Areas of Practice
DIVORCE
CENTRAL TEXAS DIVORCE ATTORNEY
Divorce is a stressful thing, and under stressful circumstances, it can be difficult to make rational decisions. With a knowledgeable lawyer by your side, you can stay grounded and work toward the best possible outcome.
From property distribution to child custody, child support and alimony, attorney Shen M. Boasberg has the experience and legal know-how to aggressively represent you in all matters that may arise during your divorce. We also represent people in military divorces in Texas.
GET 20+ YEARS OF EXPERIENCE ON YOUR SIDE
At the Law Offices of Shane M. Boasberg, we understand what you are going through. We can protect your rights throughout the divorce process and make sure nothing is overlooked. .
ALIMONY Spousal support
In Texas, divorcees can petition for alimony or spousal support. Both alimony and spousal support are regular payments that a spouse makes to provide the other with support during or after a divorce proceeding. These amount of payments is based on the unique needs and earning potential of both spouses.
There are several differences between alimony and spousal support:
Alimony: The payment given to a spouse during the divorce proceeding as maintenance and a way to help a spouse get back on his or her feet financially. Alimony is also known as spousal maintenance in the state of Texas.
Spousal support: Regular, court-mandated payments that last after the divorce as a way to supplement a spouse's income or provide for him or her.
DO YOU QUALIFY FOR SPOUSAL MAINTENANCE?
The court can order spousal maintenance if the spouse who is seeking the payment will not have enough property at the time of the divorce to provide for his or her basic needs. Normally, the courts will consider alimony if one spouse was convicted of committing family violence against the other spouse during the marriage. Also, if the spouse seeking support is unable to earn income because of a disability, the court is normally generous with awarding spousal support.
Spouses can also qualify for support if they were married for ten years or longer and the spouse seeking support is unable to earn enough income to keep up the standard of living that he or she experienced prior to divorce. Also, if the spouse seeking support has custody of a child who has a physical disability, spousal support is common in addition to child support.
What the Court Considers when Awarding Support / Alimony
The court doesn't just award alimony to any spouse who requests it. The court understands that, sometimes, the paying spouse cannot handle the expense of spousal support and the payments may not be feasible.
For this reason, the court will typically look at a variety of factors, including:
The financial resources of each spouse at the time of the divorce
The length of the marriage
The age, employment history, earning ability, and physical and emotional health of the spouse
Child support obligations
Use of community property funds
Each spouse's education and employment skills
Any acts of adultery committed in the relationship
Any patterns of family violence
The property that each spouse brought to the marriage
Whether or not one spouse acted as a homemaker in the marriage
Whether the spouse seeking support contributed to the education or training of the other spouse
Paternity and suits affecting parent-child relations
What Can Affect The Parent-Child Relationship in Texas?
Having children and raising a family is a joy to most; however, certain circumstances can turn parenthood and child raising into a legal nightmare. When situations arise that leave questions as to who legally has parental rights or how a child should be raised, it is important to find family law attorneys who are experienced in lawsuits affecting parent-child relationships – also known as a Suit Affecting the Parent-Child Relationship or SAPCR lawsuit. For the benefit of the children involved, getting such problems resolved quickly and appropriately is best.
What Is a SAPCR Lawsuit?
An SAPCR lawsuit affecting the parent-child relationship is a legal action involving any questions regarding the legal relationship between a parent and a child. Family law attorneys say this can refer to parental rights based on various situations when parental rights are challenged or refused or also when there are disagreements about parental legal responsibility.
The Significance of Parental Rights
Experienced family law attorneys know that being a parent involves more than simply just being the biological mother or father of a child. It means having legal parental rights that allow them to make important decisions for minor children who are too young to make decisions on their own.
Adults with parental rights may not always be the birth parents. With the assistance of qualified family law attorneys, a step-parent or another adult who is responsible for the child can petition the court for reassignment of this position and be granted the legal right to make decisions on behalf of the child. The person with legal parental rights is responsible for many important decisions involving the child as well as for their care.
When Parental Rights Are Questioned
Biological parents normally assume parental rights when their child is born, each parent sharing that responsibility. Establishing parental rights can become a problem when: one parent is missing or location unknown; a couple may be divorcing before the child is born; or other similar circumstances. This is especially true when parentage must be verified, often because one parent or the other is demanding or refusing parental rights. Family law attorneys state that the ability to reassign parental rights depends on determining and established who currently has such rights.
