Areas of Practice
CHILD SUPPORT ENFORCEMENT OR MODIFICATION
Do you need assistance with rightfully enforcing or modifying child support? The Law Office of Donald C. Nemec can help. We have years of experience studying and arguing laws regarding this practice, and we have experience with all kinds of parent/child situations, both simple and complex.
Contact us today to get your case evaluated by our team, or read on to learn more about Texas laws with regard to child support.
Under Texas law, parents have a duty to financially support their minor children. Generally, child support is paid by a non-custodial parent to the parent with whom a minor child primarily resides, as contribution toward the costs associated with child’s upbringing.
Texas laws on child support established guidelines for determining a percentage of income that the non-custodial parent must pay to the custodial parent for support. Child support is determined based on a specific percentage of the net income of the payor and varies based on the number of children the payor is required to support.
For example, for one minor child, a payor is required to pay twenty percent (20%) of his or her net income for child support. For two minor children, a payor is required to pay twenty-five percent (25%) of his or her net income for support. However, courts or parties—with court approval—may, in special circumstances, order or agree to set child support at an amount above or below the guideline percentage support amounts depending upon the parties’ financial circumstances and the child’s needs. Texas’ child support guidelines are contained in Section 154 of the Texas Family Code.
Child support obligations are generally modifiable when a court deems that there has been a substantial change in circumstances. Failure to satisfy a support obligation can result in serious consequences, which may include a court’s finding of contempt and penalties that may include incarceration. Attorney's fees associated with an enforcement action are reimbursable through court order if the obligor is found to be in contempt. Contact us to discuss your situation and whether you could recover attorney's fees in your case.
BANKRUPTCY AND DEBT RELIEF
Our law firm takes pride in developing mutually beneficial relationships with our clients by ensuring that each client understands every aspect of his or her case or legal issue. We are a debt relief agency and can consult with you to determine whether debt settlement or bankruptcy would be best in your situation.
Chapter 7 Bankruptcy
If you are wrestling with overwhelming debt in the northern Texas area – and the debt is winning – we can help. One option is filing a Chapter 7 bankruptcy, the most frequent kind of personal bankruptcy. A Chapter 7 bankruptcy discharges credit card debt, medical debts, auto loans, mortgage debt, and sometimes more. Since Chapter 7 bankruptcy is designed for average-income and low-income persons, you must pass a means test to qualify. The test compares your income against the median household income in Texas. Almost anyone whose income is below the median will be eligible for Chapter 7 bankruptcy, but if your income is higher, you may still qualify under certain conditions. Bankruptcy isn’t for everyone who is struggling with debt, but for some, a Chapter 7 bankruptcy is the only realistic option. When you consult an experienced Fort Worth Chapter 7 bankruptcy lawyer at the Law Office of Donald C. Nemec, we can evaluate your financial circumstances and offer you practical advice regarding the means test, bankruptcy, and your other legal options.
Chapter 13 Bankruptcy
A Chapter 13 bankruptcy is a legal tool that allows debtors to create and follow a realistic debt payment plan. When you file for bankruptcy under either Chapter 13 or under Chapter 7, an order for relief – an “automatic stay” – goes into effect. The automatic stay prevents creditors from harassing you about mortgage debt, credit card debt, auto loan debt, and medical bills during the period of the bankruptcy. A Chapter 13 bankruptcy usually allows those with a regular income to pay their debts over a period of three-to-five years, and it consolidates those debts into one monthly payment. It’s the legal way to avoid foreclosure or repossession and to begin managing out-of-control debt effectively. A number of factors determine if you are eligible to file a Chapter 13 bankruptcy. In the northern Texas area, if you believe that a Chapter 13 bankruptcy might be best for you, speak right away with an experienced Chapter 13 bankruptcy lawyer at the Law Office of Donald C. Nemec.
Going through a divorce is never an easy experience. Besides the emotional and relational difficulties involved, practical issues arise that could get messy. Who will keep the car or the house? How will valuable assets be divided? Of course, when children are involved, the situation can get even more complex. These and other concerns are why you need a compassionate Texas divorce attorney who will fight zealously for you and whom you can trust.
The Law Office of Donald C. Nemec can help you navigate your divorce proceedings with skill, speed, and sensitivity. We carry years of experience with hundreds of clients into every case, and we can assist you with yours regardless of your unique circumstances. Our talented team can help you avoid unnecessary delays and legal mistakes. We provide flat fees to ensure quality representation without financial strain. And because our lawyers focus on keeping up to date on changes in Texas family law, you can rest assured knowing that your case is in able, compassionate hands.
We can help you with your case whether you or your spouse have filed for divorce. What’s more, it doesn’t matter whether your legal situation is simple or complex. At the Law Office of Donald C. Nemec, we’ve seen it all and we can handle it all.
Here are some of the divorce-related issues we can help resolve within your case:
- Contested and uncontested divorce
- Divorce papers and records
- Distribution of property, assets and debt
- Child custody
- Child support
- Visitation rights
- Alimony / spousal support
Call the Law Office of Donald C. Nemec today ator book an appointment online to schedule a free consultation. One of our skilled attorneys will review your case, address your questions and concerns, and start you on the path to resolution and a fresh start.
