Estate Planning and Divorce

Posted on December 5, 2011 by glmain

Frisco, Texas Estate Planning & Divorce Lawyers

When couples decide to divorce, it might not initially occur to them to re-evaluate their estate plan. For example, if you have a simple will or healthcare directive granting power of attorney to your spouse, you will probably want to change your will and select someone else. Likewise, if during your marriage you bequeathed certain heirlooms or established a trust fund for your spouse, you will need to change your estate plan to reflect your current situation. Even if you’ve made pertinent changes but have remarried, you will still need to update your will or trust to ensure assets are distributed to the people you care about.

Remarried with Step - Children? Update Your Estate Plan

After your divorce, you may have updated your estate plan and named your children as beneficiaries to your estate. Now, you find yourself remarried with stepchildren. You might think since your biological children are named in your updated estate plan, you don’t need to worry about anything, right?

Wrong – depending on the terms of your estate plan, your current wife might lay claim to certain assets or property you intended for your biological children. For example, suppose you have a classic car, vintage guitar, or gun collection you want to leave for your biological son or daughter.

However, suppose you used comingled assets from your current marriage to refurbish or repair your vintage Gibson Les Paul, Weatherby rifle, or ’65 Mustang. The court might consider these items as community property and grant ownership of them to your wife. The same fate could be reserved for investments and savings accounts if you don’t update your estate plan.

The Importance of Changing Beneficiaries

If you have an insurance policy or retirement plan, you’ll need to change the beneficiary – even if your divorce settlement indicates your former spouse has no claim on them. Here, it’s important to keep in mind that your divorce settlement does not pre-empt or override what an insurance company or retirement plan administrator is required to do by law. As a result, if your ex-spouse is name as the beneficiary on an insurance or retirement plan, your survivors may have little legal recourse to demand the money go to them – even if you’ve made provisions for these assets in your estate plan.

Contact Frisco Estate Planning Lawyers at Pfister Borserine & Associates

Understanding how your will or trust can affect probate and the financial future of your heirs is essential. To learn how we can help you protect your family and interests, contact Frisco, Texas estate planning attorneys at Pfister Borserine & Associates today t schedule an appointment and discuss your case

Bookmark and Share
Posted in Divorce, estate planning | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Domestic Violence and Divorce in Texas

Posted on October 24, 2011 by glmain

The term domestic violence covers a range of behaviors including:

  • Intimidation
  • Threats of physical harm
  • Coercion
  • Physical or sexual abuse

If you have been a victim of domestic violence you have legal options available to protect you and your children. Further if you are pursuing a divorce, disclosing any facts relative to domestic violence to your attorney is essential to your case. By disclosing such information, it enables the courts to effectively evaluate your situation and act in your family's best interests.

Domestic violence and child custody

The Texas family courts are required by law to consider any domestic violence factors before deciding child custody awards. And individuals charged with domestic violence can be denied custody rights or have his or her visitation rights greatly curtailed by the court. Therefore such accusations must be substantiated and never made in an attempt to gain the upper hand or exact revenge on an ex-spouse.

In any custody determination, the guiding principle is always what is in the best interest of your children. In this determination the judge considers numerous factors including:

  • The child's wishes
  • The parents' wishes
  • Any history of abuse or neglect
  • Parenting history
  • Household stability
  • Personal behaviors of each parent
  • Mental and physical health of the children and parents

Most states have adopted the model of the Code on Domestic and Family Violence, which presumes a child's best interests are not served by granting sole or joint custody to a parent charged with domestic violence. However, under certain circumstances the court may consider other factors before completely severing a child's relationship to a parent.

Domestic violence has seriously impacts a divorce, can complicate child custody issues, and requires a skilled Texas family law attorney. Contact Pfister, Borserine & Associates online or call 972-712-6700 to schedule a consultation.

Bookmark and Share
Posted in Divorce, Domestic Violence, Frisco Law Firm | Tagged , , , , , , , , , , , , | Leave a comment

First Steps in Divorce Mediation in Texas

Posted on October 10, 2011 by glmain

Divorce mediation is a settlement process in which the ex spouses meet with a neutral third party – the mediator - to resolve the contested issues in a private meeting or series of meetings.

Typically the mediation is conducted through a series of two-hour meetings at the mediator’s office and the mediator helps the parties:

  • To identify the key issues
  • Address the financial issues
  • Work through custody issues

Once the parties reach an agreement on the issues, a settlement agreement is drafted, and each party has his or her attorney review the agreement. The agreement is then submitted to the court for approval.

