When two people get divorced, frequently their visitation schedule with their child is based off of a Standard Possession Order (SPO).
For parents who live within 100 miles of one another, the first item that changes is Thursday visitations stop. For non custodial parents (the parent whom the child does not live primarily with) this can mean not being able to see the child every week. The details of weekend visitation can also be altered depending on your Order. For instance, during the school year your Order may require a parent to pick up the child from school on Friday and drop them off at school on Monday. During the summer months the Order may change the requirement to a pick up at 6:00 p.m. on Friday and a drop off at 6:00 p.m. This can be a tough change to accept because a parent can lose a meal that they had gotten accustomed to with their child when school is in session. It is recommended that each parent read their particular Orders in order to know how to handle these type of situations.
Another hallmark of summer-time visitation is that the non-custodial parent has the option to give notice to the custodial parent of their intent to take advantage of a 30 day period of extended possession. Notice must be provided by April 1st and if this is not accomplished the non custodial parent defaults into visitation with the child from July 1st through July 30th.
The custodial parent has a couple elections to make as well. First- by April 15th the custodial parent must choose their weekend to have the child during the non custodial parent's extended visitation. Also, the custodial parent may pick a scheduled 1st, 3rd or 5th weekend not during the extended period of visitation that they essentially take away from the the non custodial parent. The purpose is to allow the custodial parent to have a longer, uninterrupted stretch of visitation.
For fathers, the one weekend that cannot be taken away is Father's Day weekend. This weekend take precedence over the possible election of a mother for a weekend of visitation.
While a visitation schedule in a Texas Divorce Decree can vary, these are general differences that exist between school year and summer schedules. Individual cases will certainly vary based upon what the parties to those cases have agreed upon. The attorneys at The Law Office of Bryan Fagan are eager to help you decipher summer visitation orders in order to both; follow the court's orders and maximize time with your child.
Like other assets- their home, vehicle(s), personal items- student loans are divided in a divorce. This means that even if the loan wasn't one that you used to go to school, the debt can be distributed to both spouses potentially.
Separate property can include assets that were acquired prior to when a person got married or agift/inheritance from another person. The standard in order to prove that an asset should be considered separate is clear and convincing evidence. If a party can't meet this standard the asset, in our case student loan debt, may be considered community property and be divided up between the parties.
What the student loan was used to pay for can go a long way to aiding a court in determining how the loan should be considered. If the loan was used to pay for books and tuition it's more likely that the debt will be considered the separate responsibility of the spouse who took the loan out. However, if the loan was used to pay for rent on an apartment that both spouses lived in a community debt finding may be more likely.
Another factor that is considered by courts is whether or not the borrower earned a degree and if degree helped the parties increase their collective earning power. If both parties benefited from one spouse taking out a student loan then the chances of it being considered to be community property.
Finally, the earning capacity of both parties can be looked at as another factor to be weighed. If one party earns a significant amount more than the other spouse it's more likely that the debt will be considered to be separate property and not the partial obligation of the spouse who did not incur the debt.
With costs of attending college and graduate school at all time highs, it is extremely important to be advised correctly on how to best present your case to a court. The attorneys at The Law Office of Bryan Faganunderstand the issues surrounding student loan debt and how they can affect your divorce.
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Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.