McKinney Family Law Blog

Texan farmers and ranchers face difficulties in property division

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Tuesday, October 9, 2012.

// Negotiating the division of assets in a divorce can be a difficult task for anyone. However, property division can be especially complicated for Texas farmers and ranchers. Because Texas is a community property state, all the wealth that a couple has accumulated together must be split evenly between the couple. This can lead many Texans to ask the question: how is a farm or a...

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Texas family law gets tested with groundbreaking case

On behalf of Loughmiller Higgins, Attorneys at Law posted in Family Law on Wednesday, October 3, 2012.

// In what may be a groundbreaking case for Texas family law, the courts may have to redefine what a mother is. The family law issue comes with the problems that IVF can create, as well as issues concerning surrogacy. The problem began when one woman, in order to fulfill her dream of being a mother, supposedly asked one of friends to be a donor so that she could become pregnant...

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Texans can revisit child support agreement in economic woes

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Thursday, September 27, 2012.

Sometimes, times get tough and it's hard to pay for child support payments. Many Texas parents find that they cannot pay both child support and the living expenses that they need to survive, especially in the current economy. For this reason, some may choose to revisit their child support agreement to see if they can alter the terms. Such is the case for one man who is requesting to have...

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Many in Texas surprised by property division in community state

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, September 20, 2012.

One of the things that many people are surprised about is how property division differs in Texas compared to most states. After all, Texas is one of states in the minority that splits assets that the couple has earned evenly among the couple. Sometimes such property division can have many scratching their heads, since the money that was clearly earned by only one spouse during the course of the...

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Texas couples may have to revisit property division in petition

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, September 13, 2012.

// Property division in Texas can be a complicated process for any divorcing couple. But it can be really difficult when one party believes that the property division may have been unequal -- just after the divorce settlement has been decided. This has been the case for one couple who, after figuring out a property division agreement, is going back to revise the settlement, as...

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New bill may make child custody harder for Texas grandparents

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Wednesday, September 5, 2012.

The Texas Grandparent Law was never intended to become a means by which grandparents could get child custody of their grandchildren. Instead, it was meant as a way that grandparents could have an active role in their grandchildren's life, even through such a tumultuous time as divorce. However, some critics of the law believe that this law actually being misused to give child custody to the...

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September brings new deadline for Texas dads paying child support

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Wednesday, August 29, 2012.

Many men paying child support may wonder if they are paying it unfairly. After all, while the mother of a child is usually apparent, it can be harder to tell who the father may be if there are any complications or doubts. For these Texas men who suspect that they are not the fathers, yet are saddled with child support payments, an important piece of state legislation, which starts officially...

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Texas property division: Which spouse gets the house?

On behalf of Loughmiller Higgins, Attorneys at Law posted in Family Law on Wednesday, August 22, 2012.

// One of the most common questions in property division is the question of who gets the house. Unfortunately, as many Texas divorcing couples are keenly aware of, this is also one of the most difficult questions to face. While some spouses are more than happy to leave their houses that they shared with their spouse, many times, spouses are reluctant to have to part with the home....

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Texas grandparents seeking visitation rights may get more

On behalf of Loughmiller Higgins, Attorneys at Law posted in Grandparents’ Rights on Wednesday, August 15, 2012.

// Often when visitation rights are being finalized in the Texas courts between the parents, a noticeable absence is felt with the grandparents. Typically, grandparents are forgotten about, or it is expected that the parents will bring their children to their grandparents, which isn't necessarily the case. However, some grandparents, in their quest to maintain visitation rights,...

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Texas spouses should take active role in finances during divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Monday, August 6, 2012.

// One of the most common mistakes that Texas couples make while finalizing a divorce is letting one spouse exclusively handle all the financial responsibility. Even if the spouses trust each other with financial matters, it is important to double-check and make sure that all the financial matters have been handled properly. By having each spouse take a role in these decisions,...

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Texas child custody: Parents can help with the adjustment

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Tuesday, July 31, 2012.

Often, Texas parents with child custody expect that the majority of the problems that they may have to face with their children are over after the final divorce proceedings. After all, some of the most tumultuous times that the parents encounter are during the actual proceedings, in which a child can often be quiet. Unfortunately, as parents with child custody are quick to find out, the end...