Mediation is voluntary and you may choose to terminate mediation at any time during the process. And the mediation process is complete only when both parties are satisfied with the agreement.
Why Divorce Mediation?

The trend toward divorce mediation has increased because the process offers divorcing couples many benefits including:

  • Greater control of problem resolution
  • Equal airing of grievances
  • Lowered legal and court costs
  • Establishes cooperation between spouses
  • Establishes co-parenting solutions
  • Family issues are decided by you rather than the judge
  • Quicker resolution to problems

Even a difficult case can reap amazing results with an experienced and skillful divorce mediator. Divorcing couples should strongly consider using the mediation process if their goal is to obtain a settlement that is acceptable to both parties, in a less stressful and private setting.

An experienced Frisco divorce attorney can help you to obtain your desired results through divorce mediation, without having to fight it out in court. Contact Pfister, Borserine & Associates online or call 972-712-6700 today to discuss whether divorce mediation is the right solution for you.

Bookmark and Share
Posted in Divorce, Property Division, divorce mediation | Tagged , | Leave a comment

Dealing with Adult Protective Services (APS)

Posted on September 26, 2011 by glmain

In recent years expanded awareness of adult abuse of the elderly and disabled has dramatically increased reports of abuse, neglect, and exploitation. In fact, in 2004 Adult Protective Services (APS) investigated 61,342 cases and of these 44.694 cases were confirmed as abuse.

  • Abuse includes scratches, cuts, bruises, burns, broken bones, bedsores, confinement, sexual abuse, and psychological abuse.
  • Neglect includes starvation, dehydration, improper medication, unsanitary living conditions, lack of heat, water, electricity, medical care, and personal hygiene.
  • Exploitation is the misuse of the assets of the elderly or disabled for personal or financial gain and includes: taking Social Security or other benefit checks, abusing a joint checking account, and taking ownership of property and other resources.

Often abused elderly or disabled adults are isolated, sick, have no reliable caregiver, and lack the resources neccesary for basic living expenses. In bona fide cases of abuse, the APS can offer valuable help and assistance to abused adults and greatly improve the situation.

However, the elderly may also find themselves in a nightmare of good intentions perpetrated by individuals who believe they are helping. The harrowing story of the Kidds is yet to be resolved and meanwhile they have lost control of their home, their financial resources and in essence their personal freedoms. Because they did not have a caregiver or family member looking out for their best interests the state was able to over rule their decisions about their own lives.

Get immediate legal advice

If you or a loved one has been subjected to improper intervention by APS contact an experienced Texas family law attorney immediately. A skillful attorney can represent you in court and protect your rights and interests. Contact Pfister, Borserine & Associates online or call 972-712-6700 today to schedule a consultation.

Bookmark and Share
Posted in Uncategorized | Tagged | Leave a comment

Texas Divorce Attorneys Using Private Investigators to Prove Your Case

Posted on September 9, 2011 by glmain

While cooperative approaches to divorce, such as collaborative collaborative divorce and mediated divorce, are up-trending, the sad truth is that many divorces are contentious, litigated cases. Prevailing in a divorce battle in court requires compelling and admissible evidence provided by credible witnesses and documented facts. And the use of private investigators is often key in establishing facts that are difficult to prove otherwise.

In difficult cases, Texas divorce attorneys often turn to private investigators to:

• Substantiate adultery
• Document unsafe or harmful practices relative to child custody
• Locate hidden financial and other assets
• Prove false statements about income and employment

A skillful private investigator is licensed and trained to root out the truth and the facts of a case and can be an invaluable asset. However, not all private investigators are created equally and you should look for an investigator who is experienced, has a good reputation, and can work in tandem with your Texas divorce attorney. If you hire an investigator before consulting with your attorney you may end up wasting time and money by obtaining evidence that is not relevant or even admissible. By working with your attorney to locate the right private investigator you can ensure that the right strategy is employed to obtain the credible evidence your case requires.

Private investigators are often used by skilled attorneys for numerous functions including:

• Locating witnesses
• Serving subpoenas
• Documenting fraudulent statements/actions
• Surveillance

Discuss using a private investigator with your Texas divorce attorney

A private investigator can be the best witness in your case but he or she needs guidance from your attorney on how to collect relevant and admissible evidence to prove your case. Contact Pfister, Borserine & Associates online or call 972-712-6700 today to discuss your case.

