Houston Divorce & Family Law Attorney Blog : Houston Divorce Lawyer & Attorney : Cavers Law Firm : Texas Family Mediation & Adoption Lawyer

All of the courts of Montgomery County have approved a Standing Order regarding children, pets, property and conduct of the parties that will apply in all divorce cases and in most SAPCRs. The order became effective March 15, 2009, and will likely eliminate the need for attorneys to request temporary restraining orders in Montgomery County in the future.

To obtain a copy of the Standing Order, please utilize the following link to the Montgomery County website: http://www.co.montgomery.tx.us/dcourts/standingorder.pdf

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When courts order that a parent(s) have supervised visits with a child, it is usually for good reason. Depending on the circumstances, the court may permit (or the parties may agree with the court’s approval) that visits be supervised by another family member, one of the parents, or a third party agency. 

A recent story from The Houston Chronicle discusses the abduction of a child during a supervised visit arranged by the child’s conservators. The child’s conservators likely presumed that a restaurant like Chuck E. Cheese was a safe place to allow the child interaction with her parents. However, the child’s biological parents took the five year old child during the supervised visit. Thereafter an Amber Alert was issued. 

While the SAFE Program through the Harris County Victim’s Assistance Center is not the most ideal setting to visit with one’s child, it is designed to prevent tragic situations like this one. Whether you are a custodial parent or managing conservator seeking to have visits with a child’s parent(s) supervised, the SAFE Program can assist.   

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As a family law attorney, I have a thick skin, and not a lot gets to me. The story about Ja'Shawn Powell, however, raises my blood pressure.  I plan to keep an eye on this story through the AP and Houston Chronicle.

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In light of the troubled economy, it follows that child support obligors will experience difficulties in staying current on child support obligations. In fact, this was the theme of an article in today’s Houston Chronicle in Lipman’s State your Case column. 

The parent stated he was one of hundreds of people laid off from his job, and he has been unable to find other employment. As a result, the parent is unable to make any child support payments. The parent asked whether he could get his child support payments lowered or suspended until he finds work. 

Though Lipman’s answer (which was “Maybe”) is a good one, I would go a little farther in my commentary. 

Before a judge grants a motion to reduce an obligor’s child support, he/she must find that it is in the child’s best interest. Think for a minute or two about how you would argue that. It’s tough to say that providing the custodial parent with less money to support the child meets the best interest standard. Additionally, the court will want to know what assets are available to provide for the child, such as savings accounts and/or assets that can be liquidated to provide support. 

The prevailing attitude of many judges is that parents meet obligations to support their children. If that means your child eats before you do, then so be it.   

My comments are not intended to discount the plight of folks having legitimate financial difficulties. I merely suggest that you be elegantly prepared before asking the court, a caseworker at the Texas Office of the Attorney General, or the custodial parent to consider a reduction. Be prepared to show that you cannot pay for your rent/mortgage, car note, and other essential items. Be prepared to show how you’ve tried to gain other employment. Be prepared to show that you are attempting to pay something every week. Something is better than nothing. Be prepared to demonstrate that you are making an effort, and that you are sacrificing to meet child support obligations. 

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During the last week in Houston, two young children died after being left in hot cars by their caretakers. I can only imagine the agonizing guilt one would experience as a result. Busy lives, multi-tasking, and/or a change of routine can lead to accidentally leaving a little one in his/her car seat, but the hot Houston summers are unforgiving.

Area experts advise simple steps to prevent this deadly mistake, including:

1. Put your purse, briefcase or work ID badge in the back of the car next to the baby seat;
2. Keep a stuffed animal in the front seat of your car as a reminder that the baby is in the back;
3. Tape a note to the steering wheel of your vehicle;
4. Instruct your child’s day care center to call you if your child does not report at his/her regularly scheduled time;
5. Install an alarm device to the car seat that activates an alarm on your key chain after you are a certain number of feet away from the vehicle. 