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Texas divorce: Know when to argue, when to settle

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, July 27, 2012.

// When Texas couples begin divorce proceedings, they can be emotionally overwhelmed by their circumstances, so much so that they are not acting in a clear-headed manner. Because of this, they risk making financial mistakes in their divorce that they later learn to regret. However, these potential errors can be easily avoided using a few helpful guidelines. First of all,...

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Texas couple with tumultuous past finalizes divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, July 13, 2012.

// While most couples don't originally marry with the thought of divorce in mind, it's no secret that not all marriages work in the long run. This may be especially true for one Texas couple, in which the husband is accused of hiring a hit man to kill his wife. Fortunately, the couple has been able to set these initial difficulties aside, at least in so far as their divorce is...

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Man sues ex for failing to size-up her shoe collection in divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, July 6, 2012.

// Even in the most straightforward Texas divorces, property division can often prove challenging. It can be a struggle to divide property equitably among couples, especially since what they might be dividing may be of a different personal value to each spouse. Furthermore, often during or after a divorce, couples sometimes uncover elements of their settlement. For one couple,...

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Parents with child custody often face insecurity from children

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Tuesday, June 26, 2012.

As many divorced Texas parents can tell you, coming to an agreement on a child custody arrangement is often only half the battle. Afterwards, many times the children are confused about where they stand with the parents, and they can often feel insecure about their place in the world. Fortunately for parents with child custody, there are some things that they can keep in mind as they help...

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Child custody communications may need to be adapted with time

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, June 22, 2012.

One of the hardest things for Texas parents to get used to after a divorce is sharing child custody with their ex-spouse. When the children are with your ex, the house may feel quiet or lonely. Parents who once were able to see their children every morning might have to wait until their child custody arrangement dictates that can be with their children again. Understandably, this can be a...

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Child custody issues come up in Sean Payton’s Texas divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Wednesday, June 20, 2012.

One of the most difficult decisions that divorcing parents in Texas often have to face is child custody arrangements. Often, it can be difficult for a parent to be away from their child for even a short period of time. To make matters worse, sometimes the reason why a couple splits is because of differences that both spouses claim are so irreparable that no amount of reconciliation can fix....

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Using QDROs to divide pension plans in divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, June 14, 2012.

// A few weeks ago, we discussed the fact that retirement accounts are often up for grabs in a divorce. This week, we'll take a more in-depth look at what that means and how they can be divided. As divorces have become more common for Texas spouses who are about to retire, one of the central issues that divorcing couples must face is equitable property division. In particular, as...

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Landmark Texas case may change the rules of divorce mediation

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, June 8, 2012.

Child custody can always be a challenging decision for all parents facing divorce. This is especially true since many times the child custody arrangements that parents agree on in court is considered legally binding, and there are very few circumstances that can change this agreement if both parents are not on board for this change. However, a landmark Texas case might significantly change...

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Retirement accounts up for grabs in long-time marriage divorces

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, May 30, 2012.

// For many who have been married for a long time in Texas, a divorce can be very challenging. This is often due to the fact that a couple that has been married for a long time has often acquired significant assets together. In addition, in many divorce cases for older adults, a retirement settlement is of particular concern. Authorities report that the number of couples who...

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Deion Sanders and his wife come to child custody agreement

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, May 25, 2012.

A bitter, high-profile child support and custody case has finally made some progress with the help of a Texas judge. Deion Sanders, an NFL Hall of Famer who played for the Dallas Cowboys, and his wife, Pilar, had filed for divorce, but they faced many challenges along the way. For one, Pilar wanted $14,000 in spousal support, which was denied by the judge. However, the hardest issue that they...

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Texas parents behind on child support payments can face jail time

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Friday, May 18, 2012.

// In Texas, as has been mentioned before, child support is a big deal. Those who are ordered to pay child support are expected to make the monthly payments, no questions asked. If they do not pay child support, they can be arrested and spend up to six months to jail. Furthermore, police officers are more than willing to round up those who have not been actively paying for their...