Don’t go through the divorce process alone—too much is at stake for you and your family members. Let the Law Office of Donald C. Nemec stand with you and for you today.
WILLS, ESTATE PLANNING, AND PROBATE
Estate planning should be a priority for all adults, no matter their age, income or assets. Proper estate planning can protect not only your wishes, but also the best interests of your loved ones. At the Law Office of Donald C. Nemec, we have years of experience helping individuals create estate plans that fit their needs.
Practical Advice Based on Your Goals
The best estate plans accomplish the goals of the individual with minimal disruption or impact for his or her loved ones. Our attorneys have experience in a wide range of legal areas to guide you in creating an effective estate plan. We provide guidance to individuals in Fort Worth and throughout Texas with all aspects of estate planning, including:
- Tax strategies: Avoiding estate taxes is a common goal for many people in Texas, but it involves careful estate planning with the help of an experienced attorney to be effective.
- Charitable planning: Many people do not realize that they can leave their estate to a charity. With the right estate planning tools, you can leave behind an important gift.
- Business succession planning: It is important to plan of the future of your business now. Our lawyers will make recommendations and assist you with formulating a plan based on your goals.
- Advance directives: An advance directive power of attorney ensures that your loved ones know how you would like your medical care to be handled should you become incapacitated. Planning for these decisions now protects you and allows family or friends to avoid difficult decisions later.
- Wills: Wills are the foundation of many effective estate plans. We can assist you with creating a will that leaves no room for interpretation.
- Trusts: Trusts can be an effective way to protect your assets. We provide assistance in establishing revocable and irrevocable trusts, irrevocable life insurance trusts (ILITs) and other life insurance trusts, grantor trusts, generation-skipping trusts (GSTs), grantor retained annuity trusts (GRATs), and other trusts that may support your estate planning goals.
Call us today to schedule a time to speak with us about your estate planning needs, please call our office at or request an appointment online.
PARENTAGE AND CHILD CUSTODY
Parental responsibilities mean making important decisions for a child and spending time with them. The court usually decides who is awarded parental responsibilities when married parents divorce. If the parents were never married, parental responsibilities are determined by:
- The court deciding if a person is a legal parent of a child. This is called determining parentage; or
- One of the parents asking for child support or time with the child.
When a child is with a parent, that parent oversees day-to-day care for the child.
- Feeding the child
- Ensuring the child gets-up and goes to school
- Taking care of the child when the child is sick
- Making sure the child is clean and dressed
- Getting the child to activities
- Playing with the child
- Transporting the child to medical appointments
- Disciplining the child, if necessary
- Teaching the child responsibility (chores etc.)
- Arranging for someone to watch the child
You have probably heard the words custody and visitation. Texas does not use these words. Instead, the state uses the words “conservatorship” and “possession & access”.
- Conservatorship is used to describe the legal rights and responsibilities of a parent. A judge may give conservatorship to one or both parents. A judge can grant: sole managing conservatorship.
- Possession & Access has been standardized by the state legislature. However, the Law Office of Donald C. Nemec can work with you and the other parent to tailor a possession schedule that works best in your situation, if the standard possession order does not work for you. Terms of the basic standard possession order allow the noncustodial parent to have possession of the child a couple of hours every Thursday night; on the first, third and fifth weekends of each month; on alternating holidays, and at least one month in the summer.
GENERAL CIVIL LEGAL SERVICES AND LITIGATION
The Law Office of Donald C. Nemec can assist in a variety of areas of civil law. We often draft documents, provide legal consultations for individuals and businesses, and assist with general civil litigation.
Civil litigation is a legal dispute between two or more parties seeking monetary damages. Those involved in civil litigation are seeking money rather than having the other party punished criminally. There are many different disputes that can be involved in civil litigation, including:
- Personal Injury
- Workers’ Compensation
- Medical Malpractice
- Products Liability
- Construction Issues
- Real Estate Issues
- Mortgage Foreclosure
- Commercial Issues
- Contract Disputes
At the Law Office of Donald C. Nemec, we represent parties during trials, hearings, arbitrations, and mediations. Our attorneys are capable of handling litigation in local, state, and federal courts, so regardless of what kind of action is involved in your civil litigation matter, a lawyer from our firm will be able to help you. Your civil litigation attorney will be beside you throughout every step of the process, from the investigation, to the trial, to the settlement, and will do everything possible to resolve whatever legal issue you are facing.
CIVIL LITIGATION ATTORNEYS
A lawyer from our firm will assist you during all stages of a civil litigation action, should they all become necessary. These stages include investigation, pleadings, discovery, pre-trial, trial, settlement, and appeal. Not all stages are necessary in every case, but should any of these become necessary you can rest assured knowing that your attorney has the legal expertise necessary to effectively handle the situation. When involved in civil litigation, you have a lot to lose, so it is vital to have an experienced and skilled attorney with strong litigating abilities looking out for your best interests.
Some individuals and businesses choose to handle their own cases, without the assistance of a lawyer. We do not advise this approach. Without the proper legal training and knowledge, people involved in civil litigation can make mistakes or be taken advantage of, thereby suffering a loss that would never have occurred if they had had the proper representation.
Contact us for a free case evaluation.
Callor send us a message using the form below. We will review your situation and contact you with a plan of action!