Often divorces divide retirement plans like a 401k or defined benefit pension. A judge signs a QDRO (qualified domestic relations order) ordering the retirement plan administrator to divide the benefit. The ability to take funds from the plan under the QDRO depends upon the terms of the QDRO and plan rules. Some plans allow the alternate […]
Can I take my QDRO money early after my Texas divorce? Read More »
One unfortunate issue with background checks of arrest records with expunctions and nondisclosure orders is arrests for a felony level offense resolved by plea agreement. This type of plea deal may make tremendous sense to avoid a prison sentence. The appellate decision in In re Expunction earlier this year addresses this problem and why an expunction is typically
Plea Deals and Their Effects on Expunctions and Non-Disclosure Orders in Texas Read More »
Dividing property in a Texas divorce can be a complication and expensive affair under the Texas Family Code. The Texas Family Code lays out a complicated framework of community property rules. Property may be community property of the marital estate, the separate property of one spouse, or separate property jointly owned by the spouses. The
Dealing with Dividends in a Texas Divorce Read More »
I recently had a conversation with other divorce attorneys in Tarrant County about uncontested divorce or no contest divorce in which the parties reach an agreement about the terms for the divorce rather than fight over the property and custody issues. While we all have different strategies one thing we agreed on the impact of waivers
No Contest Divorces and Waivers of Service in Texas Read More »
Dividing defined benefit pension benefits in a divorce strikes fear into the hearts and minds of divorce attorneys. Defined benefit pension plans, often simply called pensions, are far more complex than the relatively newer defined contribution plans like 401ks and ESOPs. Defined contribution plans are often easy to divide in a divorce. They maintain records of individual accounts
10 Keys to Tackling Defined Benefit QDROs in a Texas Divorce Read More »
You probably heard about the recent release of a massive database of information about Ashley Madison users by a hacktivist group aimed at challenging Ashley Madison’s business model of creating opportunities for spouses to cheat. If you are an Ashley Madison user then this news might be alarming. Many people, including some divorce attorneys, await
Will the Ashley Madison hack lead to more divorces in Texas? Read More »
All states except Montana follow the employment at will doctrine for employees. Although the employment at will doctrine governs employment relationships in Texas and most of the country since the days of the Founding Fathers, there is still a great deal of confusion about what this means. Part of the continuing confusion is the growing
What is the employment at will doctrine in Texas? Read More »
It’s not every day a state criminally prosecutes an employer for wage theft. Last month a Papa Johns franchise operator suffered a judgment of $500,000 in damages plus an indictment in a criminal prosecution for wage theft. The case may not have an effect here in Texas but the facts are worth discussing. They could
Employment law is probably the area of law most misunderstood of those that affect people on a daily basis. There is a lot of information floating around that is inaccurate or inapplicable to Texas law. Each state has its own set of labor and employment laws. What is true in one state may not be
7 misconceptions about Texas employment law Read More »
Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage requirements under the Fair Labor Standards Act (FLSA) and the Texas Labor Code. Employees not exempt
Fort Worth Employment Lawyer and Overtime Pay Read More »
An uncontested divorce or no contest divorce in Texas is a divorce in which both spouses have agreed to the divorce and all the terms of the divorce, including property division and child issues. The Texas Family Code does not treat a contested divorce differently from an uncontested divorce or no contest divorce. (These mean
Parents wanting 50/50 custody in a divorce is a growing desire in Tarrant County and across Texas. Often 50/50 custody is desired by the parents for good reasons. Sometimes 50/50 custody is desired for less noble reasons, such as avoid child support payments or to try to make things difficult on the other parent. In Tarrant County
50/50 Custody in a Texas Divorce Read More »
This month the U.S. Court of Appeals for the Second Circuit (which oversees appeals in New York, Vermont and Connecticut) in Glatt v. Fox Searchlight Pictures, Inc. rejected the nearly forty year old internship test applied by the Department of Labor in favor of a more business friendly test called the primary beneficiary test. This
Second Circuit undercuts Department of Labor unpaid internship test Read More »
So far Uber hasn’t had a great start in Texas (according to reviews). Uber has seen great success in other areas. It is widespread in the major cities in California despite an existing availability of taxi drivers. Major cities around the country are tackling the issues with Uber and other ride-sharing services in different ways.
Are Texas Uber drivers employees or contractors? Read More »
Disability discrimination under the Americans with Disabilities Act and the Texas Labor Code (and formerly the Texas Commission on Human Rights Act or TCHRA) is not always a well understood subject in employment law. It is an even more difficult subject following the late 2000s expansion of the federal and state disability discrimination laws to
For many people divorce is about the emotional issues and sorting out the children. There is a very important financial aspect to a divorce. The property division of a divorce is about more than fighting over who gets the house and cars. These are important property issues but they may not be the most important issues.
7 Financial Issues in a Texas Divorce Read More »
A flurry of 401k litigation arose in the 2000s over the manner in which 401k plan sponsors select the investment choices and how those choices relate to the fees charged to the plan for various plan services and investments. 401k plan sponsors have fiduciary obligations to operate the plan prudently. 401k litigation asserts breaches of these
Unpaid child support is a significant problem in Texas. At the end of 2013 Texas had over $13 billion in child support arrears unpaid. That is a significant sum of money unpaid in support of Texas children. Many parents who should receive child support do not receive the child support obtained through a divorce or custody
When should I try to get child support enforcement in Texas? Read More »
In a Texas divorce or child custody case the court will apportion financial responsibility for the well-being of the children by ordering child support. The Texas Family Code deals extensively with ordering, paying and enforcing child support orders. A child support order involves several people and entities–not all lawyers–who need to understand and follow a
Income Withholding for Support Form – Child Support in Texas Read More »
Last week the United States District Court Northern District of Texas granted Target summary judgment in Sandoval v. Target Corporation in a slip and fall case arising from the Target store in Grapevine, Texas. This case demonstrates an important element of slip and fall cases that the property owner has actual or constructive knowledge of the
Grapevine, Texas Target Slip and Fall Case Dismissed for Lack of Knowledge of Condition Read More »