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Telling children about a divorce requires gentleness and love

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, May 10, 2012.

// Texas parents going through a divorce experience many tough times, but one of the toughest moments is when it comes time to talk to your children about it. Many times, the children may feel overwhelmed by the decision. Later, they may feel as though they are being pressured to like one parent more than the other, which can make them feel torn. However, while this subject may be...

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Potential bigamy charges make divorce sound like better option

On behalf of Loughmiller Higgins, Attorneys at Law posted in Family Law on Thursday, May 3, 2012.

// For most people, a divorce is a really stressful time that can cause a lot of disagreement between couples. However, in some cases, a divorce may be especially needed. For one Texas woman who may soon be facing bigamy charges for allegedly being simultaneously married to four different men, she may be wishing that she had divorced her husbands when she still had a...

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Divorce can stir up resentment when finances are on the line

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, April 26, 2012.

// Many times, divorce proceedings create an enormous amount of stress for the people involved. This can be especially true for high-profile cases. Although many Texas residents are able to work through the issues of a divorce, not everyone is able to come to agreements easily. This seems to be the case in a recent high-profile divorce case between Tareq and Michaele Salahi. The...

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Relocation can alter Texas visitation schedules

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Wednesday, April 18, 2012.

Child custody and visitation issues are often contentious. A child's visitation schedule is important to both parents as they negotiate living arrangements and other plans. When one parent seeks to change the visitation schedule for a child after a divorce, it can be very disconcerting to the other party and may also be the subject of further legal proceedings. In many Texas divorces, an...

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Texas CEO claims worth of negative $50 million in divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, April 12, 2012.

// Property division can always be complicated. However, property division can be especially tricky for couples who are very wealthy. Though prenuptial agreements often help, in some cases they can serve as yet another point of contention between couples facing divorce. In one Texas divorce, a CEO has claimed a negative net worth of some $50 million, while his wife is claiming...

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Texas conducts sweep to arrest child support violators

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Wednesday, April 4, 2012.

// Multiple sheriffs' departments throughout Texas have made it clear that they are pursuing those who have unpaid child support. Not long ago, a roundup of those found to be in contempt of court for failure to pay child support occurred in several counties. In total, 24 people were arrested from three different counties. As authorities continue their sweep throughout Texas, more...

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Woman with stolen identity gets hit with divorce from stranger

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Tuesday, March 27, 2012.

// When people seek a divorce, it is typically because the marriage is simply not working out. However, Texas residents may be interested to hear about a unique case in which one woman was served divorce papers from a man from another country that she had never met. The reason behind this mishap was simple: a stolen identity. Her birth certificate that was lost 16 years ago was...

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Property division more complicated for military spouses

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, March 22, 2012.

// Property division is never easy when couples divorce, but it can get even more complicated when one spouse is in the military. When dividing up assets in divorce proceedings, a military pension can be one of the largest assets in the marriage. Even though the divorce court may decide the appropriate property division, if the appropriate paperwork is not filed through the...

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Pet custody property division divorce cases increasing

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, March 16, 2012.

// When one thinks of property division in divorce proceedings, one tends to think of furniture, large electronics equipment, the family home and miscellaneous household appliances. However, one of the most complicated trends today is pets. Pets, under Texas law, are considered to be property, as is the case across the country. But even though the law technically considers pets a...

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Electronic benefits could impoverish those owing child support

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Thursday, March 8, 2012.

A new change in federal benefits policy could pose problems for those living in Texas who also owe child support. Before this policy change, states could only take 65 percent of whatever federal benefits a parent might receive in order to pay for back child support that the parent owed. However, because benefits payments are set to go completely electronic, states will be able to...

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Facebook, marriage and divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, March 2, 2012.

// Social networking has changed the way a lot of people communicate, and now it may be changing marriage and divorce as well in Texas and elsewhere. More and more, evidence gathered from Facebook is being used by splitting spouses in the courtroom. Indeed, according to a survey conducted by the American Academy of Matrimonial Lawyers in 2010, 80 percent of respondents said that...

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Texas international child custody dispute comes to close

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, February 24, 2012.