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Family courts, in determining a the obligor parent’s child support, look to specific data including the obligor’s most recent pay stubs and two previous year’s tax returns. This data usually provides an accurate indicator of the obligor’s net monthly resources. After the net monthly resources are determined, a multiplier is applied based on the number of children before the court, and if applicable, the number of the obligor’s children who are not before the court (i.e., children from previous marriage). 

While some obligors have a fixed salary, their income may have significant fluctuation, and may be less predictable. Examples include sales reps who work on commission, real estate agents, persons who regularly work overtime, and the self-employed. In those circumstances merely looking at a 2-3 recent pay stubs or recent tax returns (especially if the obligor hasn’t filed a tax return for several years) may not provide an accurate picture of the obligor’s net monthly resources. Under such circumstances, there is case law supporting averaging the obligor’s income for calculation of child support. A recent opinion pending publication by the Texas 14^th Court of Appeals supports this approach. 2008 WL 1838023; Swaab v. Swaab, -- S.W.3d -- (Tex. App. – Hou. (14^th Dist.), no pet history). There is authority which supports averaging a parent’s income for as long as a ten year period to determine retroactive child support. See In re Sanders, 159 S.W.3d 797, 801 (Tex. App. – Amarillo 2005, no pet.). 

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Most of the time I roll my eyes when entertainment commentators feel the need to report on celebrity divorces, property disputes, and custody issues since Hollywood is so far removed from the reality of the average person. 

Recently, Christie Brinkley's divorce trial has been receiving lots of media attention.  Since coverage spotlighted the use of a child psychologist in making a custody recommendation to the court, this may be somewhat instructive on the role of experts in custody cases.  For more information on the divorce and custody dispute, visit Newsday.com. 

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Assuming that you are appointed as the managing conservator with the exclusive right to receive and disburse child support for the benefit of your children, the court will order your husband to pay child support regardless of his employment status. Even if your husband is unemployed, the law presumes a parent can at least work 40 hours per week at minimum wage. The court will likely inquire into why your husband left his job and the timing of that decision. If the court finds that he is intentionally unemployed or underemployed, then the court may determine the child support obligation based on his previous employment. 

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Frequently our office receives questions pertaining to geographic restrictions imposed by a final decree of divorce.  Unless the parents agree to another arrangement, the primary conservator of the minor children is restricted by court order in where he/she may live with the children.  Usually, when parties divorce in Houston, the primary parent is limited to Harris county, Texas and the contiguous counties -- meaning the counties that are directly touching Harris County.  This is actually a very broad area as the contiguous counties include Brazoria, Fort Bend, Waller, Montgomery, Liberty, Chambers, and Galveston counties. 

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Federal law allows states to collect income tax refund checks from parents who are behind in their child support. If you and your spouse filed a joint federal tax return, and all or part of refund was intercepted to pay for your spouse’s past-due child support, you may be an injured spouse and may be eligible to file an Injured Spouse Claim with the I.R.S. You can make an injured spouse claim if you are not legally obligated to pay the past-due child support, and if you made and reported income and payments, such as federal income tax withheld from your wages or estimated tax payments. During the tax year, if you were a resident of Texas, a community property state, you are eligible to file for an Injured Spouse Claim even if you did not report any income and payments on your tax return. You can make an Injured Spouse Claim by filing IRS Form 8379. For each year that you meet the conditions of an injured spouse, you can file IRS Form 8379 with your joint tax return or amended joint tax return, or you can file it afterwards by itself.

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A parent or conservator may petition the court to order reasonable periods of electronic communication during the time when the child is not with that parent or conservator. Effective September 1, 2007, the Texas Legislature added Section 153.015 (“Electronic Communication with Child by Conservator”) to the Texas Family Code, which allows the court discretion to supplement a conservator’s possession and access to a child by ordering contact via telephone, e-mail, instant messaging or webcam. When considering whether to award electronic communication, the court will examine what is in the best interest of the child, whether electronic equipment necessary to facilitate the electronic communication is reasonably available to all parties, and any other factor the court considers appropriate. Section 153.015 of the Texas Family Code applies to a Suit Affecting the Parent-Child Relationship filed before, on, or after September 1, 2007.

