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Texas Family Law Attorney Explains What To Do If The Child Support Payments Stop Coming

May 6, 2014/in Legal Tips/by LS_admin

When the court issued an interim or final child support order as part of your divorce, you may have felt a sense of relief. Prior to the issuance of that order, it is possible that you were receiving very little money, infrequent payments, or even no payments at all from your child(ren)’s other parent. For many people, a court order requiring them to pay child support does make them take the obligation seriously, and they make their payments as required by the order. Unfortunately, even something as serious as a court order does not ensure that all parents who have been ordered to pay child support will make their payments.

Post-judgment issues regarding child support are, unfortunately, fairly common. All across America, parents are struggling to make ends meet when they do not receive the child support payments that they are owed. Sometimes, parents are unable to get by with the financial resources that they have available, and they turn to public assistance in order to provide their children with food, health insurance, and other things that they need. In 2009, an estimate by the Federal Office of Child Support Enforcement indicated that American parents have failed to pay over one hundred million dollars of child support. Half of the money was owed directly to parents who should have been receiving payments, and the other half was owed to the government to pay for the public assistance which had to be given to parents who were not receiving child support that they were due.

If you are supposed to be receiving child support and you children’s other parent is not making the payments that they were ordered to make, you may wonder whether applying for public assistance is your only option. Some parents do find that they have no other option, even after making drastic changes to their family’s budget. Other parents find that they are able to get by after making some changes to their household finances. For example, some parents have found it useful to create their monthly budget using only income that they earn themselves, or with a new partner or spouse.

One thing that parents must understand regarding child support is that it is not connected to possession and access. If your children’s other parent fails to pay child support, you may be tempted to prevent them from seeing or talking to your kids. Don’t do it. The consequences for both you and your children are simply not worth it. Failing to abide by orders related to possession and access will get you into trouble with the court. Even more importantly, children have a natural desire to have strong relationships with both of their parents. Interfering with your children’s relationship with their other parent in this way, or in any other way, can complicate your relationship with them, as well as the way that they feel about themselves.

There are legal options available when parents fail to pay child support as ordered. A Texas Family Law Attorney can help you in this regard, as can the Office of Child Support Enforcement. Some of the legal avenues which are used to collect child support include placing liens on property, garnishing wages, suspending driver’s licenses and professional licenses, taking tax refunds, and even jail time. If you have questions about child support, or any other issues related to your divorce or family law case, contact attorney Alex Tyra today, to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

What is Organized Crime?

April 28, 2014/in Criminal Defense/by LS_admin

When it comes to criminal charges, there are some which can carry more substantial penalties than others. When a charge alleging organized criminal activity is added to another criminal charge, it increases the stakes substantially. It is important that people understand the difference between acts which are truly part of an organized crime scheme and those which are not.

Part of determining whether a crime is part of an organized crime scheme has to do with the people involved. At a minimum, there must be three people. However, a simple head count does not automatically place a crime into the realm of organized crime. The three or more people who were involved in the commission of the crime must be a “combination,” or a group of people who intended to work together to carry out a continuing course of criminal activity.

Sometimes, an individual participates in one of the crimes which are carried out by an organized crime operation without being aware of it. For example, if a person participates in a vehicle theft but does not know that it is part of a larger scheme to steal multiple cars over time, they may not have the requisite intent to be charged with organized crime because they did not intend to work with the group to carry out the other thefts or profit from them. However, it is possible for there to be a “combination” of individuals committing organized crime without knowing each other’s identities. Since organized crime occurs over a period of time, it is also possible that individuals may come into and go out of the “combination” during the course of its activity.

A scenario which is often mistaken for organized crime is that of a group of people who carry out a few crimes over the course of an evening. A burglary spree that happens one night is not necessarily organized crime because the people who worked together to steal things from various locations that evening may not have any sort of plan to work together on any other occasions to carry out any other crimes.

While many crimes that are not part of organized crime schemes are reported, a great deal of organized crime goes unreported. While theft and drug crimes are sometimes associated with organized crime, other crimes such as human trafficking, public corruption, and money laundering are also often organized crime activities. Reports from law enforcement indicate that a large amount of organized crime happens in Texas.

A few recent news stories involve Texas cases where the individuals involved have been charged with organized crime. On March 15, two men were arrested for stealing ATVs and a trailer in Tom Green County. Further investigation revealed evidence linking the two men to other thefts and a third person who was involved in at least some of the illegal activities. In an unrelated case, two people from Temple were arrested in March for mail theft. Investigation into their activities has connected them to numerous thefts of tools and equipment from fire departments and construction sites, and bank fraud. It will remain to be seen whether the organized crime portions of the charges will be upheld in either of these cases.

