Rosales Law Firm
Get Legal Advice Today : 915-219-5516

El Paso Legal Blog

Withholding visitation could end up punishing the child

It can be difficult when one parent doesn't make child support payments on time. If there's enough anger and resentment, then the custodial parent could feel like withholding visitation from the late payor. However, this decision might put the custodial parent in a negative light if the exes go to a Texas court about the child support payments or visitation in the future.

The issues of paying child support and setting a schedule for visitation are often seen as two different components regarding parenting. Child support isn't considered a pass to see a child. Children should be able to visit with both parents whether child support is paid or not. It wouldn't make sense for the kid to be punished because of the parent's actions. However, both parents should financially support the child in the relationship. Even if the noncustodial parent decides not to seek a relationship with the child, it doesn't mean that they can get by without providing financial support.

Texas woman accused of forgery and drug possession

Suspicions over the authenticity of a $50 bill led to forgery and drug possession charges for a 32-year-old Texas woman, according to a report from the Henderson County Sheriff's Office. The woman was taken into custody near Chandler just after midnight on Jan. 6 and transported to a local detention facility. Her bond has been set at $4,000.

Workers at a local pizza restaurant called 911 shortly before closing after noticing an odd looking $50 dollar bill. The workers gave the responding deputy a description of both the woman who had handed them the bill and the U-Haul truck she had been driving. The deputy says that hearing this description prompted him to recall a parked U-Haul truck he had noticed while driving to the store.

How divorce can affect retirement funds

When Texas couples decide to divorce, they may be especially concerned about the division of their retirement funds. After all, these accounts may be their largest assets, and they may take years to accumulate to their current form. According to a survey of divorce lawyers, retirement accounts are among the three most contentious issues for separating couples. The other top two issues are also financial in nature -- alimony and business division.

As difficult as it can be to reach an agreement on how to divide a retirement account in the property division process, these are not the only concerns to keep in mind. Both spouses could wind up facing significant fees, penalties or unnecessary taxes if they fail to follow proper procedures for dividing a retirement account. Unlike other types of accounts, 401(k)s and other workplace funds such as pension plans cannot be distributed simply by relying on language in the divorce decree. Instead, a specialized court order known as a qualified domestic relations order (QDRO) must be issued by the court for each retirement account that needs to be divided.

The steps that follow a DUI arrest

When Texas drivers get behind the wheel while under the influence of alcohol or drugs, they are likely not thinking that they will get pulled over, charged, or arrested. When they see the flashing lights of a police officer in their rear view mirror, they may wonder what will happen after they get their first DUI.

Getting accused of driving while under the influence is not pleasant. In most cases, a person can expect to be arrested and serve some jail time. The amount of time one will stay in jail varies depending on the judge and other circumstances surrounding their arrest. In some cases, all that is required is for an individual to post bail. This, of course, is pending on the fact that they are no longer under the influence of drugs or alcohol.

The flaws in police lineups

A criminal charge for a felony or violent crime can be a terrifying thing to face. A conviction that leads to a prison sentence may mean years of isolation, intimidation, fear for your safety, and separation from your family and all that is familiar to you. Perhaps the most upsetting factor is that a supposed eyewitness picked you out of a police lineup.

In a recent study, researchers found that about 71 percent of wrongful convictions resulted from eyewitnesses picking the wrong person from a lineup. While about half of the states in the country, including Texas, have introduced new protocols for handling police lineups, not every agency in every state follows these new guidelines for preventing false accusations.

Eliminating or alleviating debt can save marriages

After communication breakdown and infidelity, financial issues are often cited as being among the main causes of marital strife. Many couples in Texas face financial challenges before they get married, and this often turns into a recipe for disaster after they tie the knot. Once spouses start getting into disputes about financial hardships related to debt, divorce could be around the corner.

The emotional stress of being deeply debt is difficult enough for one person to deal with; once it starts to affect married life, it could spell the end of a relationship. The problem with high levels of debt is that they exacerbate common fears of the unknown. No one, not even banks that issue credit cards and loans, knows for certain that debt will be easily repaid. The debt repayment industry does not help in this regard; notifications about late payments and phone calls from debt collection agencies can worsen relationships that are already strained.

Kinds of child support cases

Parents in Texas who have to receive or pay child support may find that how the payments are handled can be confusing. This is likely because there are four distinct kinds of child support cases. In order for parent to fully understand child support payments, they should be aware of what type of case they have.

The four types of child support cases include IV-D, IV-A, IV-E and non-IV-D. The IV designation in the name of the cases comes from the Title IV of the Social Security Act of 1975, the legislation that regulates the grants given to states so that certain aid and services can be provided to needy families with children.

Police use stun gun to subdue alleged drunk driver at toy event

On Dec. 3, Texas authorities used a stun gun to subdue a suspected drunk driver during a holiday toy drive. The incident occurred at approximately 5:35 p.m. in Southlake.

According to local media reports, the defendant drove his white Mercedes into the drop-off zone of a Toys for Tots event run by the U.S. Marine Corps, Southlake Public Safety officers and local volunteers. However, when officers spoke with him, they noticed that there was an "overwhelming" smell of alcohol on his breath. They asked him to pull over, but he did not comply. Instead, he drove the wrong way into a one-way area where volunteers were gathering the donated toys.

How do I handle this military divorce?

Divorce is rarely easy, but for military families in Texas, the process can be even more difficult. As an active duty service member, you understand that your obligations to the military may play a role in the divorce proceedings, affecting the outcome of everything from asset division to child custody. However, these effects do not have to be negative ones.

Like with all divorces, you can work towards securing the most agreeable outcome possible by maintaining a careful attention to detail. This includes understanding that residency affects where you can file, your military benefits and more.

What to do if one parent is jeopardizing a child's safety

Texas parents who are concerned about their child's safety with the other parent during a divorce may not always have an easy time convincing a court that the other parent's access to the child should be blocked. One man, who said he had always been his 7-year-old son's main caregiver, was worried that his wife would drink and drive with the child in the car. He was also concerned about the fact that their son was with her and that she had cut off contact.

Parents who want to keep the other parent away from the child for safety reasons may encounter a few obstacles. They might need to present some evidence to the court, such as a police record, to show that there is a problem. However, even demonstrating alcohol abuse may not be sufficient. One father drank nightly, but a court ruled that this did not prove he drank when he had the children with him and that he could still have access to them.

1400 Montana Avenue
El Paso, TX 79902

Toll Free: 888-352-0467
Phone: 915-219-5516
Fax: 915-542-0878
Map & Directions