Income

• Both spouses’ pay stubs from all employment held during the last 12 months.
• All joint or individual tax refunds for the last three years.
• If either spouse is self-employed or has had an interest in any business during the past three years, gather all relevant income and expense documentation. This includes receipts, bank statements, check ledgers, and profit/loss statements.
• A copy of both spouses’ net worth statements.
• Check ledgers reflecting any expenses incurred during the marriage if either spouse works for cash.

Real property

• Any documents containing the legal description(s) of any jointly or separately owned real estate. These forms are available from the mortgage lender.
• Most recent statements for any outstanding mortgage loans.
• Documents pertaining to initial real estate purchase(s) or refinancing.
• Property tax statements for all jointly or individually owned real estate.

Bank accounts

• Savings account passbooks of all individually or jointly held accounts.
• Statements for the last two years pertaining to all checking or savings accounts and Certificates of Deposit, whether jointly or individually owned.

Life insurance

All existing life insurance contracts on the lives of either spouse or any children, whether privately purchased or employer-sponsored. Include any documents reflecting current cash values or outstanding policy loans.

Debts

• Itemized listing of all joint and individual debts.
• Itemized listing of outstanding medical bills for both spouses and any children.

Pensions

Copies of recent pension fund, 401(k) plan, IRA, retirement fund, or mutual funds.

Vehicles

• Title and registration papers for all individually or jointly owned automobiles, boats, or farm equipment.
• Documents reflecting any outstanding debt secured by any vehicle(s).

Personal data

• Both spouses’ complete phone numbers, addresses, and Social Security numbers.
• Full names, Social Security numbers, addresses, and birth dates of all children of the marriage.
• Date and county of the marriage.
• Relevant information relating to both spouse’s previous marriage(s) and certified copies of any divorce decree(s).
• Copies of any prenuptial agreements or other domestic contracts.
• Information pertaining to any prior legal proceedings between the parties or involving any child(ren) such as restraining orders or legal separation court orders.

Organizing the above documents helps a divorce attorney in Arlington provide the best possible legal representation and may even result in lower legal fees. Having complete documentation facilitates negotiations and helps resolve disputes without court involvement. Even if an Arlington divorce case goes to trial, documentation will be essential to help support the case. Those thinking about filing for a divorce in Arlington should contact the Law Offices of David Kohm immediately at 817-204-0900.

Why to Consider a Prenup

A prenuptial agreement reduces the amount of emotion that surrounds the end of a marriage or a contested divorce. It acts as a form of insurance or like a business arrangement between the two parties. These types of agreements have been used for thousands of years in nearly every culture. In society today, however, this agreement must be handled legally by a licensed lawyer and accepted by a court.

What a Prenup Protects

A person does not have to be a multimillionaire to benefit from a prenup. A prenup protects tangible assets such as a home, car, or boat; retirement investments; and ownership in a business. It also can protect a person from losing future increases in income or an inheritance.

When to Consider a Prenup

There are many situations in which a person might want to consider a prenup:

• When one of you has children from a previous relationship
• If you are pursuing a career in a high earning field such as medicine
• When one partner is much wealthier than the other

Who Gets Prenups

All types of people get prenups. In fact, it’s common for people in the following situations to get a prenup before marriage:

• People who are caring for their elderly parents or relatives
• One partner is putting the other through college
• People who anticipate a large future income increase

At the Law Offices of David Kohm, the team of matrimonial and family law experts offers legal services to those who need more information or are considering a premarital agreement. By following the proper legal procedures, David Kohm can help protect your financial future. Call the attorneys today at 817-204-0900 for more information about prenup services.

Enforcing the Law

Fairness and decency require both parents to take an active role in the life of a child by providing custodial care, financial and medical support, or a combination of all forms of support. To make sure that child support is provided as ordered, Texas law has strict enforcement measures, including:

• withholding of income from wages
• a legal judgment to obtain past due support payments
• access to income from tax refunds, winnings from a lottery, and benefits of unemployment insurance
• liens against financial holdings or real estate
• suspension of licenses
• issuance of contempt of court charges
• passport restrictions
• jail

The laws allow authorities to impose penalties to make a person comply with the law. Some measures may seem extreme, reflecting the importance of securing funds that ensure the welfare of a child. Wage garnishment has a history of effective collection of funds, but the methods now included in Texas law add more approaches that are highly successful as well.

