, as the child grew older, the man saw photos of the child and believed the child looked more and more like the man his former girlfriend dated before he saw the woman. He says he became 95 percent sure the child was not his.
Under a Texas law, signed by the governor on May 12, 2011, the man sought to stop the court-ordered child support payments because he never believed the child was his. A DNA test performed last December showed that the child was not his. The man learned that he would not be liable for future child support payments, which were set at $450 a month.
He has paid an estimated $23,000 in the past, and is not entitled to recover that money. However, the DNA test relieved the man of future financial responsibility for the child who is not the man's child. These days, the man has met someone else who had her own child. He has been with the woman for eleven years and says, "That's the family I need to take care of."
The law, however, has a deadline for people to file a complaint to challenge past child support orders, which may be based upon mistaken identity. Under the measure, known as Senate Bill 785, and subsequently signed by the governor, has a deadline of Sept. 1, 2012 for men to file their complaint. Going forward, after September 1, men will still be able to challenge paternity, but not be able to challenge an older child support order based upon mistaken identity under the law enacted last May.
Source: CBS 11 News Dallas Fort Worth, "DNA Test Deadline Nears For Texas Dads," Carol Cavazos, Feb. 20, 2012
]]>Obviously, the largest group of single fathers includes those who went through a divorce. Data shows that 45 percent of single father households were previously granted custody in some form of divorce proceeding However, 34 percent of single fathers who are raising their children were never married. Often, the fathers who were never married had to establish paternity in a lawsuit to gain access to their children.
]]> Houston family law attorneys are aware that establishing, or in some cases disestablishing paternity, through the legal process can have legal effects that reach issues such as custody and child support. Technically, "custody" in Texas is called "conservatorship," but that legalese still covers custody issues. Whether a single father is given access and possession rights to his children in a Texas paternity lawsuit is determined under the best interests of the child.Like any single parent, single fathers work hard to coordinate activities and schedules for their children. A recent news report covered the juggling that some fathers go through to manage their own work schedules and the schedules of their children. One of the fathers, who was granted custody of his two teenage children recently in a divorce, says that, "I honestly do not think I could handle just being that every-other-weekend dad. I love the fact that they can be with me all the time," according to the Mansfield News Journal.
He says that it is most difficult when each of his teens have to be at separate places at the same time. He has few family members who live close by, but finds that he can coordinate schedules with other parents. Simply stated, he says that he loves having his children with him.
Source: Mansfield News Journal, "Single fathers don't have it easy," Kimberly Gasuras, Telegraph-Forum, Feb. 13, 2012
]]>North Houston family law lawyers know that many marriages are successful. Some financial industry experts insist that a large number of marriages that later fall apart do so for economic and financial reasons. Some advocates feel that premarital agreements, popularly referred to as "prenups," can actually help spouses resolve future differences, and hold the marriage together.
]]> There is a growing trend across the country for young couples to consider entering into premarital agreements before they recite their vows. A 2010 study found that roughly a third of all Americans said that they would ask their partner for a premarital agreement before marriage. Many women are the first to initiate premarital agreement discussions in recent years.Premarital agreements in Texas can cover a wide variety of topics, and help to facilitate a more amicable divorce should things in the marriage fall apart. Future potential child support or child custody issues are just about the only issues that cannot be covered in a premarital or postmarital agreement. That is right; some couples choose to address issues after tying the knot in a written agreement, known after the wedding ceremony as a postmarital agreement.
Most people think of celebrities, or couples who have vast disparities in income or age, when they think of prenups. The truth of the matter is that many couples who share similar incomes and age can benefit from entering premarital of postmarital agreements.
People are generally marrying later in life after having built a certain amount of wealth, while others are marrying after having already gone through a marriage. Parents of children from a previous marriage are often concerned about providing for their kids and a premarital agreement can help to resolve these issues. And younger people may have links to family businesses or other assets, and it may be beneficial for a couple to resolve potential future issues to maintain family harmony.
Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012
]]>While prosecutors were preparing to charge the woman on allegations of stalking and extortion, Cashman's wife served him with divorce papers. The papers were filed in court last Thursday; one day after police arrested the woman who reportedly had claimed that she was having an affair with the general manager.
]]> Cashman's wife apparently has been living in the couple's $3.7 million mansion with their two children since the separation. In the court filing, Cashman's wife is seeking permanent alimony payments, a division of marital property and joint custody of the couple's two minor children.The New York Yankees say that the general manager's status with the team remains unchanged.
While each state has its own laws that control in divorce, many similarities exist in the overall issues that arise in family law. For instance, current news reports do not detail the overall scope of what child custody may eventually mean for the Cashmans and their two children.
In Texas, child custody matters are determined under what the state calls "conservatorship." A joint managing conservatorship under Texas law can be more complex than it sounds. Joint child custody arrangements-or joint conservatorships-are generally preferred in Texas, but the arrangement actually includes many working parts, ranging from where the child will leave to who the child or children will primarily live with--known as possession orders in Texas.
When a marriage breaks down, it is important to for Texans to consider speaking with an experienced Houston family law attorney for aggressive representation and assistance in navigating the complex legal issues involved with divorce.
Source: New York Post, "Wife of Yankees GM files for divorce after latest cheating allegations," Liz Sadler, Jeane MacIntosh and Dan Mangan, Feb. 4, 2012
]]>