Comments for Houston Divorce Lawyer Blog

Comment on Relocation Cases by Scott

Scott — Tue, 29 Jul 2008 21:04:59 +0000

Danielle, this is another one of those situations where your sister needs a good family law attorney to review her Decree and get detailed information so she can get some good advice. Geographical restrictions are tricky and an area where the law keeps evolving, so she really needs someone good to properly advise her.

Comment on Relocation Cases by danielle

danielle — Tue, 29 Jul 2008 15:06:15 +0000

My sister’s divorce decree states that if her ex misses two periods of visitation in any calendar year, that the geographic restriction “is lifted” in that exact language. Since this special provision is unique, we feel that a motion to modify was not necessary for her to request permission to leave the state after he did miss (he also admitted to missing more than two visitations during the motion to modify trial). Is she wrong to assume that this special provision allows for automatic permission once the admission was made that he missed? She is very afraid to leave the state and be pulled back because “is lifted” does not actually mean “is lifted.” Help! Thanks.

Comment on Relocation Cases by Robert

Robert — Sun, 20 Jul 2008 02:06:34 +0000

Hello I m running into this issue with my ex in collin county, we have gone to court spet and in march and are now scheduled to go again in aug due to her asking to lift the current restrictions she has to live in collin county etc,,, she wants to lift the restrictin and move to CA,,,,she laims for work yet I know it is not, she works from home and we work for the same company… how do i put an end to going to court every 4 mnths, its getting old… and hurting the kids,,,

Comment on Relocation Cases by Scott

Scott — Wed, 02 Jul 2008 18:41:00 +0000

James, I usually try to avoid giving the standard response of, “you need to talk to a lawyer” about the specifics of your situation and the language of your order. In your case though I think it is good advice. The specific language of the court order is crucial in evaluating your situation and no attorney could really help you without first doing that.

Comment on Relocation Cases by James

James — Wed, 02 Jul 2008 17:56:42 +0000

Hi, a question that I am going thru now, I have custody of my 2 year, my ex does have alot of time with her, but I need to move a little over 100 miles away to get a better job. My divorce states that as long as I stay within 100 miles that I can move wherever, now the move I want to make is 125 miles away, does that make a difference since it is such a small number of miles over the allowable limit? Can my ex keep me from moving, can he go to the court and get custody of my child because of a move to another city? Typically how long of a fight can I expect were it to go to that point. Thanks for your help. James

Comment on Divorce Cost by Kelly Chang Rickert

Kelly Chang Rickert — Fri, 20 Jun 2008 23:57:57 +0000

Scott~ Thank you for taking the time to read my blog and to comment on it. I really appreciate it. I have added your link to my blog - thank you so much again! And please let me know if you ever have any questions on California law. Have a great day and say hello to your kids! (We are expecting our first in September!)

Comment on Child Support Guideline Cap Raised by Scott

Scott — Mon, 09 Jun 2008 20:11:53 +0000

Henry, the statute calls for the court to calculate the payor’s monthly “net resources” which is basically your gross pay minus certain specific deductions -

(1) social security taxes;
(2) federal income tax based on the tax rate for a single person claiming one personal exemption and the standard deduction;
(3) state income tax;
(4) union dues; and
(5) expenses for health insurance coverage for the obligor’s child.

Notice that the statute does not allow you to calculate it based on your actual deductions (ie, 401k, total health insurance, actual withholding tax amount, etc.) but only using the specific listed deductions. There is actually a chart that family law attorneys typically use to calculate the amount.

Comment on Child Support Guideline Cap Raised by Henry Mata

Henry Mata — Mon, 09 Jun 2008 19:36:03 +0000

is this first $7500/ month cap based on the net salary after all taxes, insurances, deductions from your paycheck? for example if your gross monthly pay is $9200 (annual $110400/year) but after all taxes and deductions end up with only $6100/ month take home money. Will still the cap be the same 20% or $7500/month

Comment on Relocation Cases by Scott

Scott — Tue, 03 Jun 2008 21:03:33 +0000

Steve, thanks for the clarification.

Comment on Relocation Cases by Steve

Steve — Tue, 03 Jun 2008 14:21:03 +0000

Thanks for the link, Scott. Technically the Nevada statute is silent on the factors. The factors are derived from case law.

Interestingly, I was a resident of Texas for 5 years before moving to Nevada. In hindsight, it would have been much better divorcing in Texas.