Rybicki Law Firm, PLLC Farmersville Business Law | Collin County Family Law Attorney 2019-10-09T17:38:26Z https://www.klintrybicki.com/feed/atom/ WordPress On behalf of Rybicki Law Firm, PLLC <![CDATA[What is a lasting side effect for children in a divorce?]]> https://www.klintrybicki.com/?p=46884 2019-10-09T17:38:26Z 2019-10-09T17:38:25Z divorce for a child brings about a fear that runs deep and is difficult to shake. Regardless of what age your child is, even if he or she seems fine with the divorce, fear is usually still present. You may not notice it, but your child will act in ways that can show you fear is a driving force in his or her life. When fear takes hold, your child begins questioning everything. He or she feels out of balance and unsure. It can impact his or her self-esteem and drive in life. Even if it is not having a severe effect, fear can still shape your child's decisions and actions, along with his or her feelings towards you and the other parent. Fear often leads to thoughts that since one parent left, it means the other could leave, too. This damaging thought process can cause anxiety or depression to manifest. You want to combat as soon as possible. Fighting fear means co-parenting effectively. You have to show the children that while one parent may have left the home, he or she did not leave the family. You have to create a feeling of security and balance for your child in order to remove the fear. This information is for education and is not legal advice.]]> On behalf of Rybicki Law Firm, PLLC <![CDATA[Details about child support determination]]> https://www.klintrybicki.com/?p=46879 2019-09-28T00:19:22Z 2019-09-28T00:19:21Z requesting child support from an ex, you may have questions about what criteria the court uses to determine the award amount. Before the court can award child support, it must first calculate the net resources available to the paying parent. This involves adding up the total amount of income, as well as deducting certain items. Income The first step in making a child support determination is identifying all the paying parent's sources of income. This requires the paying parent's cooperation in producing documentation, such as pay stubs or past income tax returns. Salary, wages and compensation for personal services all count as income, as do net rental income, self-employment income and income from dividends, interest or royalties. Additional types of income that also count toward net resources include the following:
  • Unemployment benefits
  • Workers' compensation
  • Prizes or gifts
  • Pensions/retirement benefits
  • Some social security benefits
  • Severance pay
This list is not all inclusive. Deductions The court will deduct certain expenses from the paying parent's income for purposes of determining child support. These deductions include federal and state income taxes, as well as social security taxes. Deductions not related to taxes include union dues and medical expenses for the child's benefit. Exemptions The paying parent may have some resources that the court does not include while making its determination. Examples include payments for the foster care of a child and benefits from public assistance programs. Additionally, accounts receivable and return of capital or principal are also exempt. Other considerations Once the court has calculated the paying parent's net resources, another consideration that goes into determining your child support award is how many children you have with your ex. The more children you have together, the greater percentage of his or her monthly net income the paying parent is likely to owe in child support. However, if your ex also has children from a previous relationship for whom he or she is paying child support, that may serve to decrease your award.]]>
On behalf of Rybicki Law Firm, PLLC <![CDATA[What can I expect with a standard possession custody agreement?]]> https://www.klintrybicki.com/?p=46874 2019-09-27T17:34:54Z 2019-09-27T17:34:48Z non-custodial parent has with their children according to the standard possession order. Visitation with your children happens on the first, third and fifth weekends of every month and every Thursday evening for two hours. You can also see your children on alternating holidays. Summertime visitation of at least a month is common. When you and your spouse cannot agree on a custody order, the standard possession order can step in and be the schedule. Many child support orders are part of the divorce decree finalized in the court. You may have a separate document depending on your unique situation. Small children and a history of domestic violence could necessitate for the court to alter your possession order. In an ideal situation, you and your spouse could arrange a flexible agreement and work together to see the children. However, that is not always possible in every situation making the court order essential when disagreements arise around visitation. The court determines custody arrangements for both access and possession in light of what is in the best interests of your child. This information is intended to educate and should not be interpreted as legal advice.]]> On behalf of Rybicki Law Firm, PLLC <![CDATA[Do you know how to help kids deal with the impact of divorce?]]