Any criminal charge can have a serious impact on your life, and organized crime charges can be even more devastating. If you have been charged with any form of organized crime, you need the assistance of an experienced East Texas Criminal Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient contact form.

A Texas DUI – It All Starts With a Traffic Stop

April 16, 2014/in Texas DUI/by LS_admin

If you feel as though your DUI investigation took you by surprise, you are not alone. After all, before you were stopped by the police, you were just driving around like everybody else on the road. Unfortunately, the moment that your vehicle caught the attention of a police officer, everything changed. The blue lights appeared in your rear view mirror and you made your way to the side of the road. You may have known why you were being pulled over, or you may have had no idea why you were being stopped. Either way, as the officer approached your vehicle, you were most likely wondering what the outcome of your traffic stop would be.

Perhaps you were optimistic. You may have thought that the officer would explain the reason for the stop, give you a verbal warning or maybe even a ticket, if you were speeding, and then let you go on your way. You might have imagined that the stop could take a while, because sometimes it seems to take officers a very long time to go back to their vehicle to check your license and registration or whatever else it is that they do while they are in there. It is even possible that you had a fear that your vehicle could be searched or you could be investigated for a DUI. If that was the case, you may have wondered what the officer would be looking for that could make the difference between an ordinary traffic stop and a lengthy investigation. Texas drivers should know that most of the things that trigger a DUI investigation come from an officer’s observations of and interactions with the driver of a vehicle.

Police officers often ask drivers where they are going, where they have been, and if they have been drinking. These questions are not small talk; they are attempts to gather information from you which could support further investigation of your person or your vehicle. What you may not know is that you do not have to answer these questions, especially if doing so will provide the officer with information that could get you into trouble. It is possible to be respectful and provide the officer with the things that they need without saying much at all. If the officer attempts to pressure you into talking more than you would like to, you may politely state that you wish to speak with your attorney before saying anything more.

Unfortunately, even if you say very little, things that an officer can see or smell, such as an open beer in the cup holder or liquor on your breath, may lead them to believe that you are driving while intoxicated. Sometimes, though, things that an officer believes are signs of intoxication may be present in cases where little to no alcohol has been consumed. Someone who has just received terrible news or as just had an argument may have been crying heavily for a long time, causing them to be red in the face, with red, puffy, watery eyes. Allergies and lack of sleep can also cause puffy, red eyes. If things like these that you cannot control get you on the wrong side of a DUI investigation, do not hesitate to challenge it.

If you have been charged with driving under the influence of alcohol, don’t go through the legal process alone. An East Texas DUI Defense Attorney can help you to put up your best defense against DUI charges. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or submit a convenient online contact form.

Your Guide to Texas Prenuptial Agreements

April 1, 2014/in Texas Divorce Cases/by LS_admin

People have a lot of different ideas about what prenuptial agreements are all about. Some people think that they are only ever used by very rich or famous people. Others find them to be unromantic or, a bad omen. However, many people are unaware of what, exactly, prenuptial agreements are and how they can effectively be used. Before you get married in Texas, it is worth your while to at the very least educate yourself about prenuptial agreements so that you can know for sure whether or not one would be useful for you and your bride or groom to be.

Texas courts recognize prenuptial agreements and partition agreements which are created by couples who are already married. A partition agreement accomplishes the same thing as a prenuptial agreement by partitioning a married couple’s community estate into two separate estates which would be considered as separate property in a Texas divorce. An agreement of either type must meet certain criteria before it will be recognized by the courts. The first of these criteria is that each spouse must have entered into the agreement voluntarily. Also, each spouse must have adequate awareness of the finances of the other. There are a few ways that this can be accomplished. The spouses may exchange financial statements which provide complete disclosure of their assets, or they may sign waivers of disclosure. The third and final criteria is that a prenuptial agreement or partition agreement must not be unconscionable, if it is to be upheld as valid.

A prenuptial agreement may contain provisions for almost any assets or responsibilities that the couple wishes to include. Provisions regarding children may not be included, because decisions involving children of a marriage cannot be made in advance. Texas family courts make decisions based upon the best interest of the children at the time that any such decisions must be made.

One example of how a prenuptial agreement can be used involves protecting a business owner’s interest in the business that they have built. If a family has passed real estate on for several generations, the current owner may want to ensure that it will remain in the family in the future. A prenuptial agreement can be used to enable the current owner to keep the property in the event of a divorce, instead of dividing their interest in it with their spouse. Prenuptial agreements may also be used to protect important personal property, such as family heirlooms, from being included in the tug-of-war that often ensues during property division in divorce cases.

