In Texas, income created during the marriage is considered community property. Community property must be shared with one’s spouse during a divorce. Gambling winnings gained during the marriage are considered community property even if the gambling was funded by one spouse’s separate property. In other words, even if a lottery ticket is purchased with one spouse’s separate money, the winnings must be shared with the other spouse. Additionally, interest payments received during the course of a marriage are also considered community property.  If you win big before you are married, your spouse is entitled to share in the interest gained on your winnings from the date of marriage until the date of divorce (unless a carefully drafted prenuptial agreement is entered into by both parties prior to marriage). Winnings received after the marriage, however, belong completely to the spouse who purchased the ticket, even if the ticket was purchased the day after the divorce.  In a 2003 Texas case known as In re Marriage of Joyner, 196 S.W.3d 883 a man purchased a winning lottery ticket following the final hearing of divorce and won $2,080,000. The money was held to be his separate property.

If you are a father living in Texas, and you have possession of your children pursuant to a standard possession order, June brings great news: extra time to spend with your kids!

How does this work? A standard possession order grants visitation on the first, third and fifth weekend of every month. The last weekend in May, May 31-June 2, is considered the 5th weekend of May.  Therefore, the first weekend in June is June 7th– June 9th. That means you will have possession of your children two weekends in a row, during the fifth weekend of May and the first weekend of June.

The very next weekend, the second weekend of June, is Father’s Day. Father’s Day means additional periods of possession for Texas dads. Most fathers are entitled to spend the entire Father’s Day weekend with their children, making Father’s Day the third weekend in a row that you will have possession of your kids.

The 3rd weekend in June is June 21st-June 23rd and the standard possession order is in effect, making this weekend the fourth consecutive weekend that you will have possession. Happy Father’s Day to all Texas dads, and for those with standard possession orders, enjoy this June gift of more time with your children!

Summary Of Visitation For Dads (June – 2013)
May 5th Weekend May 31st-June 2nd
June 1st Weekend June 7th- June 9th
June 2nd Weekend – Father’s Day June 14th-June16th
June 3rd Weekend June 21st-June 23rd

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The material obtained from this site is not intended to be legal advice. Please consult an attorney for advice regarding your own legal situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

 

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