As simple as it may seem, situations do arise between the parents of a child that make it something other than a SAPCR lawsuit, such as child custody cases resulting from a divorce. With the help of family law attorneys, these cases are typically heard before the court or determined through mediation and then approved by the court. The results will determine how parental rights are assigned. Sometimes unpleasant, these lawsuits may be necessary to legally determine parentage and establish parental rights. The arrangements can be modified as necessary and as allowed by the law. In the end, the courts consider what is most beneficial for the child or children involved, including establishing and/or assigning parental rights.
Parents involved in situations where their parental rights are being challenged should contact experienced family law attorneys with a good knowledge of and experience with SAPCR lawsuits. The proper legal assistance can help a parent get through these very confusing, and often emotional, cases with the most favorable results for all involved – especially the children.
CHILD SUPPORT
Do you have questions about child support in Texas? Whether you are preparing for a divorce or you were never married to your child's other parent at the Law Offices of Shane M. Boasberg, we can help you understand the Texas child support guidelines and let you know your options. we can assist you with both establishing and modifying child support orders. It is possible to obtain a child support modification only if a substantial change in financial circumstances can be shown.
In Texas, child support is calculated based on the family law code's statutory guidelines. The law uses several factors to determine the final amount of child support to be paid to the child or children's primary custodian, including:
The number of children
Net income of the non-custodial parent
Monthly health insurance expense and who pays for it
While it is difficult to deviate from these guidelines, a family law judge may award a child support amount higher or lower based on the needs of the child. For example, a child may require special medical care, education or other needs that should be taken into consideration. Additionally, our clients benefit from a law firm that practices in several areas, including criminal law. If you are late on your child support payments or you need help enforcing a child support order, we can represent you.
POST-JUDGMENT MODIFICATIONS FOR CHILD SUPPORT AND CUSTODY
Our team understands that family matters are sensitive, personal, and merit our full time and attention. As a parent facing a visitation conflict or change, you could probably use a helping hand and the stable, trustworthy counsel of an experienced attorney. That’s where the Law Office of Shane M. Boasberg comes in.
We provide all of our clients with personalized, face-to-face service, and we take the time to listen and understand your family dilemma. The court system may be jam-packed and slow-moving, but we are willing to work hard to make your visitation modification requests heard so that you can get the answers you need as soon as possible. If you are interested in modifying your visitation or child support agreement, contact The Law Offices of Shane M. Boasberg one of our right away.
Qualified domestic relations orders
As referenced in the “Division of Marital Assets” section, when divorcing spouses have assets in retirement plans, those funds are divided using a “qualified domestic relations order” (QDRO). This is a court order that recognizes someone other than the retirement plan beneficiary as an ‘alternate payee.’ This person is typically the other divorcing spouse, but can also be a child or other dependent of the divorcing party.
Domestic relations orders
A Texas family law court approves a property settlement agreement before it issues a domestic relations order. The term ‘qualified’ describes a form of ‘domestic relations order’ issued by a family law court. This is a court order or decree (including a property settlement) under Texas family law. Like other divisions of assets, it applies community property law to the provision of marital property rights for the benefit of a spouse (or former spouse, child, or other dependent of a party to the divorce.)
Texas Family law courts issue domestic relations orders to approve marital asset/property settlement agreements including retirement assets under Texas family law (as discussed in the ‘Division of Marital Assets’ blog.
QDROs
A spouse’s retirement plan can not follow the terms of a domestic relations order assigning retirement benefits unless it is a QDRO under federal employee benefits (ERISA) and tax law. A QDRO is a legal document separate from the divorce agreement, although it often accompanies a divorce decree or other divorce settlement agreement under a Family Court order. It gives the recipient, or “alternate payee” spouse the right to receive all or part of the benefits payable to the named beneficiary or payee spouse under his or her retirement plan.
Do’s and Don’ts of QDROs
A QDRO must include:
The name and last known mailing address of the participant and each alternate payee,
The name of each plan to which the order applies,
The dollar amount or percentage (or the method of determining the amount or percentage) of the benefit to be paid to the alternate payee, and
The number of payments or time period to which the order applies.
A QDRO must not require a retirement plan to:
Provide an alternate payee or participant with any type or form of benefit, or any option, not otherwise provided under the plan,
Provide for increased benefits (determined on the basis of actuarial value),
Pay benefits to an alternate payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO, or
Pay benefits to an alternate payee in the form of a qualified joint and survivor annuity for the lives of the alternate payee and his or her subsequent spouse
Attorneys know that QDROs can be complex documents. Our experienced Burleson divorce attorneys are ready to answer your questions about QDROs and prepare a QDRO to meet your individual divorce needs. To learn more about how use a QDRO to divide retirement assets in your divorce contact a knowledgeable divorce lawyer at Lovelace Law today.