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When parents are divorcing it’s not uncommon for communication to become tense. The most common mistake I see people make is to use their children as “messengers” for topics such as child support, unpaid bills, school activities, and when and how pick-up and drop-off will be accomplished. We’ve all heard the phrase “Don’t shoot the messenger!” Think about this and imagine how your child feels. 

If you and your spouse are not yet at the place where you can have a civil conversation, but must still communicate, try using e-mail. That provides you both with a communication tool that can be used at a safe distance without the tension of face-to-face or over the phone awkwardness. However, be nice in those e-mails and assume they could be the next court exhibit. 

If e-mail is still too hot to handle, another option is software found at www.ourfamilywizard.com. This site allows parents to manage children’s issues, school activities, calendars, and expenses. The site offers a tour and a range of plans. If you’re at your wit’s end, this might be a tool that can help you.

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One question that I am frequently asked is whether or not an ex-husband or ex-wife can "garnish" a new spouse's wages or assets for back child support.  The answer is NO!  If the obligor parent remarries, his/her new spouse is not liable for current or back child support payments.  In fact, the courts cannot consider the wages of a new spouse in calculating child support.

There is, however, one caveat.  If you and your spouse file taxes jointly and you expect an IRS refund check, the Texas Office of the Attorney General is entitled to divert your spouse's portion of the refund to satisfy a child support arrearage.  If you think this might be a problem for you and your spouse, speak to your tax advisor about filing separately. 

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When involved in a suit affecting the parent child relationship, Texas law requires that children have health care coverage. Health insurance coverage continues to rise at an alarming rate, so it is important to know what the law considers to be reasonable. 

In September 2007, the Texas legislature amended the family code to define reasonable cost as follows: “…the cost of health insurance coverage for a child that does not exceed 9% of the responsible parent’s annual resources.” Tex. Fam. Code Section 154.181 (e). 

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Many employees have access to pre-tax savings devices called Medical Savings Plans or Medical Savings Accounts. Through such plans, an enrolled employee participant may designate a portion of his/her pre-tax income to be deposited in an account designated for health care. One of the benefits is lowering the employee’s taxable income.  Another benefit is saving for large ticket items such as annual deductibles, surgeries, braces, or other medical services which may not be covered by an insurance carrier.

I used to dislike such plans because withdrawing funds for reimbursement was too burdensome and paper-work intensive for the tax benefit. However, I have heard that many medical savings plans are much more user friendly these days, offering access to the deposited funds through a debit card.  

For older children who take themselves to dental appointments or to the orthodontist, this may be a great vehicle for paying and tracking the child’s medical expenses. 

For more information on such plans, speak to your human resources department or your CPA to learn more about the tax benefits. 

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Besides just sending the other parent receipts for your child’s medical expenses, you should consider writing a brief cover letter to explain what you are sending. This does not have to be typed or fancy. 

A sample letter could be as follows:

*Date*

VIA USPS First Class Mail

VIA USPS Certified Mail, Return Receipt Requested - *certified mail number*

Dear *Parent*:

Enclosed please find receipts for *child’s* medical expenses for the month of *month and year.* My total out-of-pocket expense was *$*. Your portion (*%*) is *$*. 

Please let me know if you have any questions. 

Regards,

*Your name*

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One of the many points of contention for divorced parents is the children’s medical expenses. However, with a little advance planning and organization, much of this controversy can be avoided. 

Whether you are the primary custodian or the non-primary custodian, the starting place is your final decree of divorce. Your decree should include a section that spells out the provisions for health care. Within that section should be precise language stating how co-payments, out of network services, and uninsured medical expenses are to be handled between the parents. Your decree may differ, but usually, the parents split the cost of any medical co-payments, prescription drugs, and uninsured medical bills. 

