Tarrant County has six courts who hear all family matters for the County. Smaller counties not in metropolitan areas have what are called courts of general jurisdiction. Courts of general jurisdiction hear all kinds of matters: criminal, civil, and family. But because of the larger populations, counties like Tarrant and Dallas have courts that specialize in civil, criminal or family law.
Such is the case in Tarrant County. We have six district courts who hear all family law matters including Department of Family and Protective Services (DFPS): the 231st, 233rd, 322nd, 324th, 325th, and 360th. Additionally, the 323rd District Court hears some DFPS cases as well as all juvenile matters.
Each of the six family law courts have two judges: the Associate Judge and the District Court Judge. Some people refer to them as the "big" (District Court) and the "little" (Associate) judges. This is because the District Court Judge is essentially the "boss" of the Associate Judge. The District Court Judge is elected while the Associate Judge of the court is selected by the District Court Judge and appointed to the seat.
The Associate Judge and the District Judge have defined areas regarding what they hear. All hearings for Temporary Orders and enforcements (of child support and visitation) are heard by the associate judges. The District Court Judges generally hear all of the final trials, motions for continuance, and appeals of the rulings from their associate judges. In some courts, if both parties agree, the Associate Judge can hear the final trial for a case.
Hear are a few questions I am often asked about the courts here in Tarrant County:
Q: How do I know what court my case is in?
A: At the top of anything filed with the court is what is called the "caption." The first line is a number in the following format: XXX-XXXXXX-XX. The first three numbers is the court. The last two number is the year the case was initiated. You can also find the court on the right side of the caption.
Q: How is the court for my case picked?
A: It is randomly chosen by a computer program.
Q: Can I pick what court I want for my case?
A: No. Even if you get a court you don’t want and cancel your case (called a nonsuit) in hopes of filing again and getting a different court (this is called forum shopping in the legal community), the computer is smart enough to recognize the names of the parties and children and put you in the same court you had in the first place.
Q: What if I had a divorce years ago and now want to modify child support or visitation for my children? Will I get a new court?
A: No. When a court has jurisdiction over a child in any matter, that court has what is called "continuing, exclusive jurisdiction" over that child. Therefore, if three years after your divorce you want to modify your child support, you will end up in the same court you had for your divorce. The only way to potentially change this is if the child moves out of the county and remains for at least six months. In this situation, you would need to consult a lawyer to find out how you can change courts.
Ami J. Decker
www.famlawtex.com
Tarrant County Family Law
Thursday, January 26, 2012
Wednesday, January 25, 2012
Calculating Child Support
Every state calculates child support differently. This article addresses determining child support in Texas according to the Texas Family Code as of 2012.
In Tarrant County, Texas, if you are the parent who does not have primary conservatorship of your children, you will be required to pay child support. It doesn’t matter if you and your former or soon-to-be former spouse agree that neither of you will pay child support. Tarrant County has six family law district courts and none of them will allow parents to agree to no child support if a parent has a greater amount of time with the children than the other parent.
Please consult your attorney to determine what you should pay for child support. There are many ins and outs to child support so you need confer with an attorney to validate your net resources and identify if your situation qualifies to deviate from guideline child support. This is meant to give you a general idea of what to expect.
To determine the amount of child support a parent will pay every month the court must:
Determine the net resources of the person paying child support
Child support is based on the net resources of the person paying child support. The Texas Family Code identifies what is included in net resources. Net resources include the following:
Apply the guidelines for child support to the net resources of the person paying child support
Child support is calculated based on a person’s monthly net resources. Once you have determined the monthly net resources of the person paying child support, you have to apply the child-support guidelines in the Texas Family Code. If the child support payer’s net monthly resources are $7,500 or less, child support is calculated as a percentage of the net resources.
When all the children requiring support by the person paying child support live in one household, the amount of monthly child support is calculated based on the following percentages:
Number of Children Amount of Child Support
1 20% of monthly net resources
2 25% of monthly net resources
3 30% of monthly net resources
4 35% of monthly net resources
5 40% of monthly net resources
6+ Not less than 40%
These percentages are adjusted if you have other children you are required to support. For example, if this is your second divorce and you are already paying child support for 2 other children, your child support for the children of your second marriage will be reduced accordingly. You should consult a family law lawyer to determine how the other children affect what you child support should be in your current case.
