Can my license be suspended for not paying child support in Texas?

Child Custody Law, Divorce Law

Yes, absolutely. Under chapter 232 of the Texas Family Code any license issued by a Texas agency can be revoked or suspended for failure to pay child support including a driver’s license, professional licenses, commercial driver’s license, business licenses, hunting licenses, fishing licenses and concealed handgun licenses. This can be more than an inconvenience. For […]

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Divorce attorney on real estate in an agreed divorce

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Agreed divorces, often called uncontested divorces or no contest divorces, are divorces in which the parties have agreed to the major terms of the divorce. One of the major terms in many divorces is how to deal with the real estate owned between the spouses. In Texas approximately two-thirds of the population owns the home

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Dividing retirement plans with a QDRO

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

Retirement plan benefits, like 401k accounts and pension benefits, are often divided in a Texas divorce as part of the property division. Retirement benefits often represent one of the largest assets in the marriage (along with the house and cars). Their division may play an important role in fairly dividing the marital property between the

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Changes to the NonDisclosure Order Rules in Texas Effective September 1, 2015

Employee rights lawyer

Among the statutory changes on September 1, 2015 is an expansion of the nondisclosure order rules. The changes not only make it easier to obtain a nondisclosure order in Texas but allow more people to obtain one. This is a huge opportunity for many people who are at risk of losing job opportunities, professional licenses

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Can I take my QDRO money early after my Texas divorce?

Employment Benefits Law, Property Division Attorneys, Uncontested Divorce Attorneys

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

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Plea Deals and Their Effects on Expunctions and Non-Disclosure Orders in Texas

Employee rights lawyer

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

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Dealing with Dividends in a Texas Divorce

Divorce Law, Property Division Attorneys, Uncontested Divorce Attorneys

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

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10 Keys to Tackling Defined Benefit QDROs in a Texas Divorce

Divorce Law, Property Division Attorneys, Retirement Plan/401k/Pension, Uncontested Divorce Attorneys

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

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Will the Ashley Madison hack lead to more divorces in Texas?

Divorce Law, Uncontested Divorce Attorneys

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

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What is the employment at will doctrine in Texas?

Employee rights lawyer, Employment Litigation Attorneys, Wrongful Termination Law

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

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Papa Johns franchise hit with $500k recovery and criminal prosecution in overtime violations

Wage & Hour Lawyers

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

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Fort Worth Employment Lawyer and Overtime Pay

Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

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

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Is a contested divorce better than an uncontested divorce in Fort Worth or Dallas, Texas?

Divorce Law, Uncontested Divorce Attorneys

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

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Second Circuit undercuts Department of Labor unpaid internship test

Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

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

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Are Texas Uber drivers employees or contractors?

Employee rights lawyer, Employment Litigation Attorneys, Wage & Hour Lawyers

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.

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Is a Texas firefighter who can’t fight fires disabled under the Americans with Disabilities Act?

Disability Discrimination Law, Employment Litigation Attorneys

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

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