Saturday, December 12, 2015
Client's Choice - Divorce Lawyer
In 2014 I was awarded the clients choice award by AVVO. Divorce, child custody, and family law in general are very difficult and trying times for people to deal with. I am proud to have been able to accept this award from my clients. Family law is a traumatic time for parents, as well as children. It is my goal to reach a settlement that is best for you and your family. My hope is that I may continue to try and help people resolve their disputes in the best possible way for their families. Since, moving my law practice to Round Rock I have experienced an amazing outpouring of support from the community. I look forward to serving the people of Williamson County. Thank you! Clifford Swayze - Round Rock Divorce Attorney.
Saturday, December 5, 2015
Child Support Enforcement- Williamson County Texas
Child Support Enforcement
If
a court in Williamson County enters a child support order it retains
jurisdiction to render a contempt order for failure to comply with the child
support order if a motion to enforce that child support order is filed prior to
the 2nd anniversary of when the child has become an adult or the
child support obligation has ended by the court’s order or by operation of law.
However,
the court will retain jurisdiction to deal with other matters for 10 years. For
instance, the court will be able to confirm the amount of child support
arrearages and render a cumulative money judgment for the past due child
support until the 10th Anniversary of the child becoming an adult or
the child support obligation is otherwise terminated.
What
happens if a parent’s child support obligation ends when the child turns 18,
but the parent is required to pay on arrearages for child support until the
child reaches the age of 20? In this situation the parent is still obligated to
pay child support until the child reaches the age of 20 years old, but the trial
court’s jurisdiction to enforce this obligation by contempt is not extended. If
the court was allowed to retain jurisdiction under these circumstances, the
court could retain jurisdiction for an indefinite period of time.
In
Texas parties can agree that child support will end at any specific time. This
does not mean that the court will approve of and enforce a child support order
that ends prior to the child turning 18. Specifically, the Texas Family code
specifies that absent an agreement by the parties the obligation to pay child
support will continue until the child turns 18, or graduates from high school. However,
the court can end the child support obligation if the minor child becomes
emancipated or gets married.
An
agreement to shorten or lengthen the child support obligation will affect the
timelines discussed above to enforce the child support obligation or to obtain
a cumulative money judgement. If you are dealing with a child support case you
should discuss the facts of your case with an experienced family or childsupport lawyer. Clifford Alan Swayze’s office is located in Round Rock, Texas
at 1000 Heritage Center Circle, Round Rock, Texas 78664.
To
speak with Clifford Alan Swayze at his Round Rock Law Office please give him a
call at 512-335-5245.
CliffordAlan Swayze represents parties for child support matters in Williamson County
including Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto,
Taylor and Austin. The following zip
codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620,
97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645,
79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673,
76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717,
76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729,
76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.
modification of a child custody order - Round Rock Texas
Modification of the parent child relationship
As a round rock lawyer frequently I am confronted with different issues that deal with children from broken households. Modifications of child custody orders have become a little more complex this year because of some changes in the law that began September 1, 2015. The issue that has been changed by the Texas Legislature is temporary orders following the filling of a modification of a child custody determination.
The Texas Legislature changed the law by adding the requirement that an affidavit has to be submitted setting for the grounds for modification during temporary orders. Presumably, the requirement of the affidavit was because the burden is so high to change who has the right to determine the primary residence of the child on temporary orders.
Another interesting topic is weather a party can be defaulted on a modification case for failure to answer. In Considine v. Considine the court noted that "before provisions relating to conservatorship, possession, and support in prior orders may be modified, the court must conduct a hearing." The Texas Court is saying that failure to answer a lawsuit in a modification does not mean the allegations in the petition to modify the parent child relationship are automatically true. In order to modify the prior order the movant must prove up the required allegations of the motion to modify.
What happens if the parent with the right designate the primary residence of the child dies? The custody order no longer governs the right to possession of a child when the person with the right to designate the primary residence of the child dies. This does not mean that a modification is not necessary. Even though a prior order may not govern the person with the right to designate the primary residence of the child, it still is a prior order. The first step a party would take when the parent with the right to designate the primary residence of the child dies would be to file a writ of habeas corpus compelling his or her present possession, not necessarily custody. The next step would likely be to file a modification of the prior order. However, there are cases that say you a person should file an original suit after the death of the primary conservator of the child. This is clearly a very complex area of the law. If you are faced with a modification of a child custody order you should consult with an experienced child custody lawyer.