Consider any factors that might allow for deviating from the guidelines
The amount of child support a person pays can be adjusted up or down from the guidelines based on specific factors identified in the Texas Family Code. Some of those factors include the age and need of the child, the child’s education expenses beyond secondary school, uninsured medical expenses of the child, travel cost for exercising possession of and access to the child, child-care expenses that allow either party to maintain gainful employment, and spousal maintenance paid or received by a party. This list is not all-inclusive. If you feel you have circumstances allowing for a deviation from guideline child support, it is a good idea to discuss those with your attorney to determine if a deviation is possible for your situation.
Child support is usually just a math problem but because of the many exceptions and oddities, it is always a good idea to consult an attorney to make sure you are paying or receiving the right amount.
Ami J. Decker
www.famlawtex.com
In Tarrant County, Texas, if you are the parent who does not have primary conservatorship of your children, you will be required to pay child support. It doesn’t matter if you and your former or soon-to-be former spouse agree that neither of you will pay child support. Tarrant County has six family law district courts and none of them will allow parents to agree to no child support if a parent has a greater amount of time with the children than the other parent.
Please consult your attorney to determine what you should pay for child support. There are many ins and outs to child support so you need confer with an attorney to validate your net resources and identify if your situation qualifies to deviate from guideline child support. This is meant to give you a general idea of what to expect.
To determine the amount of child support a parent will pay every month the court must:
- Determine the net resources of the person paying child support;
- Apply the guidelines for child support to the net resources of the person paying child support; and
- Consider any factors that might allow for deviating from the guidelines.
Determine the net resources of the person paying child support
Child support is based on the net resources of the person paying child support. The Texas Family Code identifies what is included in net resources. Net resources include the following:
- Wage and salary income (If there is no evidence of a salary, the court presumes a salary of the federal minimum wage at 40 hours a week.);
- Self-employment income;
- Severance pay;
- Retirement pay;
- Social Security benefits;
- Unemployment benefits;
- Disability and workers’ compensation benefits;
- Alimony;
- Child support (received for other children);
- Net rental income;
- Interest income;
- Capital gains;
- Trust distributions;
- Annuity income;
- Gifts and prizes;
- Deemed income; and
- Other income (examples: cash inheritance, athletic scholarship).
- Return of capital or principal;
- Accounts receivable;
- Welfare benefits;
- Foster-care payments; and
- Spouse’s income.
- Federal income taxes;
- State income taxes;
- Social Security Taxes;
- Nondiscretionary retirement-plan contributions;
- Union dues; and
- Child’s health insurance or cash medical support.
Apply the guidelines for child support to the net resources of the person paying child support
Child support is calculated based on a person’s monthly net resources. Once you have determined the monthly net resources of the person paying child support, you have to apply the child-support guidelines in the Texas Family Code. If the child support payer’s net monthly resources are $7,500 or less, child support is calculated as a percentage of the net resources.
When all the children requiring support by the person paying child support live in one household, the amount of monthly child support is calculated based on the following percentages:
Number of Children Amount of Child Support
1 20% of monthly net resources
2 25% of monthly net resources
3 30% of monthly net resources
4 35% of monthly net resources
5 40% of monthly net resources
6+ Not less than 40%
These percentages are adjusted if you have other children you are required to support. For example, if this is your second divorce and you are already paying child support for 2 other children, your child support for the children of your second marriage will be reduced accordingly. You should consult a family law lawyer to determine how the other children affect what you child support should be in your current case.
Consider any factors that might allow for deviating from the guidelines
The amount of child support a person pays can be adjusted up or down from the guidelines based on specific factors identified in the Texas Family Code. Some of those factors include the age and need of the child, the child’s education expenses beyond secondary school, uninsured medical expenses of the child, travel cost for exercising possession of and access to the child, child-care expenses that allow either party to maintain gainful employment, and spousal maintenance paid or received by a party. This list is not all-inclusive. If you feel you have circumstances allowing for a deviation from guideline child support, it is a good idea to discuss those with your attorney to determine if a deviation is possible for your situation.
Child support is usually just a math problem but because of the many exceptions and oddities, it is always a good idea to consult an attorney to make sure you are paying or receiving the right amount.
Ami J. Decker
www.famlawtex.com
Wednesday, January 18, 2012
What is Attorney-Client Privilege?
Attorney-client privilege protects communications between a lawyer and his or her client. The theory is if communications between an attorney and client are confidential, it will foster open and frank disclosures by a client to his attorney.
The privilege is owned by the client and not the lawyer. This is important to note because it is only the client who can waive this privilege thus allowing the attorney to share disclosures made to him by the client.
