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Recent blog posts

What is a temporary child custody order?

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Divorce and child custody orders can take a long time to finalize in court. In fact, some child custody cases go on for years before reaching a final decision.

If you and your spouse can agree on a child custody agreement while your divorce is pending, that will make things much easier for everyone involved. If that is not an option, however, you may want to file for a temporary custody order (TCO) instead.

How can a TCO help me?

A TCO can offer benefits such as child support or spousal payments while you wait for the courts to finalize your case. According to the Texas Family Code, a judge can award any of the following items under a TCO:

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Dealing with your 401(k) in your divorce

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Like most people in Texas, you likely believe yourself to be completely prepared heading into your divorce proceedings, And, again like most (including many of those we here at the Law Office of Brian Bagley work with), there will inevitably be some aspects of your case that catch you completely by surprise.

The fact that your 401(k) is subject to property division likely falls among those surprises. Given that contributions to that account made during your marriage come from marital income, it thus makes sense that the court views them as marital assets. Once you understand this point, your thoughts no doubt turn to the handling of your account during property division proceedings.

Understanding the role of a QDRO

In most divorce cases, the court issues a Qualified Domestic Relations Order. This order authorizes your 401(k) plan sponsor to make a distribution to an alternate payee (your ex-spouse, in this particular situation). With a QDRO in place, your plan sponsor can then divide your account in two, with you and your ex-spouse retaining management control over your respective accounts.

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Modifying child support in Texas

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When you pay child support in Texas and lose your job or experience other circumstances that have a big impact on your life, you may seek to have your child support order undergo modification. If you are currently receiving child support and your child’s needs have changed, you may also want to request a child support review. 

Whatever side of the coin you fall on, the Attorney General of Texas reports that the process involved in requesting a child support review remains the same. 

Assessing eligibility

The first step in the process involves finding out whether you are eligible for a child support order modification. You may be able to have your order modified if it first took effect more than three years ago and the amount of it differs by either 20% or $100 based on what today’s child support guidelines would dictate. 

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4 tips on co-parenting during the holidays

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As a parent, the holiday season already brings on multiple stressors: get-togethers, travel, budgeting, meal planning and religious practices. Through all of this, your child is home from school and you will have to balance co-parenting with your ex-partner.

The holiday stressors often overburden many, but taking steps to avoid upcoming triggers may serve you and your child well.

1. Write down your child’s wishes.

Ask your child what is the most meaningful and important part of the season for him or her. Work towards these hopes as you make your holiday plans.

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When should you tell your child about your divorce?

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Texas parents like you want what is best for your child in any situation. This is especially true in trying times. Divorce is no exception, even if you and your co-parent start the difficulties.

As such, you want to know as much as possible about tackling subject of divorce. You can start by deciding when to tell your child.

Tell them early

Psychology Today discusses the difficult topic of broaching divorce with your kids. They emphasize the fact that every child is different. They will all take the news in a unique way based on their age, personality and maturity level. You cannot predict or control your child's reaction. You can only make your best assumptions and work from there.

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