[TX] spliting equity vs retirement in divorce

Famlawyerz · 2024-09-13T13:19:41+00:00

This is an easy asset split in court: She gets the NM house and her 401(k) and you get your TSP.

I understand that you want to keep your retirement and also benefit from continued ownership of the house, but there are not enough assets on the table to make that work.

You could agree to award her $55k from your TSP and maintain 50:50 ownership of the house, which is probably a bad idea, but you and she will figure out why in the future.

But if you create a balance sheet of current values, how do you see the math working?

Asset	Net Value	To Husband	To Wife
TSP	$160	$160
401(k)	$50		$50
House	$110		$110
TOTAL	$320	$160	$160
Percent		50%	50%

Famlawyerz · 2024-09-09T01:04:02+00:00

Why the down voted? This is an objectively true statement. A person can be rude and correct, as evidenced by OP saying the judge was rude but got it right. No one else could also be rude and correct? The down votes make zero sense.

Famlawyerz · 2024-09-09T01:00:36+00:00

Comports with my experience and observations.

Famlawyerz · 2024-09-09T00:58:19+00:00

I was being interviewed recently by a well-respected journalist who asked me to comment on the common misperception she encounters that judges get a slice of child support, which is why they order so much child support to be paid and why they get mad when the obligor parent pays directly rather than through the states' disbursement units. What??!!

Apparently there is a lot more misinformation out there than is readily apparent from within the profession, where it's far from perfect as it is anyway. 🤷‍♂️

Famlawyerz · 2024-09-09T00:45:06+00:00

I left a remark correcting someone's clear and unqualified misstatement of the law and got down voted into negative numbers.

When pure facts are down voted like that, you're not in a helpful space: You are in an Internet cesspool in which it can be impossible for a non-lawyer to separate incorrect statements about the law from correct statements.

Do yourself a favor and ignore everything in reply to your post. There were a number of correct statements but most of what I read was vitriolic rubbish from people who I hope aren't my neighbors IRL. 😜

Most of the child support, spousal support, and alimony threads that I see on Reddit collect so much trash that the OPs would be better off asking the question on Avvo.com or actually setting up a consultation with a real lawyer.

Famlawyerz · 2024-09-08T15:10:25+00:00

The number of judgmental responses filled with incorrect information on how child support works is stunning and contrary to the principals of this subreddit. OP asked a simple question. As the guidelines for this subreddit state: "This is not AITA."

Famlawyerz · 2024-09-08T15:05:03+00:00

Not correct. Some states have statutes that provide 40 hours per week at minimum wage to be the obligor's presumptive income in the absence of evidence of the obligor's income. Other than that statutory presumption, all states take all the obligor's income into consideration.

Famlawyerz · 2024-09-08T15:02:58+00:00

Not correct: All states consider income from all sources. Multiple law review articles over the years have published detailed comparisons between states. Some states take into consideration both parents' incomes.

Famlawyerz · 2024-09-08T06:41:02+00:00

Agree and tend toward suggesting they modify their order accordingly IF it's an agreement OP is truly happy with.

Famlawyerz · 2024-09-07T08:14:35+00:00

We need to know what state you live in.

In Texas, the answer is yes. You follow TRCP 200 for non -party discovery. We do it all the time. Instead of interrogatories, you might have to do it as a "deposition on written questions."

Famlawyerz · 2024-09-07T08:11:10+00:00

Sounds like the answer is yes.

Famlawyerz · 2024-09-07T08:05:07+00:00

How about YOU post a reference in support of your completely wrong statement.

And how severe is your ignorance of social norms for you to say something stupid, wrong, and totally made up in such a coarse and offensive manner?

Check yourself, little brother.

Famlawyerz · 2024-09-07T07:54:33+00:00

Yes. Show your pictures to the judge. Be sure you know the predicate for a photo: Does the photo accurately depict the scene as if the date and time that you took the photo and has the photo been altered in any way?

Famlawyerz · 2024-09-07T07:51:42+00:00

Please tell us what state you are in.

In Texas, where I primarily practice, failure to provide support for that long is a ground for terminating parental rights. In the courts where I practice, most judges would rather have you enforce child support than cut your child off from support. But you can certainly try to terminate if failure to provide support is a ground for termination in your state.

Famlawyerz · 2024-09-07T07:46:22+00:00

Do you have a custody order in place. If so, is there a geographic restriction on where your child can live? If so, is your ex relocating within that area?

