Do not let a divorce affect your children

Our law firm does not promote divorce, but sometimes its necessary! We say this because, many times spousal abuse, infidelity, cruelty and others allow our firm to represent the victims. In all cases, the children are affected by family divorce and the adults need to be conscious of this.

We have helped thousands of family in Texas to cope with divorce specially when children are involved. We remind all parties that "they are divorcing their spouses, not the children." Our San Antonio lawyers will insure that the children are protected and that all parties are counsel as to "the best interest of the children."

When possible, children's environment should be left unaltered during separation and subsequently during divorce. We encourage this to all parties. If you or a loved one is facing divorce, come see us. Our lawyers will treat you with respect and dignity. This is why we say, we care about your legal needs!

Pre-Authorization of UCC 1 Financing Statement

The typical loan/credit scenario unfolds that a creditor will run various credit checks on a potential debtor and, as part of that search, will run a search of all existing UCC financing statements on the debtor. After approval, the creditor will then prepare documents, set up the customer, and prepare whatever business preparations are necessary for that creditor's line of business. The credit department, having done its due diligence, then green lights the transactions knowing that they are holding a first lien position and away we go.

However, this particular scenario can cause some probems since many things can happen to the debtor after they apply for credit and before the actual purchase of the goods intended by the loan transaction. Even setting aside those nefarious characters out there, even honest business people, particularly when setting up a new business, are applying for credit at all sorts of institutions. So what is a prudent credit department to do?

Well, best practices would dictate that not only should a creditor "re-check" the UCC statements and credit reports prior to first shipment (depending on the length of time of the delay that is typical between that business approving credit and first delivery), there is one other way to ensure the best lien position possible. What is that?

Pre-filing the financing statement (UCC-1).

In Texas and under UCC 9-509(a)(1), a creditor can pre-file a UCC-1 financing statement with authorization from the debtor. What's more, the "first in time" rule, even if the transaction is later consummated, would allow the creditor to be ahead of any subsequent filed similar UCC-1 financing statements (unless they have special priorities, like purchase money security interests).

So how does one get authorized? Well, there must be some intent from the debtor to grant some future security interest, so getting the debtor to sign a "pre-authorization" letter (or you could include same conspicuously in your initial credit application) should do the trick. Basically, if the debtor authorizes the pre-filing in writing, you will meet the standards of 9-509(a)(1). A simple signed letter can also do the trick. Now it should be noted that you will still have to terminate the financing statements according to the rules as if the transaction occured should the transaction not occur.

So don't wait for the loan file to be complete before filing your UCC-1's...file the financing statement at the very beginning and establish / lock in your security interest priority.

Did Texas Execute an Innocent Man? Court of Inquiry Into Execution of Cameron Todd Willingham Starts Today - Maybe

A two-day hearing is scheduled to start this afternoon in our state capital - actually in the 299th District Court in Travis County Courthouse down in Austin - and it's not your usual weekday hearing.  Today, an official Court of Inquiry is set to begin, brought pursuant to  Texas Code of Criminal Procedure Article 52.01(b)(2) and the motion filed by District Attorney R. Lowell Thompson of Corsicana. 

The purpose of the action?  To review the case of convicted arsonist/murderer Cameron Todd Williams in order to determine whether or not an innocent man was killed by lethal injection by the State of Texas back in 2004.

This is a big deal.  Of course, it's a big deal if an innocent man was executed -- but it's also a big deal that the Texas criminal justice system appears to be grading its own papers, instituting its own investigation into the matter.  Wow. 

Motion to Recuse the Presiding Judge Also Set to be Heard Today

Before you get ready to drive to Austin, wait a minute.  A challenge to the presiding judge has been filed, too.  Sometime this morning, it's expected that State District Judge Charlie Baird will rule on whether or not he'll preside over the Inquiry.  There are those that argue he shouldn't be involved - including the Navarro County District Attorney, who is seeking the recusal of Judge Baird. (Willingham was convicted in Navarro County - the prosecutor responsible for the conviction is seeking the recusal.)

However, it's curious because Judge Baird's role is not fact-finder: under Article 52.01(b), he must request that the district's presiding judge appoint another judge to review the evidence.  Baird doesn't have that job.

The recusal motion is set for 10:30; the inquiry, at 1:30 this afternoon.  Many are expecting a delay due to the recusal request. 