Taking Action

The law is on your side when your child does not receive the support they need as ordered by the court. You can face a battle to get it, however, and an Arlington divorce attorney is your best ally.

As a single parent, you need a lawyer who can provide an aggressive approach to child support collection. The attorneys at the Law Offices of David Kohm know how to use the tools provided by Texas law to get the support that your children are entitled to receive. Your situation is not likely to improve until you take steps to initiate action. Call 817-204-0900 to schedule an appointment for aggressive representation—all first consultations are free.

Background

A couple, Randy M. Roman and Augusta N. Roman, decided to wait two years to have children. However, when the time came, the couple was unsuccessful at conceiving on their own. There were several attempts by the couple at artificial insemination following, but after being unable to conceive in this way, the parties sought in vitro fertilization.

As a part of the process, ova were removed from Ms. Roman’s ovaries and fertilized with Mr. Roman’s sperm. The embryos were then frozen, awaiting in vitro insertion into Ms. Roman’s uterus.
However, before an embryo was place in Ms. Roman’s uterus, Mr. Roman sought divorce. During the divorce, the frozen embryos remained at the lab. Ms. Roman requested the embryo in the divorce proceedings, but Mr. Roman objected.

The problem with allowing Ms. Roman the frozen embryos was in a contract signed by the parties with their fertility doctor. It provided, among other things, that, “If we are divorced or either of us files for divorce while any of our frozen embryos are still in the program, we hereby authorize and direct, jointly and individually, that one of the following actions be taken: The frozen embryo(s) shall be discarded.”

Ms. Roman’s position was that if the embryos are discarded, it may be her last chance to bear children. Mr. Roman took the position, among others, that he did not wish to procreate outside of a marital relationship and that the contract was valid between the parties. Though Ms. Roman had agreed that Mr. Roman would not be recognized as the father, he felt that was not possible on either moral or legal grounds.

Case Decision

At the trial court level, the court sided with Ms. Roman, determining her right to become a parent entitled her to possession of the embryos. Mr. Roman appealed. The Texas Court of Appeals reversed the trial court and ruled the contract signed by the parties must be enforced and the Court did not have power to amend or disregard it. Therefore, the frozen embryos were to be destroyed.

The Basis for the Decision

The Court first considered that only six cases could be found relating to the issue of frozen embryos, and that in most of those case, a valid contract existed. It noted that the Supreme Court of Tennessee weighed the rights of the parties and the right of the wife to bear children vs. the husband’s right to not become a parent. It also noted that New York upheld a written agreement, while New Jersey would not enforce an oral agreement. In the New Jersey case, it was distinguished from the present case, in that the husband desired the embryos for future use with another woman.

It also cited Texas Gestational Agreement Statutes regarding parentage and recognized that they were not directly applicable to the Romans’ situation. However, the court did recognize a public policy in the State of Texas to permit an agreement for possession of frozen embryos by parties and for their disposition in the event of a contingency.

The Texas statutes cited by the Court played a pivotal role in its determination. Sometimes a court will refuse to enforce a contract on public policy grounds. However, in this case, it determined that the legislature set public policy, and creation of a contract in these situations was consistent with that policy.

Contract Law Applied

The Court found the following contract principles were present, thereby why the contract was enforceable:

• The contract was clear and unambiguous.
• There was a meeting of the minds between the parties.
• No coercion was present.
• Both parties were capable of entering into a contract.

Aftermath

Ms. Roman appealed the case to the Texas Supreme Court and the U.S. Supreme Court, but both declined to hear the case. (When an appellate court refuses an appeal of a lower court, the lower court’s ruling stands.)

Due to the increased popularity of methods such as in vitro fertilization, it is unlikely that this will be the last time such an issue comes before a court. Different results may be expected, for example, if unfertilized eggs of a female or unused sperm of a male are at issue. If an oral contract is involved, the Court may rule differently. However, when a fertilized embryo is involved and the parties have a written, clearly worded, unambiguous contract, the contract will be enforced.