Since prenuptial agreements and partition agreements are legally binding documents, it is essential that you review any agreement that you are contemplating with a Texas family law attorney. Your prospective spouse should seek their own counsel in regards to a prenuptial agreement, as a single attorney cannot represent both of you. Also, be sure allow yourself and your prospective spouse plenty of time to work through the process of creating a prenuptial agreement well before your wedding so that it does not interfere with the planning or preparation for the festivities.

A premarital agreement or partition agreement is not the exclusive province of the rich and famous, nor does it automatically mean that you will eventually get a divorce. Prenuptial agreements and partition agreements can be useful tools for relieving some of the stress which comes with being financially involved with the one that you love. If you have questions about whether a premarital agreement or partition agreement is right for you, contact Texas Family Law Attorney Alex Tyra today to schedule your free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Special Considerations for Special Needs Children in Texas

March 27, 2014/in Law Firm News/by LS_admin

If you are the parent of a special needs child and your family is going through a divorce, you are probably well aware that the needs of your child will have to be provided for during and after the divorce process. Fortunately, there is a tool that you can use to ensure that the unique needs of your family are reflected in the outcome of your divorce case.

The parenting plan is an important part of any divorce involving minor children. In a parenting plan, parents set forth their decisions regarding conservatorship, possession, access, and other issues that are relevant to their family. The best parenting plans are the ones which are crafted by both parents. You and your soon to be former spouse know better than anyone else what your children need. You are also the experts on what will work for your family, with your housing situations, work schedules, and all of the other things that are a part of family life. If the two of you can, with the assistance of your attorneys, put together a plan that will work for everyone in your family, it is likely to be approved by the court as being in the best interest of the children.

When you work with your attorney to develop a parenting plan, make sure that it includes all of the things that you do as parents to provide for your children’s special needs. For example, if one or more of your children are following a treatment plan, your parenting plan can provide for the regular evaluation of the treatment plan, as well as how decisions about changing the treatment plan will be made.

The possession and access schedule is an important part of any parenting plan, and parenting plans for families of special needs children are no different. Children do well with predictable daily and weekly routines, and children with special needs may be particularly sensitive to changes in those routines. Even though your divorce will most likely result in your children spending time in two different households, your parenting plan can incorporate daily and weekly activities which you recognize as important to your child’s sense of stability and predictability.

If there are specific educational, medical, or therapeutic programs that you have found to be beneficial for your child, include them in your parenting plan. Make sure that the plan addresses how these activities will fit into the possession and access schedule. Also, include information about which parent is responsible for paying for which programs.

These are a few of the considerations which parents of children with special needs can address in their parenting plans. Since each family is different, be sure that any parenting plan that you propose to the court includes information about the things that are most important to your family. Make sure that you can show how your parenting plan provides for the best interest of each of your children, in case the court has any questions regarding that topic.

An experienced East Texas divorce attorney can help you create a parenting plan which will provide for the needs of all of your children, including any who have special needs. Your attorney can work with your soon to be former spouse or their attorney, if they have one, to reach agreement on the parenting plan for your family. In the event that parenting issues must be litigated, an East Texas Divorce Attorney can help you to present your best case to the court. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

4 Reasons Why You Need an Attorney for Your Texas Misdemeanor Case

March 13, 2014/in Criminal Defense/by LS_admin

One common mistake that defendants who are charged with misdemeanors make is handling their misdemeanor cases on their own without the aid of an attorney. If you have been charged with a misdemeanor of any class, know that facing misdemeanor charges on your own is risky. Here are four reasons why you should seek the assistance of an experienced Texas criminal defense attorney.

Knowing and understanding your rights is an important part of any criminal case, including a misdemeanor. Everyone who is involved in the legal process, from police and investigators to prosecutors and others must follow certain rules. The rules are designed to protect the rights of persons who are accused of crimes, so if one or more rules have not been followed in your case, your rights may have been violated. A violation of rights could be the basis for excluding certain evidence from your criminal case. An attorney will help you to understand your rights, and they can also help you take steps to protect them.

A second good reason to involve a skilled criminal defense attorney in your misdemeanor case is so that you will be able to understand the options that are available to you. You may be eligible for programs like probation or diversion, which may sound good when they are presented to you. Before you decide which way to go with your case, it is important that you fully understand all of the terms and conditions that you would be agreeing to in selecting each option. For example, probation agreements may contain requirements that would take more time, effort, or money to comply with than you are willing to invest. Defendants who sign off on probation agreements without truly understanding what they mean are at a high risk for violating their probation. In contrast, defendants who negotiate probation agreements that contain conditions that they feel they can fulfill are likely to complete the term of their probation successfully.

