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Protecting children's wellbeing after divorce

Divorced Texas parents, no matter their own conflicted relationship, usually want what is best for the children. However, with the negative feelings often associated with a break up comes the possibility of exhibiting parental behavior that can negatively affect the children. It is possible to protect the emotional wellbeing of children after a divorce by keeping in mind that they have certain rights that need to be respected.

To promote children's wellbeing after divorce, parents should remember that children have the right to continue positive relationships with both their parents and, as time goes on, with any stepparents. They also have the right to decide how they want these relationships to develop, who they spend time with and how they show their affection. They should not be prevented from developing relationships with both parents and should not have to listen to one parent speak negatively about the other.

Preparing for divorce in summer

Summers in Texas bring an increased risk of divorce for many families. According to research out of the American Sociological Association, divorce filings regularly rise in August. This may be because couples spend more time together during summer vacation, exacerbating any issues they're already experiencing. Spouses who believe that their marriage is at risk during this time of year may want to prepare for the end.

Spouses can take a few practical steps at the beginning of the season to prepare for a possible separation, including speaking with an attorney and financial adviser. They should also gather any documents that will likely be needed in court. Gathering a supportive network of friends and family can help reduce stress during this difficult time. Discernment counseling may help a couple on the cusp of divorce decide which path they ultimately want to take.

How your spouse’s social media activity can impact your divorce

The interconnectedness of social media can be addicting for some. But faced with divorce, suddenly, social media could become a problem. If your spouse hasn’t been representing themselves appropriately on social media, you may be able to use this evidence against them in court.

Adapting to a new financial normal after divorce

Texas residents going through the divorce process will need to think about their finances after the divorce is completed. Being prepared about what is to come will also make it easier to adapt to the significant financial changes that often accompany the end of a marriage.

The first thing to adapt financially to a new normal after divorce is to create a budget, as suddenly income amount will be very different. In fact, according to the 2018 National Retirement Risk Index, most people need to make about 30 percent more in income after divorce to maintain the standard of living they were used to. This is due to the fact that the household income often changes from two incomes to one, marital assets are split, and savings and retirement accounts need to be rebuilt.

Options for paying for a divorce

How to pay for a divorce can present a challenge for some people in Texas. Options might include taking out a personal loan, using a credit card, using savings or borrowing from family. Each of these approaches could have advantages and disadvantages.

A personal loan may have lower interest rates than a credit card, but a credit card can allow people to borrow money as it is needed. Furthermore, a debt paid off quickly on a credit card with 0% APR can incur no interest at all. With a personal loan, it might be necessary to take out a large lump sum or apply for a new loan every time more money is needed. Using savings or borrowing from family may incur no interest, but using savings may be difficult if this is a shared marital asset. Using up savings can also leave a person with no money to help with the transition after divorce. Borrowing from family members could create a strain if it cannot be paid back promptly.

Who is responsible for paying back education loans post-divorce?

As some Texas residents have experienced, divorce can include the complicated process of dividing assets and debt. And because not all debt is equal, it might be difficult to understand, for example, who is responsible for paying back one of the spouse's student loans.

The answer to this depends on where the couple lives and when the debt was incurred. Texas is a Community Property state, which means that marital assets and debts are divided equally during divorce. If the school loan was taken out after the marriage took place, then the debt is considered marital debt and both spouses would be responsible for paying it back. However, if the loan was taken out before the marriage took place, then only the spouse taking out the loan would be responsible for paying it back after divorce.

What are your rights as a tenant in Texas?

Do you fall into the high number of residents who rent their property? According to 2019 study, nearly 48% of residents in Tyler are renters. This is especially true for people who are not married, as the majority of people who fall under this demographic are currently renters.

With so many people currently renting property in Texas, it is extremely important to know your rights as a tenant. Disputes between landlord and tenant are not uncommon. Understanding what you are entitled to as renter is key to not allowing your landlord to take advantage of you as well as enjoying the housing that you pay good money to live in.

Myths about non-custodial parents

In Texas and other states, there are many myths about what it means to be a non-custodial parent. All it really means is that the person does not have physical custody of their children. They may be a legal custodian of their child, but for one reason or another, they are not the primary caregiver. Non-custodial parents usually have visitation rights, pay child support and participate in their children's lives regularly.

A very common myth about non-custodial parents is that they are deadbeats. It's rare for a non-custodial parent who owes child support to not pay. Many pay every month and are actively involved with raising their children. It's also a myth that all non-custodial parents are fathers. While most non-custodial parents are fathers, it is becoming more common for courts to recognize the important role that single fathers can play.

Why child support isn't extortion

Parents in Texas who are divorced must generally help provide for their children financially. This is true regardless of the relationship that they have with the child's other parent. While some feel that paying child support is akin to paying a ransom, the goal is to make sure that the child has sufficient resources to grow into a productive adult. There are many misconceptions about the system that could be fueling someone's beliefs about paying child support.

Generally speaking, child support payments are based on how much money a parent makes. However, if a parent cannot be found, an income may be imputed to determine a support payment. If a parent cannot afford to make that payment, it may be possible to seek a modification of the original support order. Assuming that the request is made in a timely manner, the issue can generally be resolved in a manner that is satisfactory to all parties.

Law Office of B. Diane Heindel, P.C.
407 E. 4th Street
Tyler, TX 75701

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Law Office of B. Diane Heindel, P.C.