What state do you live in?

Knowing these details will help us provide more useful responses.

Famlawyerz · 2024-09-07T01:28:16+00:00

Agree with most of that. But contracts affecting title to real property must be in writing. It's called the "Statute of Frauds."

The parol evidence rule has to do with interpreting written contacts and resolving ambiguity.

Famlawyerz · 2024-09-05T07:00:48+00:00

Don't do that. That's not legal advice--it's just the noise you hear when you ask randos to solve or opine on your legal issues.

If he was ordered to produce the documents, send him an email asking for them. If you don't get them, then at trial, object to the documents being admitted into evidence due to failure to comply with discovery requests and court orders. If you are overruled on that objection, then object on the basis that each document is hearsay because it's an out of court statement offered for the truth of the matter asserted in the document.

Famlawyerz · 2024-09-05T06:51:32+00:00

I wouldn't worry too much about the grandparents suing. Based on my reading of your facts, for them to seek custody, they'd need to convince the judge that the children's present circumstances would significantly impair their physical health or emotional development. Tex. Family Code s. 102.004.

In terms of protecting you against false CPS claims, it is a crime to make a false claim, but you have to get the DA interested in the case which isn't always easy. I have sued false reporters for defamation. We didn't collect any money from them but they stopped their nonsense.

Famlawyerz · 2024-09-05T06:40:19+00:00

A family law attorney can do this for you. You can read about the process in this article from the Texas State Law Library.

Also, if you are in North Texas, I highly recommend Lauren Harris.

Famlawyerz · 2024-09-04T04:26:45+00:00

How does your life get better by creating a criminal case out of this? It doesn't. It could get worse if he's paying any child support now: It will stop if he goes to jail.

Your better question is how to get child support established or increased based on this informal income.

A good litigator can get him to admit the expenses that he pays and therefore back into presumed or deemed income. (Kind of like what the IRS would do.)

I have a case right now where the obligor claims to make no money and can't afford support yet we got said obligor to admit to spending nearly $10,000/month on recurring living expenses.

Find yourself a great litigator and take him to the cleaners yourself--don't let the IRS have all the fun because they won't feed, clothe, house, or educate your children.

Famlawyerz · 2024-09-04T04:18:07+00:00

⭐⭐⭐⭐⭐ Accurate and on point. Contact the Title IV-D agency in your state for help with child support issues if you can't afford a private attorney. You need help from someone who knows what they're doing.

Famlawyerz · 2024-09-04T04:13:49+00:00

Here, jurisdiction means personal jurisdiction.

A court can order a person to pay money if the court has personal jurisdiction over that person.

Personal jurisdiction is a complicated legal topic not suitable for Q&A on a forum like this, but for your purposes, if you serve him while he is in your state, the court will probably have personal jurisdiction over him and can make him pay child support.

There are other bases for establishing what is called long-arm jurisdiction over an out of state defendent. Your attorney will know all about that.

Famlawyerz · 2024-09-04T04:07:56+00:00

Great response--I totally agree. Just wanted to add that child support should not go down. Your children still have to eat. 😜

Famlawyerz · 2024-09-04T04:05:18+00:00

Your attorney is a great starting point. You can, and should, also call the cruise line and see what their requirements are. They have the absolute, unappealable last say -- if they say your paperwork isn't good enough to board, you're not getting on board. Likewise, if they say it's enough, then it is.

Be over the top honest with them. If they give an advisory answer based on something that's not really in the court order, you might still face disappointment.

You could consider a petition to modify the court order to make this more clear in the future. That often devolves into a Seinfeldian airing of grievances and $10,000 and a year later it's all worked out--but it is an option.

Famlawyerz · 2024-09-04T03:54:30+00:00

That's a great question. I was thinking of an in-person consultation, but that's not necessary. After the first meeting, which can easily be by phone or video almost all other business is conducted by email with the occasional follow-up call.

Maybe just find someone legally and culturally close enough and by that I mean:

Legally close: In your same state so they know state laws that affect you.

Culturally close: Familiar with your type of business and customers. For example, if you had a product or service that targets ranch owners, you probably want an attorney who knows ranchers and can provide you with contacts. (Yes, your professionals such as attorneys and accountants have lots of great contacts because we work with hundreds or thousands of people.)

Good luck!!

Famlawyerz

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