A third reason to seek legal representation in your misdemeanor case is that your criminal defense attorney may be able to help you to keep the charges off of your record. If your charges are expunged, you will have more privacy regarding your record. Your attorney will know whether you may qualify for expunction, and they can help you pursue it if it is an option for you.

The fourth reason that it is important to seek legal counsel if you have been charged with a misdemeanor is that the punishments for some misdemeanors are more severe than you might expect. In addition to fines and/or jail time, a misdemeanor conviction could have consequences which can reach far into the future. For example, if you are arrested in the future for the same type of offense, you may receive an enhanced penalty. You may also experience difficulties in obtaining work, getting public assistance, and finding housing. Your family life may also be affected, as convictions may affect your ability to have custody of your children or to become an adoptive or foster parent. A seasoned criminal defense attorney can help you to understand both the short-term and long-term consequences of a conviction. More importantly, they are your best defense against being convicted.

If you have been charged with a misdemeanor, you will benefit from the assistance of a knowledgeable East Texas Criminal Defense Attorney. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Man Arrested for DUI in Austin After 0.00 Breathalyzer Test

March 5, 2014/in Texas DUI/by LS_admin

On January 13, 2013, Larry Davis ran a stop sign in Austin. He was stopped by police, and during the course of the vehicle stop, he was asked to perform field sobriety tests. Davis exited his vehicle and participated in the tests. The officer who made the stop said that when Davis performed field sobriety tests, he appeared to be under the influence of alcohol. When the officer asked Larry Davis whether he had consumed any alcohol, Davis stated that he had consumed just one drink. He then took a breathalyzer test, which returned a reading of 0.00. What happened next is not what you might think. Despite the negative result on the breathalyzer test, Davis was not given a warning or ticket for running the stop sign and then sent along his way. He was arrested, and he spent a day in jail.

At some point during his arrest and the subsequent incarceration, Davis voluntarily provided a sample of his blood. The sample was sent to a lab to be tested for alcohol. A few months later, the results of the blood test showed that no alcohol was in Davis’s blood at the time of his arrest. Because of the results of the breathalyzer and blood tests, his DUI case was dismissed. It took about a year from the time of his arrest for his record to be fully cleared.

Travis County, where Davis was arrested, has a high rate of dismissal for DUI charges. Approximately thirty percent of Travis County DUI cases, including Davis’s, are dismissed. Law enforcement in the county are overly aggressive about stopping drivers whom they have even the slightest suspicion are driving under the influence of alcohol. The officers and their supervisors cite “safety” as the reason why they make so many DUI arrests. This excessive enforcement costs everyone money. Defendants who are able to pay for an attorney may have to spend thousands of dollars to get their DUI dismissed and off of their record. Indigent defendants like Larry Davis also incur legal fees, which are paid for by the county.

The case of Larry Davis contains several valuable lessons for anyone who is arrested for driving under the influence of alcohol. One is that any traffic stop can turn into a DUI arrest. Whether you forget to stop for a stop sign, have a headlight out, or shift a little bit too much inside of your lane, an officer who wants to pull you over will find any reason at all to do so. Also, field sobriety tests are not an accurate indicator of whether someone has actually consumed alcohol. Poor coordination, fatigue, uncomfortable shoes, or even just being nervous can cause you to wobble as you try to walk a straight line. Even worse, the determination of whether you pass or fail the test is made by an officer who has stopped your vehicle because they have already made up their mind that you are intoxicated. Perhaps the biggest lesson that DUI defendants can take away from Larry Davis’s experience is to fight back against DUI charges because they are often made in error.

If you have been charged with driving under the influence of alcohol, contact a Texas DUI Defense Attorney right away. A skilled DUI defense attorney can increase your chance of getting your case dismissed. If dismissal is not possible, they can help you to accomplish the best possible results under the circumstances. To learn more, call attorney Alex Tyra today, and schedule a free consultation. We can be reached at (903) 753-7499, or you may visit us online to submit a convenient online contact form.

Latest News

Texas Family Law Attorney Explains What To Do If The Child Support Payments Stop Coming

What is Organized Crime?

A Texas DUI – It All Starts With a Traffic Stop

Your Guide to Texas Prenuptial Agreements

Special Considerations for Special Needs Children in Texas

4 Reasons Why You Need an Attorney for Your Texas Misdemeanor Case

Man Arrested for DUI in Austin After 0.00 Breathalyzer Test

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