Read the full Text of Roman v. Roman.

The Law Offices of David Kohm

Texas determines the amount of child support by a percentage of the noncustodial parent’s income. In a very general sense, the noncustodial parent will pay between 20 and 40%, depending on the number of children involved.

Note: If child support has not been established, it is imperative for the custodial parent to obtain an order for support. If necessary, a paternity proceeding can be initiated.

If the custodial parent is not receiving child support on a regular basis, there are means of collecting the past due amount. In Texas, payments are past due if not paid within 30 days. As child support is normally a monthly obligation, any payment more than 30 days past due can trigger other collection methods. Hiring an experienced Arlington divorce attorney can help in this regard.

Among the means of collecting support include:

• A wage withholding order – this is a form of garnishment in which child support is taken from the other parent’s paycheck. Wage withholding orders are common for collection of child support.
• Garnishment of bank accounts or personal property – If the support obligor is not paying, seizure of funds in a financial account is possible.
• Interception of income tax refunds – both federal and state income tax refunds may be taken to pay past due amounts.
• Liens filed against real estate owned by the obligor

In extreme cases, a court may order the obligor to jail for contempt, as failure to pay is a violation of a court order.

A court will apply interest to past due amounts. If a parent has not established paternity, time may be important. If a person is presumed to be a parent, the custodial parent may only have 4 years to file a paternity petition. Contacting Attorney David Kohm or his associates at 817-204-0900 is a good first step at collecting the child support you need.

What is Property?

Property is anything with a monetary or sentimental value. The obvious property to divide includes real estate, rental properties, vehicles, and investment accounts. However, you also need to consider retirement accounts, pension plans, and even pets.

There really is no limit to what is considered property, so it’s important to make a complete list of the items that matter the most to you, and an Arlington divorce attorney can work with you to make sure you don’t miss anything.

Understanding Separate Property

In Texas, some property is considered separate and is not up for division. This includes:

• items that were inherited by one spouse either before or during the marriage
• anything you brought into the marriage
• gifts received during the marriage
• personal-injury proceeds

In the case of gifts and inheritances, you may have to show documentation to prove that the asset falls into one of these categories.

Marital Property

The property that can be divided amicably between divorcing partners or through court decree is defined as marital property. Also referred to as community property, it includes everything that is acquired over the course of the marriage. Whether one spouse bought it with his or her own salary and is the only name listed on any legal title is not relevant. If it was purchased during the marriage, it is community property. The one exception may be gifts that are given to the other partner or received by one partner from outside properties.

The matter of property division during divorce can become tricky. When items are gifts, you have to prove that they are legally defined as such, and that can be troubling when there were no records attached to the gift.

An amicable settlement between partners is always preferred, but it isn’t always possible. Whether you are sorting out the property on your own or leaving it to the courts with a contested divorce, trust the Law Offices of David Kohm to help you. Call today at 817-204-0900 to schedule your free consultation.

As you face one of the most important decisions in your life, you need the valued guidance of an Arlington divorce attorney who is an expert in family law and divorce law. The Law Offices of David Kohm offer you the services of an attorney who is a certified mediator to advise you on child custody issues. David Kohm is experienced in the management of contested divorce proceedings that often involve violence, felony convictions, adultery, and other difficult situations.

Influential Relationship Factors

When the decision on custody is left to the court, a judge takes numerous matters under consideration to decide the best outcome for each child. Your personal relationships are often used as a guide for the court’s decision, including:

• the way you communicate with your spouse regarding your offspring
• the way your children interact with both of you and with their brothers and sisters
• the quality and amount of time spent with the children prior to your separation

Influential Physical Factors

The court must take into account physical matters that weigh heavily on a final decision, such as the:

• number of children involved and the age of each
• safety of each child
• needs of each child
• stated preference of a child who is old enough to make a valid decision
• presence of a stable home environment
• absence of evidence of domestic violence
• evidence of a plan to provide quality education
• physical fitness of parents
• employment obligations

You share the court’s concern for the welfare of your children, and you want the best for them. Make an appointment with the Law Offices of David Kohm at 817-204-0900 today to make sure that you get expert guidance on a most important matter.

