Divorce
Divorce Attorneys
Bradicich & Uszynski LLP
often assist clients who seek to enforce those agreements made in a divorce decree
or a paternity case. All too often, parties will make empty promises to end a divorce case and then fail to carry those promises through. When this happens, your remedy is to file an enforcement action to recover property awarded to you in a decree or monies owed from missed child support payments or spousal maintenance.
The next issue becomes what remedy is available to the Court to ensure you get what you rightfully deserve. Is it civil contempt where you ask for the court to order delivery of property? Is it criminal contempt where you are asking for the other party to be incarcerated for their failures? We do represent clients in enforcement cases involving parents who fail to make child support payments. We also represent clients involving parents who refuse to abide by custody and visitation agreements. This can happen when a party refuses to surrender a child for the other party’s period of possession.
Enforcement actions are very technical and any enforcement pleading must be drafted with specificity to ensure a chance for recovery. You will never get to the merits of your case should your motion not be in proper form. Our skilled family lawyers are experienced in evaluating and prosecuting motions for enforcement.
Protect Your Assets
Additionally, the Texas Family Code provides a vehicle for instances where a person fails to disclose an asset in a divorce case and that asset is never divided by agreement or the Court. These undisclosed assets can have significant value and are divisible by the original trial court. Often, in cases of non-divided assets at divorce, the evidence is King. Courts will often look unfavorably to any party who is a bad actor. These non-divided assets can include stocks, pensions, employee bonuses, or real property for example. If you believe that this is your situation, then protect the evidence and confer with your lawyer.
Property Settlements
The vast majority of property cases, even those involving complex property issues, are resolved through settlement negotiations. Understanding the many issues involved in property settlements and having the resources necessary to explore all the nuances of a finely crafted property settlement are extremely important.
The options for resolving property disputes are as varied as our clients. We know that property settlements can involve more than just a divorce action. We can help clients partition property for estate planning or other purposes and draft Post Marital Agreements to help couples balance their need for a more structured financial agreement between couples who wish to remain married. Our attorneys understand the complex issues involved in our cases and have the skill and ability to guide clients through the myriad of options available to achieve the most equitable result for the client. With attention to detail being one of the hallmarks of a good property settlement, our attorneys pride themselves on careful drafting of Property Settlement Agreements to ensure not only their fairness but their enforceability.
Often complex property settlements deal with issues including real property valuation, the tax implications of such settlements, divisions of retirements IRA, pension and other employee compensation packages, and the transfer documents to convey that property to a party of a divorce. As such, we have a network of professionals who we utilize for special projects such as these.
The options for resolving property disputes are as varied as our clients. We know that property settlements can involve more than just a divorce action. We can help clients partition property for estate planning or other purposes and draft Post Marital Agreements to help couples balance their need for a more structured financial agreement between couples who wish to remain married. Our attorneys understand the complex issues involved in our cases and have the skill and ability to guide clients through the myriad of options available to achieve the most equitable result for the client. With attention to detail being one of the hallmarks of a good property settlement, our attorneys pride themselves on careful drafting of Property Settlement Agreements to ensure not only their fairness but their enforceability.
Often complex property settlements deal with issues including real property valuation, the tax implications of such settlements, divisions of retirements IRA, pension and other employee compensation packages, and the transfer documents to convey that property to a party of a divorce. As such, we have a network of professionals who we utilize for special projects such as these.
Modifications
It seems at times when you believe it’s done, it’s simply not. Texas orders, being from a divorce or a paternity case, regarding custody of a child or periods of possession can be modified. The court has jurisdiction to modify a prior order involving children until the later of that child turning 18 or graduating from high school. Often, we are asked to guide clients that are seeking to modify an existing order pertaining to child custody, child support, or spousal maintenance.
The modifications to an existing order are based on a change in circumstances that is material and substantial in nature. These changes can be based on relocation, financial need, increased earnings, changing needs and interests of children entering adolescence, and other personal issues affecting parents. We also represent clients in enforcement cases involving parents who fail to make child support payments and prosecute contempt cases involving parents who refuse to abide by custody and visitation agreements.
Allow Bradicich & Uszynski LLP to Represent You
Give our office a call today at 361-573-4344
to schedule a confidential meeting with one of our attorneys. We look forward to representing you.