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One effect of the 2017 Federal tax overhaul is that alimony is no longer tax deductible after December 31, 2018. Under the Tax Cuts and Jobs Act, Pub. L. No. 115-97, § 11051(c), sections 62(a)(10), 71 and 215 of the Internal Revenue Code were not included in the new law.

The Texas Legislature has made it clear that “the court shall consider the qualifications of the parties without regard to…the sex of the party” when determining matters related to conservatorship and possession of the child. Tex. Fam. Code §153.003. In Texas, fathers should be equally considered when determining which parent shall determine the primary residence of the child/ren.

Every Texas statute and every court decision regarding children is focused on one key consideration: What is the best interest of the child? This term is used persistently, but often without a lot of clarity. Parents new to family law litigation assume attorneys and judges automatically intuit the meaning of “best interest” without any formal definition.

Many loving and involved grandparents want to know what rights they may have when it comes to their grandchildren. Oftentimes, grandparents are the ones helping to raise grandchildren while their son or daughter is in a time of transition or involved in activities that may put the grandchildren at risk. In other cases, a grandparent may simply want to know if they have any legal rights of visitation with their grandchildren.

Texas Rule of Civil Procedure 11 says:

“Unless otherwise provided in these rules, no agreement between attorneys or parties touching any suit pending will be enforced unless it be in writing, signed and filed with the papers as part of the record, or unless it be made in open court and entered of record.”

Conservatorship in Texas It is the public policy in the state of Texas to ensure that children will have frequent contact with both parents and to encourage parents to share in the rights and duties associated with raising their children. Tex. Fam. Code §153.001. Pursuant to public policy, Texas has adopted the term “conservatorship” rather than “custody” when making orders concerning the parent-child relationship.

Texas law favors prenups. When written correctly, and when the right signing procedure is followed, a prenup is hard to invalidate. Even though a skilled lawyer can write a solid prenuptial agreement, if the law is not followed it might be successfully attacked in a divorce or probate proceeding.

The interplay between shared credit cards and financial liability is complex, and much more so when working through a divorce. Prenuptial and postnuptial agreements attempt to straighten out the asset and debt details upfront, but when such an agreement is not in place, it will take an expert to sort everything out. In some cases, the idea of facing financial hardship or ruinous credit can compel someone to stay in a marriage they would otherwise seek to dissolve.

Legal Marriage Annulment A legal annulment means a marriage was not valid from the beginning. It is different from a religious annulment. A legally divorced person might get a religious annulment. The religious annulment has no effect on the divorce or on the ability to get a legal annulment.

There are many misconceptions about prenups in Texas, even among lawyers. These are the ones I have heard most. There are many more. For years prenups were not allowed by the law, causing misconceptions. The law varies by state, creating confusion; and movies take license about misstating the law. This makes better movies, but also causes more confusion.

Geographical Areas Served:

Kingwood, Huffman, Lake Houston, Atascocita, Humble, Oakhurst, Walden, Walden Woods, Walden on Lake Houston, East FM 1960, The Woodlands, Fall Creek, Eagle Springs, Lakeshore, Silverlake, Redstone, Summerwood, Eagle Lake, West Lake Houston Parkway, The Heights, Greater Heights, Houston Heights, Downtown Houston, Memorial, Allen Parkway, Montrose, Houston Neartown, Houston Midtown and East Montgomery County.

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McNamara Law Office, PLLC
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Irene Perez CisnerosIrene Perez Cisneros

19:18 27 Aug 24
My husband and I had the privilege of being represented by attorney Aaron Wallace who was assisted by paralegal, Janette Gama, in our 2.5 year long custody battle. Aaron was phenomenal in educating us on the Texas Family Laws and kept us informed throughout the entire process. Aaron’s expertise helped guide us on decision-making and court processes. Janette worked diligently to keep all exhibits organized and communicated any updates regarding the case in a timely manner. We were truly blessed to have had such an amazing team who were devoted to upholding justice and fair/equal parenting rights. Most importantly, Aaron persistently presented the children’s best interest to the judge and successfully achieved favor in granting my husband equal parenting time that not only he deserved, but that the children deserved as well. Our family is beyond happy with the outcome of this matter and we are forever grateful for the time and effort that Aaron poured into helping us get to this point. Thank you all so much for everything you all did for our family.

Steve KokotasSteve Kokotas

02:01 06 Aug 24
High integrity, smart, and hard working. You want Brian McNamara on your side.

Macie SheppardMacie Sheppard

14:43 05 Aug 24
I cannot express enough how grateful I am for the incredible support and guidance I received from McNamara Law Office. They truly care about their clients and go above and beyond to achieve the best outcomes! Highly recommend!

Stephen SpeesStephen Spees

18:34 13 May 24
Brian, Amanda, and Renee provided excellent guidance and legal support when it was most needed. I highly recommend their timely and professional services.

Lele ShahimLele Shahim

17:37 09 May 24
I wanted to take a moment to express my gratitude for your exceptional work. Your dedication and efficiency have not gone unnoticed, and I truly appreciate your commitment to excellence. Thank you for consistently delivering quality results in such a timely manner!! Mr. McNamara finished my paperwork in 2 days and I appreciate all the support I got from everyone in the office!! Thank you All !!

Karen QuinnKaren Quinn

22:10 25 Apr 24
McNamara Law Office is exceptional andincredibly attentive and detail-oriented, making sure every aspect of my case was thoroughly addressed. Their professionalism and dedication to my case were outstanding, and I felt supported and well taken care of throughout the entire process. I am grateful for their expertise and would not hesitate to turn to them for future legal matters.

Cathy QuinnCathy Quinn

14:05 24 Apr 24
An amazing, knowledgeable and professional team. I highly recommend McNamara Law Office.

Douglas JonesDouglas Jones

01:18 24 Apr 24
These people are amazing. They are helping my family through the worst event of our lives and I really couldn’t ask for a higher degree of professionalism and care. They are razor sharp and completely transparent about cost as much as possible.They are not cheap and there are no guarantees but I believe they are absolutely worth it.You get what you pay for.

Christan SetterboChristan Setterbo

14:04 29 Jun 23
Aaron has helped guide us through one of the most trying and difficult times in my family’s life. Throughout this entire journey Aaron has remained realistic, professional, and has truly cared about our families needs. Aaron was able to help us settle our case in mediation while giving us peace of mind. The professionalism and organization of The McNamara Law Firm was superb! Paralegal J. Gama always held her self in a professional, courteous and educated manner. We are truly grateful for their help and guidance. We will definitely choose Aaron again should we need to seek legal counsel in the future.

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