Child Support Enforcement When the Paying Parent Resides Out of State

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There are times when a non-custodial parent does not comply with a court order to pay child support. Collection may be difficult when the paying parent has moved out-of-state. All states have now enacted some form of the Uniform Interstate Child Support Act (UIFSA) which establishes procedures to be followed for enforcing child support orders across state lines.

All states also have a Child Support Enforcement (CSE) agency. The enforcement process begins with the custodial parent sending the child support order to the Central Registry of the CSE agency. There, the order is verified and reviewed to be sure all relevant information has been provided. It is then sent to the local court in the jurisdiction where the noncustodial parent lives and enforcement procedures are initiated.

The UIFSA acts in a similar fashion to the Full Faith and Credit Clause of the U.S. Constitution. This means that the law of the jurisdiction which issued the child support order must be followed by the state where the non-custodial parent lives.

If the non-custodial parent does not pay, any collection procedure available in the state that ordered support will be enforced by the out-of-state court. This includes wage garnishment if the employer can be located. Personal property, like cars and jewelry, can be seized and liens can be placed on real estate owned by the noncustodial parent. If the parent misses child support payments, this will also be reported to credit bureaus.

There are other provisions to the UIFSA that may help custodial parents collect support and nuances that may assist noncustodial parents with modification of support orders if there has been a change of circumstances.

Experienced child support enforcement attorneys who are familiar with the UIFSA requirements can assist either a custodial or noncustodial parent with child support issues.

Resources URL – http://www.waltersgilbreath.com/family-law/child-custody/child-support/

Valuing a Business for Division as a Marital Asset

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Property division during a divorce is always a hot button issue. It becomes even more complex when the primary income for the family comes from a business. The business is generally considered property that must be divided whether the business is a retail store or a professional practice.

The division can be handled in several ways. For example, one party can purchase the interest of the other or the business can be sold and the profits divided. In order to determine the share each person has in the business, the monetary value of it must be determined. This is not an easy thing to do and almost always requires the assistance of a business appraiser.

Factors an appraiser considers in valuing the business

The appraiser will review tax returns and financial statements relative to the business. In some cases, the parties each hire their own appraiser. There are three major methods for determining the value depending on the nature of the business:

• Market value: This is the expected price a willing buyer would pay for the business if it was listed for sale to the public.
• Income approach: The value is based on the business profits and projections for its future income based on the review of historical data.
• Assets approach: All tangible and intangible assets are tallied up and divided between the spouses. This includes placing a value on goodwill.

What is Goodwill?

There are two types of goodwill: personal and enterprise. In Texas, courts generally do not consider personal goodwill as marital property, however enterprise good will is. Personal goodwill is when the success of the business is primarily attributable to the efforts of one party. Enterprise good will is attributable to the ability of the business to survive even if the business owners were to leave the business. Find out everything you need to know about Property Division.

Source page- http://www.waltersgilbreath.com/strategy/valuing-business-division-marital-asset/

How does a judge or jury decide who gets custody?

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Often clients are most concerned about how a judge is going to decide which parent gets custody of a child.  It is important to point out that by “custody,” most people mean which parent gets to determine the primary residence of the child.  As for which parent is awarded this right, the Family Code dictates that a judge or jury be guided by the child’s best interest.  Tex. Fam. Code § 153.002.  A judge or jury cannot discriminate based on gender or marital status.  

Tex. Fam. Code § 153.002.

There are a wide variety of factors that can go into a “best interest” determination.  However, the Texas Supreme Court as set forth the following factors as guidelines for courts:

1.    the desires of the child
2.    the emotional and physical needs of the child now and in the future
3.    the emotional and physical danger to the child now and in the future
4.    the parenting abilities of the individuals seeking custody
5.    the programs available to assist those individuals to promote the best interest of the child
6.    the plans for the child by these individuals or by the agency seeking custody
7.    the stability of the home or proposed placement
8.    the acts or omissions of the parent which may indicate that the existing parent-child relationship is not a proper one
9.    any excuse for the acts or omissions of the parent

Holley v. Adams, 544 S.W.2d 367, 371–72 (Tex. 1976)

These factors are not exhaustive, but they weigh heavily on a judge or jury. No matter what evidence you have for your child custody case, you must have an effective attorney who can present the evidence to the judge or jury in order for you to win custody of your child.  It is important to find a lawyer who has experience dealing with child custody issues and is comfortable presenting evidence in a courtroom to convince a judge or jury of who should have custody of a child. For more information, please visit http://www.waltersgilbreath.com/child-custody/

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