> https://www.klintrybicki.com/?p=46869 2019-09-25T19:13:04Z 2019-09-25T19:13:02Z U.S. News & World Report explores how you can help your kids mentally cope with the news of your divorce. Take some time out to check in on your kids to ensure they have a healthy emotional and mental grasp of the situation. Common reactions In regards to common emotional reactions from adolescents after learning about their parents’ divorce, expect anxiety, stress and depression, which often last for as many as nine months. One thing to stress here is that such emotional reactions are normal. That said, not all reactions are necessarily healthy. While you will undoubtedly grow worried about your son or daughter having such a reaction, you can take steps to help him or her cope. Communicate  One of the best things you can do for your kids to help them is to keep the lines of communication open. Remember, divorce is just as disruptive to a child’s life as it is to a parent’s. Letting kids know they can talk to you and that you have time for them can help them make sense of their emotions.  Consider therapy Going back to unhealthy reactions, you may want to consider having your child see a therapist who specializes in kids of divorced/divorcing parents. Such professionals have the experience and education necessary to help not only your kids cope, but you, as well. This information is only intended to educate and should not be interpreted as legal advice.]]> On behalf of Rybicki Law Firm, PLLC <![CDATA[When a relationship involves domestic violence accusations]]> https://www.klintrybicki.com/?p=46804 2019-09-09T21:04:21Z 2019-09-09T21:04:19Z domestic violence, per FindLaw. When it comes to spousal abuse, the prosecutor must prove beyond a reasonable doubt that one or more of the following occurred:
  • The accused spouse acted with intent or in a reckless way that caused physical injury
  • The accused spouse intentionally threatened physical injury
  • The accused spouse physically touched the other spouse in a way that he or she knows or should know would provoke or offend the other spouse
The law takes domestic violence accusations very seriously. It is critical to protect those who suffer abuse from a spouse. Documentation such as photographs of physical harm and the testimony of witnesses may provide evidence of domestic violence. Domestic violence accusations can cause irreparable harm to the spouse who faces these charges if he or she is not guilty of the alleged actions. Evidence may not support the charge if the accused spouse can prove one of the following:
  • The action was accidental
  • The spouse could not reasonably be expected to know that the action would cause harm or come across as threatening or frightening
  • The action was made in self-defense
  • The action did not happen
For more information about domestic violence and protective orders, please visit our webpage.]]>
On behalf of Rybicki Law Firm, PLLC <![CDATA[Are your antiques really that valuable?]]> https://www.klintrybicki.com/?p=46799 2019-08-20T16:49:46Z 2019-08-20T16:49:44Z
  • Antique – an object created 100 years ago at a minimum
  • Vintage – an object created between 75-100 years ago
  • Retro – an object created during the 20th mid-century period of the 1950s and 1960s
  • Nevertheless, many retro and/or vintage items are more valuable than some true antiques. Valuation factors Regardless of the age of your antiques or other old objects, the following four factors also play a big part in determining their value:
    1. Condition: how much wear and tear your object exhibits
    2. Identification: whether or not your object carries a manufacturer’s mark, artist’s signature or other pieces of identification that proves a particular artist or manufacturer produced it
    3. Rarity: the number of like or highly similar objects currently available
    4. Market strength: whether or not collectors are currently searching for objects like yours and what they are paying for them
    Professional appraisals While it may be tempting to call in a local antique dealer or auctioneer to value your antiques and other old objects, you should resist the urge to do this. Why? Because they likely do not have the extensive experience needed to realistically value them. The Huffington Post highly recommends that you hire a professional appraiser certified by the American Society of Appraisers, the Appraisers Association of America or the International Society of Appraisers. Even then, however, keep in mind that no single appraiser has experience in all types of antiques. Therefore, do not trust a jewelry expert to give you a realistic appraisal of your glassware, porcelain and property, furniture, artwork, etc. This is general educational information and not intended to provide legal advice.]]>
    On behalf of Rybicki Law Firm, PLLC <![CDATA[Social media and divorce]]> https://www.klintrybicki.com/?p=46213 2019-08-11T00:13:08Z 2019-08-01T05:00:00Z In recent years, social media has become a major factor in nearly all aspects of American life, including divorce. Often, when people go through a big life change, one of the first things they want to do is to tell their friends and followers about it on social media. However, social media can be a very dangerous place for people going through a divorce.