CHILD CUSTODY AND VISITATION
Part of the divorce process for couples with children involves determining child custody. Splitting up time between your children can be one of the most difficult decisions to make. To have a better outcome, it is important to understand the types of child custody available. If you are going through a divorce and are concerned about your custody options, The Law Offices of Shane M. Boasberg can assist you in achieving your goals.
SOLE CUSTODY
When a parent is awarded sole custody of their children, it means they are the only parent with the legal right to make decisions about the children. Such decisions could include medical treatments, which school he or she attends, and which after-school activities to attend. A parent with sole custody has the child living with them full-time, thus they are able to make decisions about their child’s everyday needs.
JOINT CUSTODY
Parents could choose a few options that fall under the umbrella of joint custody.
Joint Physical Custody: in this option, your children will have two residences where they spend at least 35% of their time with each parent.
Joint Legal Custody: when parents decide they would like joint legal custody, the children have one primary residence but both parents have legal right to share such decisions as medical treatments, religious upbringing and schools the children attend.
Other Combinations: ultimately, as parents you decide what works for you, meaning you can choose any combination of the above options of shared physical or shared joint custody.
HOW COURTS AWARD CUSTODY
When determining custody the courts look very closely at each parent and their ability to raise their children separately. If one parent is attempting to win sole custody of the children and another is contesting the motion, one parent must prove the other is unfit for parenthood. If both parents are collaborating through the process and request to have joint custody, the courts will scrutinize this request thoroughly as both parents need to be willing to work together and communicate to effectively have joint custody.
DIVISION OF PROPERTY—MARITAL ASSETS AND DEBT
Equitable Distribution Laws in TX
Equitable distribution is also known as property division. This is the process of separating and differentiating one’s assets from the spouse’s when going through the divorce process. If you are seeking assistance in determining equitable distribution in your case, please do not hesitate to call the Law Offices of Shane M. Boasberg.
WHAT DOES EQUITABLE DISTRIBUTION MEAN?
Equitable distribution does not necessarily mean that both spouses will share their assets 50/50 after they have divorced. Rather, the courts will decide what is fair for each spouse and what will not leave one or the other at a disadvantage. For example, one of the issues that couples tend to argue most is about the marital home—to whom does it belong? Other questions will arise, such as who will pay for any remaining debts?
Marital property can run a broad range of matters, such as:
Real estate
Bank accounts
Business expenses
Automobiles
Furniture
Debt
Keep in mind that all separate property is not included in equitable distribution matters. Separate property includes any possessions or items that were given prior to the marriage, such as gifts or inheritances. So, let’s say that you bought and maintained the home with assets that remained separate throughout the marriage, the home would belong to you.
To protect your assets from being subject to equitable distribution, you should first consult the Law Offices of Shane M. Boasberg with more than 20 years of experience helping families overcome nearly every challenge imaginable. We will examine every aspect of your case to help you work through what must one of the most difficult challenges you might ever have to face. The Law Offices of Shane M. Boasberg is committed to seeing your needs met and getting you the satisfaction that is most favorable.
DOMESTIC Violence-Protective Orders in Texas
Generally, protective orders are sought against people who are related by consanguinity (blood, including by adoption), affinity (marriage, so in-laws are included), members of the same household, regardless of whether or not they are related to each other, and by a party who is in or has had a dating relationship with the applicant. Divorced couples are still considered to be related. A protective order case is a civil case under the Texas Family Code.
In order for a Court to issue a protective order, the Court has to find that family violence has occurred, and that family violence is likely to occur again in the future. Texas Family Code Section 85.001(a).
According to Texas Family Code, “Family Violence” is defined as:
(1) An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) Abuse by a member of a family or household toward a child of the family or household; or
(3) Dating violence.
The parties, instead of proceeding with a hearing, can agree to the issuance of a protective order without an explicit finding by the Court that family violence has occurred, as would be required for the issuance of a protective order were a hearing to be held. An attorney should always be consulted before agreeing to such an order.
Protective orders usually require the respondent, or the person against whom a protective order is sought, to stay away from the applicant, and sometimes also to stay away from children of the applicant. Protective orders also prohibit the possession of a firearm unless a person is a peace officer as defined in Section 1.07 of the Texas Penal Code. A fuller list of the requirements a protective order imposes upon the respondent, or the party against whom the protective order is issued, can be found in Texas Family Code Section 85.022.
