Law Office of Roland R. Esparza, P.C.

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July 2016 Archives

What is a qualified domestic relations order?

One of the assets most often overlooked by divorcing couples in San Antonio is retirement benefits. If your spouse has a retirement account, he or she may feel since such a benefit was provided by means of his or her employment, it is not considered to be community property. However, any benefits accrued by that plan during the time that you were married are indeed deemed to be marital property and thus subject to property division. In such cases, the court will issue a domestic relations order mandating your receipt of your portion of your ex-spouse’s retirement benefits. Your eligibility to receive that portion may not be official, however, until the retirement plan administrator determines if that order meets the criteria of being a qualified domestic relations order.

Making up for time lost with your kids during deployment

For divorced parents in San Antonio who are called away to military duty, the time spent away from their children may be extremely difficult to deal with. If you have missed time with your kids due to a deployment, then you may hope to make up for the time lost upon your return. Many in your same situation come to us here at The Law Office of Roland R. Esparza, P.C. concerned that they will immediately have to go back to honoring their original child custody agreement. However, you may be happy to hear that is not always the case.

Golf prodigy banned from competing in custody case ruling

For many of those going through a divorce in San Antonio, the fear of having control of their proceedings wrestled away from them by their soon-to-be ex-spouses may be ever present. Often, divorcing couples may be encouraged to settle the affairs regarding their separation through mediation. This allows each to retain some degree of control. If the two sides of a divorce are unable to come to a compromise, their case may then move on to a family court. There, however, they often learn that what the court thinks is best for their children may differ greatly from what both sides want.

Life insurance requirements for parents paying child support

For many of those parents in San Antonio who receive child support payments, that money may represent a significant portion of their household income. In fact, according to information shared by the U.S. Census Bureau, child support payments accounted for over 70 percent of the mean annual income for parents living below the poverty line in 2013. Given the reliance that so many have on this money, one may wonder what happens if the parent paying child support dies while still under this obligation.