    Texas has a no-fault divorce law, and most divorces are settled without having to prove that one spouse did anything wrong. Still, even in a relatively amicable no-fault divorce, it can complicate settlement negotiations when someone posts a photo of one of the spouses online, showing them going on an expensive vacation or cavorting with new romantic partners.

    Divorce lawyers often will look up their clients and their clients' exes on social media to learn more about them, and if they find something that looks bad for the other side, they can and probably will use it for the benefit of their client.

    Social media posts and photos can sometimes be used as evidence that one spouse is illegally concealing assets. In some difficult child custody cases, people have used an ex's social media posts as evidence to argue that the ex is an unfit parent.

    It's understandable that people going through an emotional event like a divorce will need to vent their feelings, but people going through a divorce should have a serious talk with their attorney about the risks involved. A good attorney can address a client's concerns about social media and advise them on the best ways to protect themselves and their interests online.

    On behalf of Rybicki Law Firm, PLLC <![CDATA[Get happy: fostering positivity in your children after divorce]]> https://www.klintrybicki.com/?p=46219 2019-08-11T00:13:15Z 2019-07-31T05:00:00Z Coming to the decision to divorce was a tough choice for you and your spouse. You wanted to make it work for the kids, but it’s clear that’s not possible anymore.

    The good news is research shows that the majority of kids whose parents divorced have no lasting negative impacts from the divorce. There are also many things you can do to help be the best co-parents possible.

    Being honest with your children

    You may be tempted to tell your kids that your spouse is moving away. But your children deserve the truth. However, that doesn’t mean they need the whole truth. Keeping it simple and letting them know you will no longer be married but you still love them is the first step. Then it’s beneficial to reassure them that your split is not because of them.

    Having adults that get along in their lives

    You and your spouse might not be getting along. However, it’s important to consider the consequences of letting your children see you argue.

    Making the decision to co-parent peacefully will help your children adjust to your divorce. As the adults in your children’s lives, setting an amicable and stable example will help your children flourish.

    Managing custody exchanges

    You may not be interested in spending quality time with your spouse anymore. But since you have young kids, you may have to see your spouse often for custody exchanges. You might still be resentful of your spouse. By meeting in a public place, you will be less inclined to get into an argument.

    You may also want to arrange the exchanges so you don’t have to talk to your spouse at all. This could be the best scenario for everyone, especially if you’re not on great terms. By conducting the custody exchanges with your car stopping near your spouse’s car to pick up the kids, you’re decreasing the likelihood of a heated exchange that could distress your children.

    Working together as co-parents can seem daunting when there’s still animosity between the two of you. But putting on a united front for the kids will greatly benefit them down the line.

    On behalf of Rybicki Law Firm, PLLC <![CDATA[Negotiating child support orders]]> https://www.klintrybicki.com/?p=46216 2019-08-11T00:13:12Z 2019-07-18T05:00:00Z Texas has two main processes for establishing, modifying and enforcing child support orders. The first is for parents who can reach agreement out of court. The second is for cases that must go to court.

    Of the two, the Child Support Review Process is more common. In this process, both parents meet with an official at a local Child Support Division office to negotiate a child support order, discussing the child's needs and the parents' incomes. Each parent can be represented by a lawyer.

    The meeting usually takes no more than 90 minutes. If the parents can reach an agreement, the Child Support Division sends the order to a judge, who signs it, making it enforceable.

    If the two parents can't reach an agreement during the Child Support Review Process, their case must go through the Court Process. The Child Support Division can also recommend the Court Process for cases in which one party has safety concerns, one party is a minor, or in other situations where it is appropriate.

    Even in the Court Process, the court first attempts to get the parties to negotiate their way to an agreement. If they can't agree, a judge makes the final decision.

    Compared to the Child Support Review Process, the Court Process takes much longer. It also takes important decisions out of the hands of the parents. Most family law attorneys recommend their clients resolve issues without going to court whenever possible.

    Even when the parents are getting along fairly well, it isn't easy to negotiate a child support order that works for both of them, and most importantly, for the child. An experienced family law attorney can help.

    On behalf of Rybicki Law Firm, PLLC <![CDATA[Bezos divorce settlement divides world’s biggest fortune]]> https://www.klintrybicki.com/?p=46222 2019-08-11T00:13:19Z 2019-07-03T05:00:00Z No divorce is easy, but high-asset couples have more property, and more complex types of property than other couples, making their divorces more complicated. Few couples in the world have more assets than Jeff and MacKenzie Bezos.

    Jeff Bezos, the founder and chief executive of Amazon, has a net worth estimated at $118 billion, making him the richest person in the world. He and MacKenzie have been married for 25 years, meaning that she helped him as he grew his bookselling website into one of the largest technology companies on Earth. They have four children. The couple announced their split last year amid a scandal involving an affair and an alleged extortion and blackmail scheme by tabloid newspaper the National Enquirer.

    The ex-spouses have expressed their support for each other and appear to be resolving their divorce amicably. MacKenzie said in May that she would be donating half her assets to charity.

    According to press reports, the divorce settlement will leave MacKenzie with 25% of the Amazon stock owned by the couple. She will have a 4% stake in the company, worth about $38 billion.

    While it's relatively straightforward to divide a savings account in half in a divorce, more complex assets require more work. Shares in a business are notoriously difficult to divide. Often, these assets must be analyzed by valuation experts before the parties even know how much they are worth. Only then can the parties negotiate the best ways to divide the assets.

    Property division is often the most time-consuming and technically demanding part of a divorce. People who own a business or have other complex assets should seek out help from an attorney with experience in high-asset divorce.