WHY YOU NEED A LAWYER IN A PROTECTIVE ORDER CASE
While the law regarding protective orders is well intentioned, in our practice we have also seen applications for protective orders brought in bad faith by persons attempting to obtain an advantage in divorce or custody proceedings, or by persons trying to use the court system as a means of retaliation. In several cases, we have seen protective order applicants try to obtain an order to get our client ejected from the family home. In at least one case it was so the applicant could get our client removed from the family home so that the applicant could move in her boyfriend. Other cases have been used to get quick possession of the children and a child support order before the main custody fight. Protective order cases have also been abused by some undocumented immigrants to obtain legal status to remain in the United States as alleged victims of domestic violence under the Violence Against Women Act (VAWA). The Act shields alleged domestic violence victims from deportation if they pursue a protective order or criminal case against their alleged abuser whether they win the case or not.
Also, a violation of a protective order is a criminal offense under Texas Penal Code Section 25.07. So if a protective order has been issued against you, any complaint to law enforcement that you violated the order can result in your arrest, detention, having to post bond, and having to go through a criminal case. Violation of a protective order is usually a Class “A” misdemeanor punishable by up to one (1) year in prison, but can sometimes be charged as a felony. Hence, the issuance of a protective order, depending on the circumstances, might make a person vulnerable to false allegations of violations of a protective order and to criminal prosecution if he or she is the subject of a vendetta.
If you are already facing criminal charges related to the incident giving rise to the application of for a protective order, it is important to have an attorney to negotiate on your behalf or to defend you to prevent the protective order proceedings from being used against you in the criminal case.
If you are not a citizen of the United States, you also need to take extra precautions in protective order proceedings to try to avoid any finding of family violence that would impact the often simultaneous criminal charge of Assault Family Violence that comes with a protective order case, as a conviction for Assault Family Violence is a deportable offense. Because of the potential consequences under family, criminal and immigration law, and because persons sued for a protective order are not provided free counsel, you should always retain an attorney before appearing at your first protective order hearing. The lawyer bringing the protective order case will try to: 1) pressure you to agree to a protective order at the very first hearing, and 2) pressure you to waive or give up your right to appeal or undo the order before you lawyer up.
HOW PROTECTIVE ORDER PROCEEDINGS DIFFER FROM OTHER TYPES OF CASES
In almost all civil and criminal proceedings you are entitled to know the allegations against you before you go to court. That knowledge is important to have so that you can adequately defend yourself. However, the Texas Family Code does not require the applicant or the applicant’s attorney to tell you what you are accused of in a protective order case. (There is an exception for Temporary Ex-Parte Protective Orders, which will be discussed below). The Texas Family Code requires protective order cases to move quickly, so if you are served with an Application for Protective Order it is important that your lawyer move quickly to establish your defense. For example, our firm, in cases such as these, will search public databases and issue subpoenas to law enforcement for information regarding the applicant and our client which assists us in ascertaining what the allegations will be, and how we can best defend our client against them.
TEMPORARY EX-PARTE PROTECTIVE ORDERS
Temporary Ex-Parte Protective Orders are protective orders that are issued without the respondent’s knowledge, before the respondent is served, usually ejecting a respondent from the household. For a Temporary Ex-Parte Protective Order to be issued the Family Code requires that the application “contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order” and “be signed by each applicant under oath that the facts and circumstances contained are true to the best knowledge and belief of each applicant.” Texas Family Code Section 82.009.
When you are served with a Temporary Ex Parte Order, Texas Family Code Section 83.004 provides that you can Motion to Vacate the Order. Our office has done this successfully, leading to the dismissal of an application for protective order.
OPTIONS IF A PROTECTIVE ORDER HAS ALREADY BEEN ISSUED
If a protective order is issued against you, the applicant for that order cannot legally authorize you to violate the order. The violation of the order is considered a criminal offense, even where the applicant says he or she no longer wants the order enforced against you.
MODIFICATION
The modification of a protective order is possible under the Texas Family Code. Texas Family Code Section 87.001 provides that if a protective order has been issued, “On the motion of any party, the court, after notice and hearing, may modify an existing protective order to: (1) exclude any item included in the order; or (2) include any item that could have been included in the order.”
EARLY TERMINATION OF PROTECTIVE ORDER
The Texas Family Code provides that the subject of a protective order, after one year has passed, can ask the court to determine whether there is a continuing need for the protective order, and if no continuing need is found, can allow it to expire early.
Specifically, the code states “ A person who is the subject of a protective order may file a motion not earlier than the first anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order. “ Texas Family Code Section 85.025(