After reviewing your decree to understand the rules, the next step is to keep good records. If you take the child to the doctor, always request a receipt that clearly shows the cost for the office visit or service, the amount of the co-pay remitted (if any), and the amount to be submitted to the insurance carrier. If you are the parent who took the child to the doctor, then keep a copy of your canceled check or credit card statement to show payment was made. 

An area where I see many of my own clients go off track is notification of the other parent. Do not rely on just verbal notification to obtain reimbursement, and above all do not make your children the messenger that one parent owes the other. Also, do not keep a backlog of these bills and/or send them on a sporadic basis. Instead, provide copies of the billing statements, prescription receipts, etc. to the other parent on at least a monthly basis so he/she knows what was provided and how much he/she must pay. If you anticipate difficulty in getting reimbursed for medical expenses, then it is critical to send copies of all documentation via USPS First Class Mail and via USPS Certified Mail, Return Receipt Requested. If the other parent does not pick up certified mail, and if the regular mail was not returned to sender for a bad address, then the presumption is that the parent received the bills. This is very important evidence should you need to file an enforcement action against the other parent.

To reiterate, the keys are:  (1) knowing the rules established in your divorce decree, (2) keeping good records, (3) communicating effectively, and (4) maintaining proof of those communications.    

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Recently I learned that it’s standard operating procedure for banks to retain customer account records for only seven years. Some clients have child support obligations that run up to 18 years, so the moral of this story is not to rely on the bank for proof that you paid child support. Be a geek and wear both a belt and suspenders!   

It’s rare to get a bank statement with your actual canceled checks anymore, but most banks at least provide scanned images. Hold onto these records in your safe deposit box or place where you keep important documents until after your final child support payment is made and an account audit shows a zero balance.

Just this month a client who religiously paid child support (directly to his ex-wife rather than the registry), was served with an enforcement action after his child graduated high school. After pouring through years of canceled checks and statements, we ended up proving the majority of the payments were made. But, it put the client in a bad position to scramble for old documents on short notice. 

The other moral to the story is not to make child support payments directly to the custodial parent. 

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One way clients get off track with child support is by making informal payments to the custodial parent, rather than making payments through the local child support registry, or the Texas State Disbursement Unit (SDU). 

It is hard to say “No” when the custodial parent requests or demands child support money on the spot (often in the presence of the child) to buy him/her a new pair of soccer cleats, a cheerleading uniform, etc. However, to keep yourself on track with the SDU, just say NO – unless you’re okay with never getting credit for the payment.

When the obligor pays cash directly to the custodial parent, there is no method for that payment to be accounted for by the SDU – even if the custodial parent provides you with a receipt. For all practical purposes, it’s as if that payment never occurred. 

Later on, if the custodial parent seeks enforcement of child support through the Office of the Attorney General or through a private attorney, there is no proof the obligor made those cash payments. When I explain this to clients, they feel cheated and upset, often citing the “do right” law. Unfortunately, these clients don’t appreciate the formalities of evidence and the legal system. What is acceptable in the every day world fails to meet legal standards in court, and that’s what counts in child support enforcement actions. 

If the custodial parent needs extra cash for child related expenses that crop up, it’s best to make an extra payment through the local registry or SDU. That way, the parent’s child support account is promptly credited with the money, and there is an official record of the payment. 

Of course, there are times when child related expenses can’t wait. Just beware that if you pay child support outside the SDU, be prepared not to receive any official credit for it in court. 

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When a family court sets child support, the parties’ and their attorneys are responsible for establishing an account with either the local child support registry or Texas Child Support State Disbursement Unit (SDU) in San Antonio, Texas. A central purpose is to provide a neutral third party to monitor the obligor’s payments and report arrearages to the Office of the Attorney General. While many of my clients groan about paying child support through the SDU (or through wage withholding) rather than directly paying the custodial parent, I remind them that the account eliminates future disputes between the parents, if used properly. 

