Frisco (214) 269-9601 Lewisville (469) 948-4764 Flower Mound (469) 817-3273
How is our family law firm different??

How is our family law firm different??

Clients who come to us, after using larger law firms, often complain that those bigger law firms seem to be more focused on generating fees, than providing effective and efficient representation. They tell us stories of enduring too many long, in-person interviews and meetings with various staff members (which they are charged for); being provided, and billed for, detailed written information about Texas Property Law, most of which does not even apply to the facts of their own case; vast amounts of discovery requests (such as oral depositions and subpoenas of non-parties) being generated and billed for) at the beginning of the case—instead of first narrowing the case to determine if formal discovery is needed or desirable; and if so, which forms of discovery would work best for your case. We have even experienced firms that will continue litigating a case after it has become obvious that their claims stand little-to-no chance of prevailing. They continue to litigate simply to generate attorney’s fees. Each and all of those activities leave clients believing that the practice of law is about earning money for legal professionals

While our firm does, indeed, seek to generate fees, we come at it entirely differently. Having practiced in DFW since 1989, the overwhelming majority of our clients come to us by referral—either from our prior (or current) clients; or, from other attorneys who do not practice Family Law; at least not highly adversarial Family Law cases. Why is that? Well, we know that providing quality representation is important; but so is doing it an efficient and effective manner.

So, rather than starting-off with an in-person consultation, that our clients would be billed for, we, instead, offer free 30-minute initial consultations over the phone. Next, when our clients hire us, instead of having oral conversations with our clients (in order to obtain basic case information), we, instead,  send secure links to a portal, where our clients are prompted to enter information about themselves, their families, and their property (if applicable) directly into our system  We can retrieve that information as needed; and, in significantly less time than it would take to gather that information through a conversation.

After retrieving that information, we discuss case options (such as, e.g., whether we need to prepare, and send, discovery requests to another party, or a non-party; whether we want to request temporary relief (such as Temporary Custody and Support Orders) from the court; and so on. Sometimes those items are desirable, and at other times, they are not. The point is that case activities are planned, so that costs and benefits can be analyzed, considered, and decided upon.

Finally, we bill in 1/10 hour increments, rather than the traditional quarter-hour increments. Also, we will aggregate brief emails together (which are sent back-and forth in a brief conversation), and make just one charge for the bunch, rather than charging for each email sent or received. I don’t like being nickel–and-dimed as a consumer; and so, we work to avoid doing that as legal professionals.

As of yesterday, our law firm appeared in spot #28 of a search for local attorneys. That ranking not likely to generate new clients. And, yet we stay busy. Referrals are the key to our practice thriving. We know that, respect it, and work to earn those referrals

Thank you for taking the time to read this piece!

My best,

David

https://heimanlawfirm.com

 

What to do if Child Support is Still Being Withheld After Kids are Adults

We helped a former client today who learned that his employer was continuing to withhold child support payments from his check, even though his children were “emancipated” (that is, they are at least 18 years of age, out of high school, and not disabled). It occurs to me that other folks in Texas might find themselves in this position, also; so, I am writing about that situation today.[1]

The first step in addressing this issue is taking a look at the Withholding Order. Does it explain (as it should) that child support is to be withheld for only so long as no child is
“unemancipated?” (“emancipation” is explained, above). If it does, then you should contact your Human Resources Dept. to discuss the withholding with them. For smaller companies, especially those which operate in just Texas, this may be effective. Larger, more geographically diverse organizations, often require that withholding for child support continue until such time as they receive a new court order that expressly terminates that withholding (this is silly, in my opinion, because the withholding order, itself, mandates the termination of the withholding when the kids age-out; nevertheless, bureaucracies might not care, and insist upon their “policies” being followed, which might require a new order). Since suing your employer to enforce the terms of the withholding order seems unlikely to be a good strategy (for obvious reasons), we will need to try to satisfy their policies.

When another order is required by your employer, we consider contacting the parent (who is receiving the wrongly withheld child support), to see whether s/he will agree to  an order terminating the child support withholding.[2] If so, then a motion can be filed, requesting termination of the withholding; and then, an Agreed Order Terminating Withholding for Child Support prepared, signed, and submitted to the court. Next, we contact the Court Coordinator, for your particular court, to see whether the court will require a hearing (usually, no hearing is required, unless another party is involved in the case, such as Child Protective Services). If no hearing is required, then the Judge should sign your order upon our submission of it.

If a hearing is required, then we will set it, working with the Court Coordinator, for available court settings (dates and times for hearings). Once it is set, then all parties (usually, just the other parent) must be formally notified of the setting. Then, at the time of the hearing, we appear with you, present your testimony, and our argument, regarding why termination should end, and then, request the Judge sign the order.

Once we have a signed order, we will contacthe District Clerk’s Office to request that the order be sent to your employer. They will need to have a completed form with various information about your case, your employer, and the order. And, there may be a fee payment required.

Finally, the order should be sent by the District Clerk’s Office to your employer. And, the withholding should terminate.

We hope that this information has been helpful.

Until next time, keep on loving those kiddos!

 

Best regards,

 

David

[1] We are licensed to practice law in Texas, and are familiar with the child support withholding process in Texas. Accordingly, our comments apply only to those who have a child support withholding order issued by a Texas state court

[2]  Some parental relationships are toxic ones. When we are dealing with one of those, in which the parents can’t/won’t cooperate about anything, then we skip this step.