Happy New Year! The Decker Law Firm wishes you a new year full of love,
happiness, and prosperity.
2013 was a wonderful year for The Decker Law Firm – We met
some incredible people, made some new friends, and were able to help many
families through some of the most difficult times in their lives. We are so very thankful to have had that
opportunity.
We hope to continue serving our clients in a new
location. The weekend before the New
Year, we moved our office. The Decker
Law Firm happily announces our new location and phone numbers:
5201 West Freeway, Ste. 102
Fort Worth, TX 76107
(817) 735-0005 Phone
(817) 735-8959 Fax
We will continue to provide our clients with honest, strong
representation – only from a different locale.
If you need to visit us and are not sure where
to find our new office, just give us a call.
We look forward to hearing from you soon.
Ami J. Decker
www.famlawtex.com
You have probably heard of attorney-client privilege or the confidentiality between lawyers and their clients. What is this? Confidentiality between a client and his lawyer is sacred. It means that what is said between a client and his or her attorney regarding the case remains private. One reason for this is to allow a client to feel comfortable telling his attorney everything about his case. No misrepresentations of the truth. The reason it is critical for a client to be honest and straightforward with his attorney is so the attorney can present the best possible case for the client and diffuse any negatives, if possible.
This means, never lie to your attorney about anything. Not only is there no benefit, it is a detriment to you as the client to lie to your lawyer. As in any legal matter, with a family law case - be it divorce, custody, child support, or whatever - the opposing party may very well have evidence or testimony to prove you are lying. And if your lawyer finds out about the lie at the time it is proven to be a lie in a hearing or final trial, there is nothing she can do to help you.
It is absolutely critical to tell your lawyer the truth about everything, no matter how bad it is or how badly you think it makes you look. At least if you tell her the truth, she will have an opportunity to mitigate the damage.
Another reason to tell your lawyer the truth is that if he or she finds out you have lied, he will not and can never trust what you tell him again. Your communication with your attorney is shot. He cannot trust you anymore. And if he cannot trust you to tell the truth, your attorney may very well withdraw.
Lastly, if your attorney cannot trust you to tell the truth and believes you will lie on the stand, he cannot put you on the stand and risk your perjuring yourself. If your lawyer puts you on the stand, knowing you will lie, then you lie, and it is found out, your lawyer could very well lose his law license. And an attorney will not risk his livelihood by allowing you to testify.
Just remember, it is infinitely better for your attorney to know all the bad stuff about your case so he is not surprised with it when you are in front of the judge on a witness stand. Without your permission, he cannot tell anyone about your bad stuff. But at least if you tell him, he can mitigate the damage.
Your case is a partnership between you and your lawyer. You know all the facts and the lawyer knows the law, the courts, and how to apply the law to your facts. If you fail to tell your attorney the truth, the lawyer’s course of action and strategy could be totally wrong for your case. Don’t worry about your attorney judging you; that is not his job. Chances are he or she has heard it before or some version of it. Attorney-client confidentially is there to protect and help you! Please take advantage of its benefits.
Ami J. Decker
www.famlawtex.com
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;
- 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).
The Texas Family Code also identifies items not included as net resources:
- Return of capital or principal;
- Accounts receivable;
- Welfare benefits;
- Foster-care payments; and
- Spouse’s income.
When you calculate net resources, you must subtract the following items from all net resources before calculating child support:
- 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