Child support registries and the SDU are run by humans, and as we know, humans are subject to making mistakes. Whether you are the child support obligor or obligee, I highly encourage you to request an audit of your child support account at least every two years. This is as important as checking the accuracy of your credit report on a regular basis. 

If an error is made in the account, it is far better to clear it up sooner rather than later. Little is as frustrating as pouring over pages of child support history and trying to reconcile obligations, credits, missed payments, and interest charges. 

Another quick check is to review your pay stub deductions. If you are the obligor parent, verify that your employer is deducting the correct amount from each check. If the employer is not deducting enough, it is ultimately the obligor’s responsibility to make sure the proper amount is paid. 

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In the Houston area the Harris County Child Support Registry, Office of the Attorney General, and Harris County Domestic Relations Office enacted the FOCAS Program.  FOCAS stands for Focus on Collections and Services.  A main objective of the FOCAS program is to monitor the collection of child support obligations from the non-custodial parent and to contact him/her if he/she falls behind in child support payments. 

The FOCAS program's services also include locating the non-custodial parent, enforcing existing child support orders, enforcing medical support orders, and even collecting child support through the interception of IRS tax refunds. 

For more information on FOCAS, visit www.hcdistrictclerk.com/Child_Support/focas.aspx

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Whether you are the party paying child support (the obligor) or the party receiving child support (the obligee), there are times when you will need to obtain information on your account, such as a history of payments, or if there is an amount in arrears. 

To contact the Harris County local child support registry, you may visit the ground floor of Family Law Center located at 1115 Congress, Houston, TX 77002 between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday, contact them by phone at 713-755-607, or visit the web site at www.hcdistrictclerk.com/FAQ/faq.aspx#CS

I highly recommend visiting the web site before making a trip downtown.  You may be able to take care of your issue(s) on-line.  If you must go to the office, the web site will give you an idea of what information and/or documents you should take with you before going to the Family Law Center. 

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If you’re a divorced or divorcing parent you know that the Standard Possession Order addresses the “major” holidays such as Thanksgiving, Christmas, and both Mother’s and Father’s Day. However, the Standard Possession Order is blueprint from which parents and their attorneys may build a custom plan for the family. Remember, long after the ink is dried on the divorce orders, you, your child, and ex spouse have to live with the order – so take the time to ask for the things important to you. 

If you have young children and you enjoy watching them dress up for Halloween and participate in carnivals or school activities, ask your attorney to include this in your parenting plan. Parents can either share responsibilities for Halloween, or trade-off Halloween just as divorced parents do with Thanksgiving (i.e., primary conservator to has child for Halloween in even numbered years, while possessory conservator has child in odd numbered years). 

Over the years, many parents have asked me to add special provisions to the Standard Possession Order, such as Halloween, Easter, and special holidays for other religious groups. 

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Last week, the Family Law Prof Blog posted an interesting update on the status of same sex couple adoption in Maine.  I pass this on for those interested in the topic.

The Maine Supreme Judicial Court ruled unanimously today that state law does not preclude unmarried couples from jointly petitioning to adopt a child.  The case involved a lesbian couple who had petitioned to adopt a 10-year-old girl and her 6-year-old brother, for whom the couple had been foster parents since 2001.

The court decided the case solely as a matter of statutory construction, reasoning that if it read the statute to prohibit joint petitions by unmarried persons, the statute would still clearly allow successive petitions by unmarried persons, leading to the same end result.  "With this in mind, construing section 9-301 as prohibiting a joint petition by unmarried persons elevates form over substance to an illogical degree."  In terms of reading the statute to effectuate the purposes of adoption law, the court noted that joint petitions serve the best interests of children in a variety of ways, by insuring continuity of care should one parent die, by enabling access to  broader range of benefits from two parents rather than one, and "Most importantly, a joint adoption affords the adopted children the love, nurturing, and support of not one, but two parents."

