Alamo Towers West, 901 NE Loop 410,
Suite 800,
San Antonio, TX 78209
Veteran Mother Comes Home

San Antonio, TX Family Law and Military Divorce Blog

Monday, May 8, 2017

Purchasing a New Home Prior to the Divorce Becoming Final


When couples divorce, it's not uncommon for one or both spouses to want to take care of important details prior to the divorce becoming final.  One important detail can be purchasing a new home to start your new "post-divorce" life.  Caution is warranted here.

In Texas, title to real property follows a rule called "inception of title."  As a general rule, inception of title occurs when the contract to purchase real estate is signed or a down payment that secures a right to purchase.


Read more . . .


Sunday, April 30, 2017

Waiving Military Retired Pay to Credit Military Service for Federal Civil Service Retirement - How to Protect the Former Spouse


What protection, if any, exists for a former spouse receiving military retired pay when a servicemember, who is now a Federal civil servant, opts to waive military retired pay to credit his or her military service toward a Federal Employees Retirement System (FERS) annuity?  Prior to the 1997 National Defense Authorization Act (NDAA), the answer would have been "no protection exists."  The former spouse's award would have been wiped out.  The 1997 NDAA enacted protection for the former spouse.1

The 1997 NDAA changed the law so a retired servicemember could not waive military retired pay to credit his or her military service toward a FERS retirement annuity unless he or she consents in writing to allow the Director, OPM to deduct and pay the former spouse the same amount from the employee's FERS annuity that is due as former spouse military retired pay.2

Speak with a qualified military and Federal civil service divorce attorney if you have questions.


Read more . . .


Thursday, April 20, 2017

Important Change to Uniformed Services Former Spouses' Protection Act


The 2017 National Defense Authorization Act (NDAA) made an important change to the definition of disposable military retired pay in the Uniformed Services Former Spouses' Protection Act (USFSPA) found at 10 U.S.C. § 1408.  The change affects the division of property in divorce decrees or domestic relations orders dated December 23, 2016 and after.


Read more . . .


Friday, April 7, 2017

Should a Servicemember (or Anyone) Fear a Geographical Restriction When It Is Time to Relocate?


Servicemembers are frequently ordered to leave their location and move to another county in Texas, another state or another country.  These moves are most often required for continued military service and rarely are they done by request.  If a servicemember has children, and a court has ordered a geographic restriction on your residence with the children to a county or counties in Texas, what does this mean for a servicemember's future military career?   Should they fear the restriction preventing them from moving their family to a new location? 

If your move to a new county, state or country is a purely economic move, the courts generally understand your situation.  Purely economic move means, the move is for the benefit of your family to maintain your career in the armed forces or it is required by the military for continued advancement of your military career.  Further, without the move, your ability provide the quality of life that your family has become accustomed to will no longer be possible without the move.


Read more . . .


Monday, February 13, 2017

Transfer on Death Deeds Part 3


This is part three of a three part series on Transfer on Death Deeds. In part one, you learned about what a Transfer on Death Deed was and how a person could validly create one.  In part two, you learned about what happens after a grantor signs a Transfer on Death Deed but the grantor is still alive.
Read more . . .


Monday, February 6, 2017

Transfer on Death Deeds Part 2


This is part two of a three part series on Transfer on Death Deeds.  In part one, you learned about what a Transfer on Death Deed (TDD for brevity) was and how a person could validly create one.  Part two will explain what happens after a grantor signs a Transfer on Death Deed but the grantor has not passed away.

First and foremost, a Transfer on Death Deed (TDD for brevity) passes no rights to the beneficiary while the grantor is still alive.  Up until the grantor of a TDD passes away, the grantor has ultimate authority over their property.


Read more . . .


Thursday, February 2, 2017

Transfer on Death Deeds Part 1


This is part one of a three part series that will explain: (1) What  Transfer on Death Deeds are and how they are created; (2) What happens after a Transfer on Death Deed is created (when the grantor is still alive); and (3) what happens when the grantor of a Transfer on Death Deed passes away. New law was enacted in Texas in 2015 which affects all Transfer on Death Deeds created on or after September 1, 2015.  

What is a Transfer on Death Deed?

A Transfer on Death Deed ("TDD" for brevity) is a document that any person, over the age of 18 and in his right mind at the time of creation, ("grantor" for brevity) can use to transfer property after grantor's death and avoid the probate process.  Any property named in a TDD, if still in the possession of Grantor at his death, will pass to the named beneficiary in the TDD, which I will explain further in part three of this series.  The TDD must be in writing, it must contain a sufficient description of the property to be transferred and it must be signed by the grantor.


Read more . . .


Monday, January 30, 2017

Military Retiree to FERS Retiree - How Credit for Military Service Affects a Former Spouse


Military retirees are permitted by OPM regulations to waive receipt of military retired pay in order to credit their military service towards a Federal Employee Retirement System (FERS) annuity.  How does this affect a former spouse receiving former spouse military retired pay?  It doesn't.

OPM regulations will not permit a retired servicemember to waive military retired pay for inclusion in calculating a FERS annuity unless the servicemember consents to OPM paying the former spouse from the FERS annuity an equal amount that he or she is entitled to received as former spouse military retired pay.  If the servicemember refuses to consent, then OPM will not allow credit for military service. 

Waiver of military retired pay commences the day prior the start the servicemember's retirement from civil service and start of the FERS annuity.


Read more . . .


Saturday, January 14, 2017

Contempt: Part 2 – Criminal Contempt


This is the second of a two-part blog series on the differences between civil and criminal contempt.  This blog will focus on criminal contempt.  If you wish to first read the first blog on civil contempt, click here.
Read more . . .


Sunday, January 1, 2017

Contempt: The Difference Between Civil and Criminal Contempt


This is the first in a two-part blog series that looks at the difference between civil and criminal contempt proceedings.  In civil and criminal contempt proceedings, both contain the possibility that the "contemnor" (i.e. the person found to be in contempt) might be jailed.  The story doesn't end there.


Read more . . .


Tuesday, December 20, 2016

At What Age Can A Child Be Left Home Alone in Texas?


It is not uncommon to get into legal disputes involving children's issues where one parent alleges that the other parent routinely fails to provide adequate supervision because a child is left alone at home occasionally.  For example, I've been involved in squabbles in court involving an 8 year old being alone for as little as 10 minutes on rare occasions while mom was delayed in traffic returning home from her job.  During these disputes, many people are surprised to learn that Texas has no law that specifies the minimum age at which a child can left home alone.
Read more . . .


Archived Posts

2019
2018
2017
November
October
September
July
June
May
April
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
December
November
October
September
August
July
June
May
April
March
February
January
2014
December
November
October
September
August
July
June
May
April
March
February
January
2013



© 2019 Cramp Law Firm, PLLC | Disclaimer
Alamo Towers West, 901 NE Loop 410, Suite 800, San Antonio, TX 78209
| Phone: 210-762-4502

Practice Areas | Principles | Fees & Discounts | Attorney Bio

FacebookGoogle+TwitterLinked-In CompanyYouTube

Law Firm Website Design by
Zola Creative


×