When a couple divorces, many issues need to be resolved. If children are involved, child custody can be one of the most complicated and emotionally charged decisions the divorcing couple faces. Most parents feel a deep love and concern for their children, and they are sometimes willing to go to extreme lengths to retain custody. Sometimes these disputes cross international borders, and one...

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Child support enforcement gets helping hand from government

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Friday, February 17, 2012.

In Texas and elsewhere, a non-custodial parent's failure to pay child support may lead to serious ramifications. These payments are necessary for the well-being and economic livelihood of the child, and so the state may choose to press criminal charges against those who fail to pay their required child support payments. Likewise, custodial parents may also pursue non-paying, non-custodial...

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Underwater mortgages complicate divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, February 8, 2012.

// Plummeting housing prices have been in the news for years in Texas and elsewhere. Some markets crashed earlier and deeper, but the depressed housing market has affected almost every state. As a result, many homeowners now owe more money than their homes are worth. Divorce is often complex, and this new trend is making property division even more complicated in many...

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Texas cop might be married to 2 women, faces bigamy charges

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, February 1, 2012.

// A Texas police officer has been placed on leave pending the results of an administrative investigation as well as a criminal probe. A staff attorney with the Houston Police Officer's Union has confirmed the inquiries concern allegations of bigamy. The 34-year-old homicide investigator was married in Texas for less than a year, yet it appears he remarried in another state less...

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Child custody and visitation issues during a divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Custody on Friday, January 27, 2012.

In our last post we discussed the fact that alimony is one of the most contentious issues that can arise in a divorce. Although alimony is often relegated to high net worth divorces or divorces involving longstanding marriages, a much more common issue to arise in many divorces is the issue of child custody. Children are often caught in the middle during a divorce and become a "pawn" for warring...

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Alimony in Texas

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Thursday, January 19, 2012.

// Alimony is one of the most misunderstood elements of Texas divorce law. Under the Texas Family Code, alimony is generally only available in marriages that are at least a decade long and a spouse seeking alimony must be generally unemployable due to lack of job skills, disability, or the need to care for a disabled child. Additionally, a finding must be made that there are...

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She without him: Zooey Deschanel files for divorce

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Friday, January 13, 2012.

One of the most recent celebrity divorces which may involve a complicated property division process is that of Zooey Deschanel and Ben Gibbard. Zooey Deschanel is the front woman of the indie pop band She & Him as well as a Golden Globe nominated actress that stars in the TV series New Girl. Ben Gibbard is the front man of the platinum-selling alternative rock band Death Cab for...

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Katy Perry rumored not to have a prenuptial agreement

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, January 4, 2012.

// Pop music fans in Dallas and around the world were shocked to hear about the divorce of Katy Perry and Russell Brand. What shocked many legal professionals are the current reports that the pop singer failed to sign a prenuptial agreement. A prenuptial agreement, also called a premarital agreement is like a business contract between soon-to-be spouses which outlines each...

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Mediation can be a good alternative to court

On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, December 28, 2011.

// On behalf of Loughmiller Higgins, Attorneys at Law posted in Divorce on Wednesday, December 28, 2011. When a divorce seems inevitable, many people cringe at the idea that their divorce could take months or years to complete, and they might have to wait for a court date to have a judge decide who gets what. Luckily, if you have a respectful relationship with your future...

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How parents can get the child support they are owed

On behalf of Loughmiller Higgins, Attorneys at Law posted in Child Support on Monday, December 19, 2011.

It may come as no surprise that child support payments sometimes don't get paid to those who it is owed. However, many people may not realize that actually less than half of the parents who are owed child support see the full payment. Some people receive a portion, and some receive nothing at all. According to Forbes, men are the most frequent child support violators. However, options do...

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Grandparents’ visitation rights in question

On behalf of Loughmiller Higgins, Attorneys at Law posted in Grandparents’ Rights on Monday, December 12, 2011.

// When young couples in Texas and across the country decide to have children, they often look to their own parents for guidance on how to raise their newborns. Grandparents often have years of experience and wisdom to pass down to a new generation in their family. The bond between grandparent and grandchild is one of utmost importance. This bond is one that will teach the child...

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