Adoption of MA  (Maine Supreme Court August 30, 2007)
Opinion online (last visited August 30, 2007 bgf)

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The Federal Office of Child Support Enforcement provides an excellent informational web site to assist parents and child conservators locate parents who have failed to meet their child support obligations. With the advent of the information age and data sharing among states and the federal government, tracking down child support evaders has gotten more efficient. For more information, see http://www.acf.hhs.gov/programs/cse/newhire/  

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In Texas public policy dictates that children should have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child and provide a safe, stable and non-violent environment for the child. Further, it is the policy of this state to encourage parents to share in the rights and duties of raising their children – even after the parents have separated or dissolved their marriage. 

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Section 101.016 of the Texas Family Code defines “Joint Managing Conservatorship” as the sharing of the rights and duties of a parent by two parties, ordinarily parents, even if the exclusive right to make certain decisions may be awarded to one party.

Under Texas law it is presumed that the best interests of a child is served if the parents are appointed Joint Managing Conservators (JMCs) so long as doing so would not significantly impair the child’s physical health or emotional well-being. For instance, if a court finds that one of the spouses has a history of domestic violence, then the JMC presumption would be rebutted.

Even though Texas courts generally award joint managing conservatorship, one parent over the other is usually given the primary right to designate the child’s residence based on a geographic restriction, such as Harris County and the surrounding contiguous counties. 

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After the ad litem is appointed by the court, he/she is required by statute to: (1) interview the child in a developmentally appropriate manner if the child is four years old or older; (2) interview each person who has significant knowledge of the child’s history and condition; (3) investigate the facts of the case to the extent the attorney ad litem deems appropriate; (4) obtain and review copies of relevant records pertaining to the child; (5) participate in the litigation as the other attorneys do; (6) take any action consistent with the child’s interests that considers necessary to expedite the proceedings; and, (7) encourage settlement and the use of dispute resolution. 

Additional duties of the ad litem include eliciting the child’s goals of representation, advising the child, provide guidance to the child, and represent the child’s expressed objectives if the ad litem determines that the child is competent. 

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In divorce cases where the parents cannot come to an agreement over custody issues, the court often appoints an attorney to represent the child. When parents are in turmoil, sometimes they are unable to put aside personal differences.  The court appoints an ad litem to provide legal services to the child, and the ad litem has the duties of undivided loyalty, confidentiality, and competent representation. 

An ad litem attorney usually charges the same or similar hourly rates as the attorney for each parent. When the court must appoint an ad litem, the parties are required to pay the costs for this representation. In the Houston area, the cost for this attorney could be anywhere from $1,500 to $5,000 depending on the complexity of the custody case. In very limited circumstances, ad litem attorneys are available through volunteer organizations. 

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The legislature approved a new section to the Texas Family Code (Section 154.016) and Governor Perry signed it into law on June 15, 2007. This new section of the code takes effect September 1, 2007.

The new section authorizes a family court to order a child support obligor to obtain and maintain life insurance to satisfy the unpaid child support obligation owing for the child’s benefit in the event the obligor dies. 

Note that the statutory language states that the court may order the obligor to do this – not that the court shall order the obligor to do this. I will be interested to see how Texas courts apply this new section and if there will be a socio-economic demographic less impacted by this addition.

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An old adage says that only two things are certain in life – death and taxes. If you’re required to pay child support under a Texas court order, you’d better make those three things – death, taxes, and child support.

The legislature created a new section to the Texas Family Code – Section 154.015, which becomes effective September 1, 2007. If the parent obligated to pay child support dies before his/her child support obligation terminates, the remaining obligation becomes accelerated and the unpaid child support becomes a claim against the estate. 

Though most conscientious parents want to ensure the stability of the children’s future in the event of their death, it will be interesting to see how the application of this new family code section plays out in both family court and probate court. 