As a round rock lawyer frequently I am confronted with different issues that deal with children from broken households. Modifications of child custody orders have become a little more complex this year because of some changes in the law that began September 1, 2015. The issue that has been changed by the Texas Legislature is temporary orders following the filling of a modification of a child custody determination.
The Texas Legislature changed the law by adding the requirement that an affidavit has to be submitted setting for the grounds for modification during temporary orders. Presumably, the requirement of the affidavit was because the burden is so high to change who has the right to determine the primary residence of the child on temporary orders.
Another interesting topic is weather a party can be defaulted on a modification case for failure to answer. In Considine v. Considine the court noted that "before provisions relating to conservatorship, possession, and support in prior orders may be modified, the court must conduct a hearing." The Texas Court is saying that failure to answer a lawsuit in a modification does not mean the allegations in the petition to modify the parent child relationship are automatically true. In order to modify the prior order the movant must prove up the required allegations of the motion to modify.
What happens if the parent with the right designate the primary residence of the child dies? The custody order no longer governs the right to possession of a child when the person with the right to designate the primary residence of the child dies. This does not mean that a modification is not necessary. Even though a prior order may not govern the person with the right to designate the primary residence of the child, it still is a prior order. The first step a party would take when the parent with the right to designate the primary residence of the child dies would be to file a writ of habeas corpus compelling his or her present possession, not necessarily custody. The next step would likely be to file a modification of the prior order. However, there are cases that say you a person should file an original suit after the death of the primary conservator of the child. This is clearly a very complex area of the law. If you are faced with a modification of a child custody order you should consult with an experienced child custody lawyer.
If you are in need child custody lawyer or have a modification case currently filed against you then you should seek the advice of an experienced lawyer practicing in Williamson County. If you have any questions about child custody case please call The Law Office of Clifford Alan Swayze located in Round Rock, Texas at 512-335-5245.
We serve the following communities and zip codes in Williamson County Texas:
Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill, Hutto, Taylor and Austin. The following zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620, 97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645, 79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673, 76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549, 78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853, 78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759, 78605.
Thursday, December 3, 2015
New Presumption created under Texas Protective Order laws
The State of Texas has created a new presumption when it comes to family violence and protective orders. The new law will affect how family violence cases are dealt with in Round Rock, Williamson County Texas. The presumption is that family violence has occurred and is likely to occur in the future under certain circumstances. I wrote a blog post dealing with the changes to the protective order laws on my family law web page.
This change in Texas Law may significantly change how a court would handle a divorce, child custody case, or other family law matter. The court is required to grant an application for a protective order if it finds that family violence has occurred and is likely to occur in the future.
I believe it is necessary that attorneys' dealing with family violence cases have experience as both a criminal and family lawyer. If a criminal attorney is dealing with an assault family violence case and does not understand the possible fall out from a conviction or deferred adjudication stemming from a family violence arrest the defendant may enter a plea unknowingly hurting a future protective order case, or child custody case.
Clifford Alan Swayze has experience dealing with family violence cases as criminal attorney, family attorney and protective order attorney.
Please call my Round Rock Law Office at 512-335-5245.
This change in Texas Law may significantly change how a court would handle a divorce, child custody case, or other family law matter. The court is required to grant an application for a protective order if it finds that family violence has occurred and is likely to occur in the future.
I believe it is necessary that attorneys' dealing with family violence cases have experience as both a criminal and family lawyer. If a criminal attorney is dealing with an assault family violence case and does not understand the possible fall out from a conviction or deferred adjudication stemming from a family violence arrest the defendant may enter a plea unknowingly hurting a future protective order case, or child custody case.
Clifford Alan Swayze has experience dealing with family violence cases as criminal attorney, family attorney and protective order attorney.
Please call my Round Rock Law Office at 512-335-5245.
We serve the following communities
and zip codes in Williamson County Texas:
Cedar Park, Round Rock, Leander, Georgetown, Liberty Hill,
Hutto, Taylor and Austin. The following
zip codes are served: 75409, 78608, 78611, 78613, 78615, 75032, 78621, 78620,
97116, 78665, 78626, 78633, 78628, 78627, 78634, 78642, 78641, 78646, 78645,
79836, 78653, 78660, 76511, 78664, 78663, 78669, 76526, 78674, 76527, 78673,
76530, 64093, 77327, 76537, 78681, 78947, 78704, 76543, 78266, 76857, 76549,
78717, 76567, 89801, 78726, 76573, 76577, 78728, 78727, 76574, 78730, 77853,
78729, 76578, 78732, 78734,l 78737, 47122, 78745, 78748, 78750, 77388, 78759,
78605.
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