For a communication between two people to be bound by attorney-client privilege, the communication must be made by a person to a member of the bar or someone who works for that member of the bar, and that member of the bar is acting in the capacity of an attorney. Lastly, the communication must be made for the purpose of obtaining legal advice.
This attorney-client privilege is created as early as the initial consultation before you hire an attorney. That privilege remains in effect even if you choose not to hire that lawyer. Remember, privilege is owned by the client and not the attorney; therefore unless you waive it, everything shared in an initial consultation remains confidential.
There are some exceptions to the privilege clients should be aware of:
Ami J. Decker
www.famlawtex.com
The privilege is owned by the client and not the lawyer. This is important to note because it is only the client who can waive this privilege thus allowing the attorney to share disclosures made to him by the client.
For a communication between two people to be bound by attorney-client privilege, the communication must be made by a person to a member of the bar or someone who works for that member of the bar, and that member of the bar is acting in the capacity of an attorney. Lastly, the communication must be made for the purpose of obtaining legal advice.
This attorney-client privilege is created as early as the initial consultation before you hire an attorney. That privilege remains in effect even if you choose not to hire that lawyer. Remember, privilege is owned by the client and not the attorney; therefore unless you waive it, everything shared in an initial consultation remains confidential.
There are some exceptions to the privilege clients should be aware of:
- If the communication to the attorney was made in the presence of a third party who is not an attorney nor works for the attorney, or if that communication was later shared with a third party, the privilege is waived - that communication is NOT bound by the privilege.
- If the communication is publicly disclosed, the privilege is waived.
- In Texas, if the client communicates in a way such that the attorney reasonably believes the client is going to commit a criminal act likely to result in imminent death or substantial bodily harm of another, the lawyer is required to disclose information to prevent the harm.
Ami J. Decker
www.famlawtex.com
Sunday, January 15, 2012
Your Case Is Important
My first year in law school I had the opportunity to learn from one of the most intelligent and difficult professors at the University of Oklahoma College of Law. This professor taught me Constitutional Law and Criminal Law. I learned a great deal in his classes, but nothing as insightful as one comment he made. He made this comment more than once and it has never left me. This one comment has driven how I practice law every day.
On more than one occasion he said “As a lawyer, you may have many cases, but each client’s case is the most important thing going on in his or her life.” I have never forgotten this.
It’s true, I have many cases. But I am a family law attorney. Each case I have deals with the most important aspect of a person’s life: his or her family. There is nothing more personal, more all-consuming, or more stressful. As I work on my clients’ cases, I try to keep in mind there is nothing more critical happening in that person’s life than their divorce, or the enforcement of child support, or their adoption.
This one tidbit my law professor shared with his class years ago has stayed with me and drives how I manage every case, how I work with every client, and how The Decker Law Firm operates. I always ask myself if it were my divorce, how would I want my lawyer to handle it. As an attorney it is important for me to recognize that this isn’t just a job it’s about my client’s future. I never take my duties lightly; it’s just too important to my clients.
On more than one occasion he said “As a lawyer, you may have many cases, but each client’s case is the most important thing going on in his or her life.” I have never forgotten this.
It’s true, I have many cases. But I am a family law attorney. Each case I have deals with the most important aspect of a person’s life: his or her family. There is nothing more personal, more all-consuming, or more stressful. As I work on my clients’ cases, I try to keep in mind there is nothing more critical happening in that person’s life than their divorce, or the enforcement of child support, or their adoption.
This one tidbit my law professor shared with his class years ago has stayed with me and drives how I manage every case, how I work with every client, and how The Decker Law Firm operates. I always ask myself if it were my divorce, how would I want my lawyer to handle it. As an attorney it is important for me to recognize that this isn’t just a job it’s about my client’s future. I never take my duties lightly; it’s just too important to my clients.
Ami J. Decker
www.famlawtex.com
Saturday, January 7, 2012
Out of the Mouths of Babes
I often tell my clients the most important people in a divorce are the children. When parents get caught up in their feelings for their spouse - the hate and the anger- they tend to forget how their actions and what they say affect their children.
I was reminded of this as I read an article on huffingtonpost.com which identified rules children would want their parents to follow after a divorce. Something as simple as one parent talking badly about the other parent can cause a child distress. The children didn’t ask for the divorce.
As much as you may hate your spouse or former spouse, that person is still your child’s other parent; a person your child loves just as much as he loves you. It is the person your child looks to just as much as he looks to you for direction, for a hero, for love.