Bookmark and Share
Posted in Child Support, Childrens Issues, Divorce, Uncategorized | Tagged , , , , , , , , , , , , , , | Leave a comment

Bankruptcy and Divorce

Posted on August 19, 2011 by glmain

Frisco, Texas Bankruptcy Divorce Lawyers

In today’s world, it’s not uncommon for financial troubles to end in divorce. As a result, more and more couples find themselves facing bankruptcy and divorce. Consequently, the question often arises: should I file for bankruptcy before or after divorce? While each case is different and requires a careful consideration of a number of legal and financial issues, in general, filing for bankruptcy first may be in the interest of both spouses.

Why? Well, if you qualify for Chapter 7 bankruptcy, your unsecured marital debt will be wiped out. This means debts on jointly held credit cards, medical bills, and certain kinds of loans will be discharged. This can make the division of marital assets easier and streamline the divorce process. It may place you in a better financial position after divorce.

If your spouse files for bankruptcy before your divorce while you wait until afterwards, creditors can initiate collection actions against you. As a result, while you struggle to make ends meet as a single member household, creditors may initiate collection actions against you that range from wage garnishment to withdrawals from your bank account.

Chapter 13 Bankruptcy and Divorce

What happens in cases where you and your spouse tried to save your home and filed for Chapter 13 bankruptcy but are now going through a divorce? First, if you’ve already filed for bankruptcy together, you will need to discuss certain divorce issues with your bankruptcy lawyer. Here, it’s important to remember that he or she represents both of you. As a result, he or she cannot act in a way that is prejudicial to one party or the other.

Second, in order to avoid potential problems with the terms of your Chapter 13 bankruptcy, you will need to clearly state who is responsible for what in your divorce settlement in regard to any Chapter 13 payment responsibilities. These obligations need to be included in your divorce agreement in order to protect each of you in case either party fails to abide by the terms of the agreement.

If you and your spouse cannot agree on terms to be included in your divorce settlement regarding your Chapter 13 bankruptcy, you will need to bifurcate your Chapter 13 filing and hire separate bankruptcy lawyers to represent you.

Divorce Agreement Obligations and Bankruptcy

By and large, child support and alimony obligations are not dischargeable through bankruptcy. In rare occasions where the court believes a spouse or parent is unable to afford support payments, these debts may be discharged through bankruptcy.

If you are facing divorce and significant financial difficulties, contact Frisco, Texas divorce and bankruptcy attorneys Pfister Borserine & Associates today. We can evaluate your situation and discuss the best legal options available to you.

Bookmark and Share
Posted in Bankruptcy and Divorce, Divorce, Frisco Law Firm, Uncategorized | Tagged , , , , , , , , , , , , , , | Leave a comment

Texas Child Support and Divorce

Posted on July 28, 2011 by glmain

Frisco, Texas Child Support and Divorce Lawyer

Under Title V, Chapter 154 of the Texas Family Code, a mathematical formula is provided to determine child support. While each case is different, Title V considers a number of factors when determining the amount of child support link to to be paid, under what conditions wages can be garnished, if medical coverage must be provided, how retroactive child support will be handled, and when child support obligations end. Since child support is for the maintenance and upkeep of a child, it is not intended as a punitive measure or an "award" for the custodial parent; rather, it is the right of the child involved. For this reason, any change in child support payments must first be approved by the court through a post - divorce modification.

Changes in Child Support and Post-Divorce Modifications

In general, the court will approve a decrease or increase in child support if there is a substantial change in the material conditions of either the custodial or non-custodial parent. Here, illness or job loss that results in reduced income can convince the court to modify the amount of child support originally ordered in your divorce settlement. It’s important to note, however, that job loss or illness alone is not enough to justify a change in child support payments. For example, if you receive unemployment or disability benefits, the court may decide you still have enough disposable income to continue paying child support.

Additionally, if the custodial parent must pay for daycare for their child, the non-custodial parent may be required to pay more to help defray the cost. If the custodial parent does not have health insurance for themselves or their child, the non-custodial parent may be required to the court to pay for insurance coverage for their child.

Calculating Child Support in Texas

If you are ordered to pay child support, you will first need to determine your gross income. You can deduct any Social Security withholding, the insurance premium you pay on your child, and federal income tax withholding as a single filer. After you determine your gross income, you can then multiply that number by the following percentages that apply to the number of children you have:

  • 1 child = 20%
  • 2 children = 25%
  • 3 children = 30%
  • 4 or more = 35%

Child Custody and Child Support

Child custody arrangements can also affect the amount of child support paid. In cases involving shared or joint custody, since a child’s time is divided equally between his or her parents, child support payments are typically reduced. However, depending on the specifics of each parent’s situation, the court may still order one parent to pay an increased amount of child support if circumstances warrant doing so.