Let Your Children Know They Are Loved

Many children feel that they are unloved when they watch their parents go through a divorce. That’s why you always want to make sure that your children know they are loved by both you and your spouse, despite all of the problems the two of you are currently experiencing.

In addition, many children believe that they are the reason for their parents’ divorce. You should let your children know that the separation is not their fault. Sometimes just once isn’t enough—keep reminding them to make sure they understand.

Be Honest with Your Children

Many parents feel the need to hide things from their children. However, that’s something you should never do. Children are very inquisitive and can sense when something isn’t right. Be honest with your children when they ask you questions pertaining to the divorce.

Listen Regularly

Some parents make the mistake of doing all the talking, but it’s important to remember that conversations are two-sided. Give you children a chance to express their feelings to you candidly. They may be experiencing a whirlwind of emotions and keeping those feelings bottled up inside, which is never healthy, for children or otherwise.

Don’t Speak Badly About Your Spouse

You may hate your spouse’s guts right now, but you should never express that hatred in front of your children. It’s important to remember that your former spouse is still your children’s mother or father, and that despite everything, you’re all still a family. Revealing your strong feelings about your divorce will only cause divisions in your children, adding to their confusion and stress.

Get the Support You Need

Your children aren’t the only one going through a stressful time—you are, too. Texas divorce law can be difficult to understand, but you can get help and support by contacting the Law Offices of David Kohm. Call 817-204-0900 to speak with an Arlington divorce attorney.

Uncontested Divorce

An uncontested divorce is a divorce in which both parties agree to the terms of the divorce and there is nothing in dispute. The spouse against whom the divorce is filed usually signs a Waiver of Service and the spouse filing the divorce files the Waiver of Service with the Court. There is a 60 day waiting period from the time the divorce is filed with the court and both parties sign an Agreed Divorce Decree. After the 60 day waiting period is over, one party presents the Agreed Divorce Decree to the judge and the judge is able to grant the divorce.

Using the services of the Arlington divorce attorney David Kohm ensures that all of the requirements are met for the divorce to be granted by the judge.

Contested Divorce

A non-agreed, or contested, divorce is a divorce in which there is at least one issue that the parties are in dispute about. One of the parties will file the divorce; the other party must usually be served because he or she is not willing to sign a Waiver of Service. The other party may file an answer with the court once he or she is served.

Using the services of the attorneys at the Law Offices of David Kohm will protect your rights whether you are the party filing the divorce or the party against whom the divorce is filed.

Typically, once an answer has been filed, the parties will spend the next several months attempting to negotiate a settlement and reach an agreement for the divorce decree. Sometimes, the court can order the parties into a mediation. If the parties cannot reach an agreement, the court can allow a trial on the issues that are in dispute in order for the judge to make a ruling on the issues.

Call David Kohm Today

Protect yourself and contact the Law Offices of David Kohm at 817-204-0900 for more assistance with your divorce today.

What is a Prenuptial Agreement?

Prior to entering a marriage, some people choose to agree on what will happen if the marriage fails. Couples who do not enter into an agreement often have a contested divorce. Under that arrangement, there will be a fight in the courts and in settlement talks over who gets what property. Agreements can sort out these things, splitting up the following important assets:

• Real property, including homes and land
• Monetary assets
• Investment assets
• Expensive jewelry and other personal property

In addition, a prenup agreement can help parties determine what will happen with custody rights if the marriage fails to last. These divorce fights can often turn ugly for people who fail to plan ahead.

How Does a Prenuptial Protect Assets?

Prenuptial contracts are binding on both parties if they are entered into legally. This means that a party with tremendous wealth can ensure that a divorce will not leave them hurting financially. In reality, both parties can benefit from the certainty that comes with these agreements. Any experienced Arlington attorney can attest that divorces are ugly and expensive without a pre-signed agreement. Neither party should have to go through that process. This is why it is so important to get in touch with a solid attorney before ever getting married. The Law Offices of David Kohm can help you draft a reliable agreement if you give them a call at 817-204-0900.