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The 80^th legislative session yielded over 300 changes to the Texas Family Code. Among the many changes which take effect September 1, 2007, this entry deals with when the statutory duty to support one’s child(ren) terminates.

Generally speaking, the child support obligation terminates upon the marriage of the child, the removal of the child’s disabilities for general purposes, the death of the child, the death of the parent obligated to pay support, or if the child is over the age of 18 and is not attending or enrolled in high school. There were two substantive changes to Tex. Family Code Section 154.006. The first change eliminates a termination event, and the second creates a new basis for termination. 

First, as of September 1, 2007, the death of the obligor is no longer an event terminating the duty to pay child support. The obligation to remit unpaid child support, as well as future child support, becomes a debt of the obligor’s estate. Prior to the update, savvy practitioners included language in final orders requiring the obligor parent to obtain sufficient life insurance to cover child support in the event of his/her death; however, this is now addressed by statute. 

Second, once the obligor’s child enlists in the armed forces of the United States, the child support obligation terminates on the date the child begins active service. 

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One of the most frequent inquiries my firm receives come from parents in dire need of child support and medical support, but who cannot afford the services of an attorney. Though my firm takes on a certain number of pro-bono cases each year, unfortunately, we cannot accommodate every request. 

Many parents who contact us do not realize that they may seek the assistance of the Texas Attorney General in collecting child support from the non-custodial parent. To seek services through the Texas Attorney General one may call 1-800-252-8014 or visit the web site at http://www.oag.state.tx.us/cs/parents/apply_services.shtml.  

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In some divorce cases, even after the divorce decree is signed, high levels of conflict and animosity remain between the parents. These are the parties who cannot seem to stay off the court’s docket and continue to seek official intervention for all kinds of matters even after the case is closed. Unfortunately, legal pleadings, motions and hearings will do nothing to solve the underlying problems. 

Where such circumstances exist, the court on its own motion, or on the motion of one the parties may, appoint a parenting coordinator. The parenting coordinator is an individual who serves as a non-judicial referee between the parties and acts as a third party neutral. This concept is similar to mediation. He/She will meet with each parent individually and the children (if age appropriate) before attempting to work with the parties to fashion a solution. 

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Juggling home, work, and children’s school and outside activities can be challenging even for the nuclear family, but trying to manage as a divorced family imposes even more difficulties – especially in terms of communications where relationships are strained.

Keeping a family calendar is an excellent way to keep organized. The same tool can be even more beneficial for families in transition. 

On-line resources may provide assistance to keep everything straight. 

www.sharekids.com

www.calendar.yahoo.com

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In family law cases where custody of a minor child is disputed, the family court may order a social study investigation. The objective of the investigation is to assesss the needs of the child as well as each parent's ability to meet those needs.

Investigators collection information from actual home visits, interviews with the parents, interviews with the child (when age appropriate), interviews with third party witnesses, school records, medical records, county agency records, and other sources to determine what is in the child's best interest.

A written report is filed with the family court in approximately 60 to 90 days after assignment. The report includes the investigator's recommendation as to which parent may provide the most nurturing, stable environment. The recommendation of the Investigator will be taken into consideration by the court when making a decision in the case.

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Child support payments are a matter of public record.  To obtain a report summarizing child support payments in a Harris County case, you may use one of the following methods:

By Mail

Send a self-addressed stamped envelope to :
Harris County Child Support
1115 Congress, Room 10
Houston, TX 77002-1927

A cause number must be included with the request.

In Person

You can request one in person at 1115 Congress, Room 10. You can pick up a payment history printout Monday through Friday between the hours of 8:00 a.m. and 4:00 p.m. at the inquiry window.

Internet site -- apps.jims.hctx.net/childsupport/

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If you are the obligor (the party ordered to pay child support), it is very important that you send your payments to the correct place on a timely basis.  Whether you send payment in the form of a check or money order, it is crucial that you include the cause number and/or account number.  Failing to provide that information may result in a delay of your payment being posted, or it may result in the payment being sent back to you for more information. 