If you have children and are going through a divorce or have already gone through a divorce, please take the time to read this article, and keep it in mind if you’re going through this very stressful event: http://www.huffingtonpost.com/kara-bishop/if-your-kids-could-make-t_b_1171554.html.
I was reminded of this as I read an article on huffingtonpost.com which identified rules children would want their parents to follow after a divorce. Something as simple as one parent talking badly about the other parent can cause a child distress. The children didn’t ask for the divorce.
As much as you may hate your spouse or former spouse, that person is still your child’s other parent; a person your child loves just as much as he loves you. It is the person your child looks to just as much as he looks to you for direction, for a hero, for love.
If you have children and are going through a divorce or have already gone through a divorce, please take the time to read this article, and keep it in mind if you’re going through this very stressful event: http://www.huffingtonpost.com/kara-bishop/if-your-kids-could-make-t_b_1171554.html.
Ami J. Decker
www.famlawtex.com
Sunday, January 1, 2012
How to Choose a Family Law Lawyer
How do you find a lawyer that is right for you if you are going through a divorce, fighting a custody battle, or trying to get your ex-spouse to pay child support in Texas? First things first: It is important to choose a lawyer whose primary focus is family law. If you are located in a more rural area of Texas, most lawyers handle a variety of legal issues so look for someone who regularly handles family issues.
To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.
Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.
Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.
Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.
In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.
The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.
Ami J. Decker
www.famlawtex.com
To start, ask around. Chances are you have family members or friends who have needed a lawyer for family law issues. They may have had someone who worked out really well for them or didn’t work out at all. A lawyer who focuses on family law, will know the ins and outs of the Texas Family Code and the idiosyncrasies that would easily trip up a lawyer who does not work in family law on a regular basis.
Also important is choosing a lawyer who regularly practices in your county. A lawyer who stands before the judges in your county on a regular basis will, in many cases, be able to tell you what is likely and unlikely to happen in your court in your particular situation. Further, you won’t have to be concerned about your lawyer being "hometowned." In some jurisdictions, particularly in less-populated counties in Texas, a lawyer coming from another county who does not normally practice in the jurisdiction may not be treated as welcoming as a lawyer who is in that court all the time. An out-of-town attorney may have to figure out what the local court rules are and what the normal practices may be. For example, do you stand when you question witnesses or is it customary in that court to remain seated at the table? Even on both sides of the Dallas/Fort Worth metroplex you have to be aware of how often your lawyer practices in that county. In some situations, it is better to find a lawyer who regularly practices in Tarrant County. A Dallas lawyer traveling to Tarrant County who rarely, if ever, practices in Fort Worth may have struggles.
Always meet your potential lawyer in person. Although it may be annoying or pricier paying for an initial consultation with a lawyer, and then doing so with several lawyers, it is the best way to see if a lawyer is the right one for you. An initial consultation serves several purposes for someone on the hunt for a family law attorney. It is a great way to get a feel for what the law says about the important matters in your specific divorce. Look at an initial consultation as an interview of someone you want to hire. Does the lawyer have experience in the areas most significant to your situation? For example, if you have a family business and you are getting a divorce, does the attorney have experience with business valuations and negotiating the division of businesses? If Child Protective Services (CPS) is involved in your case, does the attorney have experience in CPS cases? If you are going to have a custody battle on your hands, does the lawyer have a good bit of experience in this area? If an attorney is strictly a family lawyer, chances are they have plenty of experience in all these areas; but it is good to ask the questions to make sure.
Something else important when meeting with lawyers is to determine if you think your personality will work well with the personality of the lawyer. Additionally, does the lawyer have the personality you need for your case? For example, do you want an aggressive lawyer who will need to fight for everything because the opposing party (your spouse, your ex-spouse or parent of your child) is confrontational about everything? If so, a lawyer who seems meek may not be the right fit for your situation. Conversely, if you and your spouse are getting a divorce and are relatively amicable about everything, you probably don’t want a lawyer who thrives on going into court and fighting it out for every little item. It is also good to keep in mind that some lawyers can play both roles - if the situation calls for aggression, the lawyer can take the reins and fight it out. But if you and your spouse are fairly amicable toward each other, that same lawyer can work with you to reach a resolution.
In the initial consultation, you will want to find out what the lawyer’s hourly rate is and what his or her initial retainer is. Keep in mind that a lawyer’s initial retainer is NOT necessarily what your case will cost. It is just the amount that gets you started.
The bottom line is, spending some time and money at the beginning of your case to find the right lawyer, will save you pain and suffering later on and can even save you money on the back end.
Ami J. Decker
www.famlawtex.com
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