If you have questions regarding child support and divorce, contact Frisco, Texas child support attorneys at Pfister Borserine & Associates today to learn how we can help you.

Bookmark and Share
Posted in Child Custody, Child Support, Childrens Issues | Tagged , , | Leave a comment

Division of Marital Assets in Texas

Posted on July 15, 2011 by glmain

Frisco, Texas Divorce Attorneys

In the state of Texas, property acquired during marriage is considered communal property. Here, commonly held assets, real property like a home or cars, or value in a closely held business is considered communal property. Property that is brought into a marriage, inherited, gifted, or is part of a personal injury settlement is usually considered separate property and is not subject to division. If separate property is co-mingled with communal property – if, for instance, inheritance money is used to remodel your home – it may be considered communal property. If a closely held business is in the name of only one spouse, the court will have to determine if communal assets were used to start the business, maintain it, or increase its size. As a result, the division of marital property can be quite complicated, at times requiring forensic accountants, business evaluators, and property assessors.

Dividing Marital Property – Is Everything Cut Down the Middle?

Some people are under the mistaken impression that property is divided 50-50 – straight down the middle – in a divorce. In Texas, the court will assign an “equitable” division of communal property which may be a 45-55, 40-60, even a 30-70 split. In order to determine what is an equitable division, the court considers the work history of each spouse, their earning potential, who stayed at home, whether one spouse worked to put the other through college, the life style each spouse is accustomed to, and other factors as well. In this way, and “equitable division” essentially means what the court believes is fair and warranted given certain facts about each spouse.

What about Retirement Plans and 401k’s?

Any retirement plan governed by the Employee Retirement Income Security Act (ERISA) is subject to division during divorce. In order to receive monies from a spouse’s retirement plan, a Qualified Domestic Relations Order (QDRO) must be filed with plan administrator of the retirement plan in question – regardless of whether it’s a company pension plan, IRA, or 401k. If you and your spouse decide use the collaborative law divorce process, you can negotiate whether or not you want to divide a retirement plan. For example, you may want the house or prefer immediate access to savings funds. In exchange for these assets, you can agree to relinquish your claim on his or her retirement funds.

What about Marital Debt? Who Pays for Credit Cards and Car Loans?

While the division of marital property is important, so is the division of marital debt. Here, it’s important to remember you are legally responsible for any lines of credit your name appears on. As a result, if your name appears on credit card accounts you never use (or used) or on your spouse’s car loan, creditors can initiate collection actions against you if the balance on them isn’t paid. That means if your spouse defaults on these accounts you can still be held legally responsible for them. In this regard, even if your divorce settlement indicates these debts are assigned to your spouse, if he or she doesn’t pay them creditors will come after you.

In order to protect yourself, you can negotiate the transfer of certain assets to you in exchange for paying off the debt owed on jointly held accounts.

Frisco, Texas Family Law Attorneys at Pfister Borserine & Associates

The division of communal property can be quite complex and fraught with tension. Learn how we can help protect your rights and financial future - contact Frisco, Texas family law attorneys at Pfister Borserine & Associates today.

Bookmark and Share
Posted in Divorce, Frisco Law Firm, Property Division | Tagged , , , , , , , , , , , , , , , | Leave a comment

What It Means When You Hire A Lawyer Certified By The Texas Board Of Legal Specialization

Posted on June 29, 2011 by glmain

Imagine sitting in a sold-out Cowboys Stadium on a football Sunday. Eighty thousand pigskin fans, if not Dallas Cowboys fanatics, surround you, cheering on the home team. Now, picture that same stadium with 10,000 fewer people, so 1/8th of everyone there. That is how many attorneys, 70,000 worth, who are licensed to practice law in the state of Texas. Consider if you will, that only 1/10th of those, or 7,000, are certified by the Texas Board of Legal Specialization (TBLS).

So, what does that mean?

In 1974, the Supreme Court of Texas established the Texas Board of Legal Specialization at the request of the State Bar of Texas. That organization is the only governing board authorized to certify attorneys in legal specialty areas in 21 select areas of law.