Mail payments to:

Texas State Disbursement Unit
PO Box 659791
San Antonio, Texas 78265

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Parents with minor children who rely on timely payment of child support have another option besides waiting on a check from the Texas State Disbursement Unit.  Parents receiving child support have the option of receiving payments electronically deposited into a debit card account.  For more information on how to qualify for this service, please visit this web site:  www.hcdistrictclerk.com/child_support/Texas_Debit_Card.aspx

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Now that school is out for the summer, airports around the nation see a sharp rise in the number of children traveling alone to visit the non-custodial parent.  It is important for both parents to be aware of the airline's rules and regulations regarding unaccompanied minors -- or UM's as the airline personnel call them.  Though common sense should dictate how children traveling alone are handled, each airline's policies will be a little different.  Since September 11, 2001, airline travel rules have changed dramatically, and the same holds true for youngsters traveling alone.

Many airlines will not allow children under the age of 5 to fly alone.  Others do not permit children between certain ages to travel on flights that have stops, layovers, or that require equipment or crew changes. 

We all want to get the best travel deal available, but when booking a flight on-line, over the phone, or through a travel agent, be sure to mention that your child will be traveling alone and the age of the child.  Additionally, if your child has any special needs (medical or physical) it will be important to talk to the airline about this.

Additionally, there will be forms to fill out before the child is permitted to board the flight.  The airlines are pretty good about publishing policies and procedures for UM's on their web sites.  There is also a web site devoted specifically to unaccompanied minors, which can be found at unaccompaniedminor.net/.  This site has links to all the major airline web sites and UM's.

Have happy and safe travels.

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The answer may depend upon which Texas court has jurisdiction over the case. The 14^th Court of Appeals in Houston, Texas and the Amarillo Court of Appeals have differing view points. 

If your case is in the Houston area, there is a tougher standard the custodial parent must satisfy to avoid being held in contempt (i.e., serving jail time for violating of a court order).

A 1995 Houston case requires that the custodial parent “drag the kids to the visiting parent’s car kicking and screaming” or face contempt. See Ex Parte Rosser, 899 S.W.2d 382 (Tex. App. – Houston [14^th Dist.] 1995, no writ). The only exception is if the custodial parent can affirmatively demonstrate his/her inability to compel the child to visit with the parent is involuntary. 

Other appellate courts have held that so long as the custodial parent has the children ready to go for visitation and they refuse, the custodial parent cannot be held in contempt. See Ex Parte Morgan, 886 S.W.2d 829 (Tex. App. – Amarillo 1994, no writ). 

In the realm of visitation drama, there may be instances where a parent: (1) actively discourages or impedes the visitation; (2) is passive about insisting that the child visit the other parent; or, (3) is truly unable to make a child comply with the visitation schedule. If your situation falls into the 1^st category, you run a high risk of behind held in contempt of court. If your situation falls into the 2^nd category, you might rethink your approach. Unless you have legitimately exercised every age-appropriate, reasonable option, the non-custodial parent may prevail in a contempt action. That may mean jail time for the parent who does not make concerted efforts insisting that the child visit the other parent, in addition to other penalties such as court costs and attorney’s fees. 

Of course, parents should exercise some common sense. It is quite different when a 9 or 10 year old digs in his/her heels about visitation. In that case, if there is no legitimate concern as to fitness of the other parent, some discipline is in order. The situation is quite different when a 16 year-old with a busy school and activity schedule decides for him/herself that he/she doesn’t want to spend time with the other parent. 

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For Texas parents entering the realm of divorce and custody litigation, the phrase "best interest of the child" will be heard throughout the process.  This is probably the most often quoted phrase in the Texas Family Code.  The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of an access to the child.  See Tex. Fam. Code Section 153.002. 

What does "best interest of the child" really mean, and how are those interests determined?  This seems to be a very subjective standard that could vary from judge to judge.  While that is partially true, case law provides guidance. 

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