Of particular note:  Judge Baird has experience in handling a court of inquiry.  He oversaw the court of inquiry into the conviction of Tim Cole (of Fort Worth). 

Result:  Tim Cole was exonerated, posthumously.  (For details on Tim Cole's case, check out our earlier post.)

Was Cameron Todd Willingham Innocent?

Mr. Willingham went to his death never veering from his claim of being innocent of the murders of his three children, Amber (2 years old) along with 1 year old twins Karmon and Kameron, by arson in a fire that killed all three of them as they slept in their Corsicana home back in 1991.  Willingham was tried, convicted, and executed in 2004. 

Numerous respected experts have reviewed the arson investigation and determined that the case against Willingham was filled with errors and based upon outdated methodology. 

What Does This Mean for Us? 

This level of public scrunity into the justice system doesn't happen everyday - grading the papers long after the case is over, and in this instance, the man is dead.   If the State of Texas executed an innocent man, it's a travesty.  However, the fact that it isn't been swept under a rug -- that the system is checking itself -- this is a good thing for Texas. 

Need a family lawyer, come and see us!

Our San Antonio Lawyers have been helping people in Bexar County with their family law issues. We do this because, we care about your legal needs! When you are facing family issues in your family, you need advice and counsel.

For most of us, our family members will try to give us that advise, but most of the time, it’s not the best legal one. Families will look after one another, sometimes without knowing the legal consequences. Although family advice is crucial, legal advice its indispensible.

So, when your need a family lawyer, come and see us at The Baez Law Firm, P.C. Let our lawyers fight for your rights! Let us advise you on the best course of action on your case. We have helped thousands of families’ resolve their legal issues, including reconciliation between spouses.

We are not only divorce lawyers, we are lawyers that care about families and values. We care about your legal needs!

Question "I make minimum wage & I can't pay child support"

On law guru.com I just answered a common question so I thought I'd post it here.  I've answered this question approx. 100 times and I thought I'd post it here.



The "basic" question is this:

The father makes minimum wage.

The mother makes $75,000/year

Father can't afford to pay the court ordered child support.

Father is complaining that Mom does not need his child support.

Father can't afford to pay his rent or buy food.



Here is my quick answer since http://www.lawguru.com/ is a free place for people to ask lawyers questions.

Child support is based on YOUR income.

In fact, child support is NOT based on income.

Child support is based on NET RESOURCES.

Net resources is your income from ALL SOURCES OF INCOME - so if you do any odd jobs, have any investments, pawn a watch to get cash, sell a car to get cash, get any money from friends, family, girl friends, etc. it goes toward your child support.

Mom's income is irrelevant.

For one child - child support is 20% of your net resources.



I suggest that you go to the TX A G child support website and read about child support.  There website is written for the general public and it is actually very informative.



There are many websites on TX Child support. Be sure to read only about Texas child support.



There are even child support "calculators" that are even "somewhat" accurate. Do not rely totally on these free "calculators". However, they will give you a general idea of what you should be paying in child support in the State of Texas.



The more minor children that you can prove to the Judge that you financially support, you get to reduce the percentage of support for the child(ren) in front of the Judge in this case.



 The TX A G website had the "official" chart that attorneys use to calculate child support.

Believe it or not, The TX A G is the agency appointed by the Texas Legislature to set the child support chart each year. 



The chart is in the TX Family code.  The TX Family Code is on the internet.  Go to any major search engine, like GOOGLE, and look for it. 

You cannot get c.s. lowered - you pay c.s. based on YOUR income - not hers.



FYI: THIS IS REALLY IMPORTANT SO READ THIS CAREFULLY!!!!

Child support comes BEFORE anything else - rent, food, etc.

Child Support survives YOUR death.

When you die, it becomes a debt of your estate.

If you inherit any money, the TX A G will intervene and "grab" the money if you are seriously past-due in your child support.

you cannot declare bankruptcy and make your past-due child support "disappear".

Also, be careful with anything using your social security number (bank accounts, etc) the TX A G computer will "grab" the money if you are EVER late with a payment WITHOUT ANY NOTICE!!! Then you will have checks bouncing!! (Yes, it happens all the time!!!)

When you retire, if you owe any child support, it will come out of your Social Security check!

 

In summary, child support is the debt that NEVER goes away!