Houston Family Law and Divorce eNewsletters

What Are Some Tips on Transferring Assets to Your Minor Children

In many cases, it makes sense for a parent/taxpayer to start transferring his wealth to his children well before the end of his own life expectancy and even before his children have reached their majority. There are two primary advantages to making such transfers. The first advantage is that of estate tax savings. When assets are transferred by the taxpayer and he retains no control over their ultimate disposition, they will not be included in the taxpayer’s estate for federal estate tax purposes upon his death. Also, any appreciation in the value of the assets following their transfer would not be included in the taxpayer’s estate. The second advantage to making transfers of assets to the next generation at a relatively early point in the taxpayer’s life is the nontax advantage of securing the inheritance of the taxpayer’s descendants and safeguarding resources that can be used for their present needs, such as education. The taxpayer can retain...

How can same sex couples obtain many of the benefits of marriage in Texas?

By: Stacy Cash and John K. Grubb John K. Grubb & Associates 4600 Post Oak Place, Suite 301 Houston, Texas 77027 www.johnkgrubb.com www.houstonpremarital.com   The word "marr" can be traced from "Latin maritus: husband and 'matrimony' from Latin mater: mother." 1 Also incorporated into our concept of marriage is the word "wedlock" which derives from an Old English term wedlac, meaning "pledge". Ancient societies arranged marriage for economic purposes and to ensure knowledge of paternity. Seldomly was marriage entered for romantic purposes. Though motivations for marriage differ throughout history, one thing remains; marriage today is a social...

Texas Spousal and Child Support Laws After Remarriage

Recent legislation was passed that increased the amount of child support that a non-custodial parent now has to pay in the state of Texas. Now, the non-custodial parent has to pay up to a percentage of all of his resources up to $7,500 per month rather than the previous $6,000. The percentage paid of this amount by the non-custodial parent has remained the same at 20 percent for one child, 25 for two children, 30 percent for three children, 35 percent for four children and 40 percent for five children. In order to obtain more child support if the non-custodial parent of your children is making more than $6,000 a month, contact a Houston divorce attorney for a modification of the original child support order with the court. Child Support After Remarriage The amount of child support should not change after a spouse remarries as child support is calculated based on the non-custodial parent’s income and not on the household income of the custodial spouse....

How Do the Child Custody Laws Affect Moving Out of State

One of the most difficult issues for divorced parents is what to do when the custodial parent has the opportunity to relocate out of state. Frequently, the noncustodial parent opposes the move because it means reduced time with the children and added expense and inconvenience in communicating with or seeing them. Illinois courts presume that the involvement of both parents in their children’s lives is in the best interests of the children. The courts also hold that a noncustodial parent should not lose all of his or her rights and privileges as a parent simply because he or she does not retain custody. When the issue of an out-of-state move does arise, courts consider the best interests of the child first. This determination is made by examining the individual circumstances of each case. Courts look at the following factors in determining whether removal from the state will be in the child’s best interests: (1) the likelihood that the proposed move will enhance...