The process for a Texas lawyer to become certified is rigorous. If an attorney meets the TBSL guidelines, the public can be assured the lawyer is highly qualified to practice in the area in which they are certified.

To become board certified in a specific area of practice, a Texas lawyer must:

  • complete TBLS-approved Continuing Legal Education course requirements,
  • furnish at least 10 qualified references,
  • have practiced law for at least five years, with at least three of those being in the area in which the lawyer wishes to become certified’
  • provide extensive, relevant experience documentation and
  • pass a comprehensive, daylong, specialty area examination.

Attorney John J. Pfister, Jr., is certified in family law by the Texas Board of Legal Specialists. His years of courtroom experience, legal knowledge and demonstrated ability to represent clients in all family law issues ensures his clients receive unparalleled legal representation and precise, accurate legal advice.

Individuals throughout the DFW Metroplex can turn to Pfister, Borserine & Associates for experienced help. We offer accurate information and experienced advice, from a legal team of John J. Pfister Jr. and Charity Borserine, family law attorneys with more than 30 years of combined experience, including Mr. Pfister. We will provide you with your options and guard your legal interests.

Contact an Experienced Frisco Divorce Lawyer Today!

Based in Frisco, Texas, the law firm of Pfister, Borserine & Associates represents clients in North Dallas and the DFW Metroplex, including Plano, McKinney, Richardson, The Colony, Lewisville, Corinth, Carrollton, Dallas, Ft. Worth, Arlington, Irving, Allen, Little Elm, Wylie, Lucas, Fairview, Denton, Parker, Prosper, and Celina, TX.

Bookmark and Share
Posted in Uncategorized | Tagged , , , , , | Leave a comment

Making the most of your summer vacation with your children

Posted on May 31, 2011 by glmain

One of the main reasons for a vacation is to experience new activities in a different setting than the everyday, whether that means new foods, cultures, sights, sounds…the possibilities are limitless! Undoubtedly, when you aren’t able to spend all the time you want with your children during the hectic school years, there’s likely added pressure to make every moment of your summer vacation with your offspring fun, interesting and memorable. To ensure the time away accomplishes all that you hope for, it’s important to plan ahead.

Keep these tips in mind when organizing a summer vacation with your children so the planning for and enjoyment of the time together will make great memories to last both of your lifetimes:

  • Determine your budget. This is important because while you want to have fun with your child, you also want to be able to afford wherever you’ve elected to visit.
  • Clear the dates of your proposed trip with your former spouse. That includes mentioning any unusual activities your child might participate in. If your divorce papers prohibit certain activities, don’t plan on doing them, even if you are out of town and think no one back home will find out.
  • If your children aren’t too familiar with your family, be sensitive to the possibility your child might not be too comfortable visiting them. Certainly that doesn’t mean to avoid those visits, but it would be wise to accommodate your child in case he or she needs time to adjust.
  • If possible, parents should plan the trip’s itinerary together. That cohesion will reassure your child they needn’t feel guilty about enjoying any aspect of the vacation or that maybe they’re doing something the absent parent would not approve of.
  • Be certain to take all important medical information with you on the trip. Particularly if you’re not the parent whose name appears on your child’s medical insurance card, it’s wise to take a copy of your divorce papers, too. That can establish your role as the child’s parent so there are no questions as to your authority to make medical decisions.
  • Beware of separation anxiety, especially in younger children. Perhaps allowing the child to bring a favorite picture of the absent parent, a small gift that parent gave them at some point, or even cute notes the parent wrote ahead of time to be opened at various times throughout the trip will lessen the child’s anxiety about being separated from one of their parents, even if it’s only temporary. This is particularly true with younger children.

Preparing for a summer vacation with children of divorced parents might be a bit more challenging than it is when parents are still married, but open communication and diligent planning can lessen the anxiety and increase the likelihood of a fun, safe and memorable experience for all.

Individuals throughout the DFW Metroplex contemplating divorce or who have been served with divorce papers, and have children issues, including child custody, visitation and child support issues, can turn to Pfister, Borserine & Associates for experienced help. We offer accurate information and experienced advice, from a legal team of John J. Pfister Jr. and Charity Borserine, family law attorneys with more than 30 years of combined experience, including Mr. Pfister, who is a Board Certified Family Law Specialist (certified by the Texas Board of Legal Specialization). We will provide you with your options and guard your legal interests. Email us or call today at 972-712-6700.

Bookmark and Share
Posted in Childrens Issues | Tagged | Leave a comment