Law Office of Diane St. Yves, PLLC FindLaw IM Template 2026-09-29T04:49:34Z https://www.styveslaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1502700/2022/02/cropped-favicon-yves-s-32x32.png On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[When can parents alter a child custody arrangement?]]> https://www.styveslaw.com/?p=47360 2026-09-29T04:49:34Z 2026-09-29T04:49:34Z Children grow and change, and existing custody arrangements sometimes no longer reflect their best interests. When that happens, co-parents often need to revisit the existing orders and ask for a modification.  However, courts generally limit how often parents modify custody plans, partly to maintain stability in the children's lives. Parents generally need to prove to a judge that they are experiencing substantial life changes before a custody arrangement can be altered. Here are a few examples of situations that qualify:

A parent is moving 

People frequently move to find better housing or job opportunities. When a co-parent moves, however, that can impact their custody rights (or the rights of the other parent) – particularly if the move is far away.  For example, a parenting time schedule that rotates weekly may no longer be feasible. 

There are health difficulties

Sometimes one co-parent will develop physical or mental health issues that make it difficult or impossible for them to effectively care for their children. It may be necessary to ask the court for supervised visitation or something similar.  In other cases, the child’s health may be at issue. If a child has a severe, chronic health condition that requires a lot of equipment, for example, it may not make sense (or even be safe) to move all of that equipment back and forth between houses for every visit. 

Safety concerns develop

This can cover a broad range of issues, ranging from physical abuse to emotional abuse – or even refer to a parent who has developed a substance abuse problem. It may also refer to situations involving one co-parent’s new spouse or partner, if that person has a history of domestic violence or other problems. Professional legal guidance can help parents alter their child custody arrangements – or defend against unnecessary and burdensome requests. ]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[Estate planning to limit the risk of adult guardianship]]> https://www.styveslaw.com/?p=47354 2026-09-18T22:15:26Z 2026-09-18T22:14:58Z For many adults, the main concern during estate planning is ensuring the support of their loved ones. They make arrangements to distribute their assets to specific beneficiaries and may name people to care for their dependents. For others, estate planning is about protection and comfort during their golden years. Estate planning can help people ensure they qualify for key benefits or protect their assets from recovery efforts that could leave them financially insolvent later in life. Proper planning can also reduce the likelihood of an involuntary guardianship.

One document can limit guardianship risk

The courts generally only establish an adult guardianship in cases where there is clear documentation that an individual has medical issues that prevent them from acting in their own best interests. Many people who are healthy and independent throughout their adult lives are vulnerable to guardianship due to decline as they age. The basic estate planning documents many people draft do not necessarily address this specific situation. Instead, a specific document is necessary to prevent an involuntary adult guardianship. Durable powers of attorney allow people to designate a trusted person to act as their attorney in fact or agent. While other documents may lose their legal authority when the person who drafted them becomes permanently incapacitated, durable powers of attorney remain in effect until a person recovers from their condition or dies. People can take control of their circumstances by choosing who provides them with support in an emergency situation instead of depending on whoever pursues that authority when the time comes. Reviewing existing estate planning documents can help people find gaps in their legal protection and update their documents as necessary. Proper planning can help people age with dignity and can reduce the risk of the wrong people assuming financial or medical control.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[What affects child support for a self-employed parent?]]> https://www.styveslaw.com/?p=47351 2026-09-18T13:10:45Z 2026-09-18T13:10:45Z Business income and expenses Your business revenue does not automatically equal the income used to calculate child support. Texas law includes self-employment income when determining your net resources, while allowing deductions for ordinary and necessary expenses required to produce that income. A court may also look more closely at certain tax deductions when deciding whether they accurately reflect the income available for support. For example, a business owner who brings in $200,000 in revenue cannot necessarily treat the entire amount as personal income. The calculation accounts for appropriate costs involved in producing that revenue.

Income from other sources

Income outside your business can also affect the amount of support you pay. Texas law includes several types of income and resources, including:
  • Interest and dividends
  • Net rental income
  • Bonuses and commissions
  • Retirement benefits and pensions
  • Capital gains
These especially matter when you have a business plus investments, rental properties or other significant sources of income.

Financial records

Accurate records help establish what you actually earn through self-employment. Tax returns, business statements and account records can help show revenue, expenses and other income. Keeping these records organized can also help address questions about income that does not appear on a traditional paycheck.

Fluctuating business income

Your income may change throughout the year, so Texas law generally calls for an annual calculation of gross income when feasible and then averaged into monthly income. That approach can help account for seasonal work or months when your business earns unusually more or less than usual.

Other financial resources

Your overall financial resources can matter when your business income does not tell the whole story. A court may consider resources such as investment income, rental income and other amounts you actually receive when determining the resources available for support.

Take a closer look at your financial picture

Self-employment does not automatically lower or increase your child support obligation. Your business income, allowable expenses, other income and financial records can all affect the calculation. If you have a business or multiple income sources, reviewing those records with an attorney can help you understand how Texas child support rules may apply to your situation.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[Can the start of school signal the end of your marriage?]]> https://www.styveslaw.com/?p=47282 2026-09-04T18:44:53Z 2026-09-04T18:44:53Z new divorce filings. Correlation isn’t causation. However, there are several things that are likely behind the pattern.

Summer vacation may have been the final attempt to make things work

Many struggling couples enter summer hoping that a vacation together and a renewed effort toward the relationship will reignite the missing spark in their relationship or get them back to a place where they remember why they’re together in the first place. Sometimes, the change of pace and a chance to reflect helps – but sometimes it just makes the problems in the marriage more evident. A disappointing (or disastrous) vacation can be revealing. Arguments over how to spend time and resources, parenting styles and goals can illustrate just how far a couple has drifted apart emotionally, physically and ideologically. By the time school starts back up, one or both spouses may be ready to call it quits.

The school schedule provides some breathing room

With the kids back in class, the logistics of divorce may feel more manageable. Parents have more opportunity to discuss the situation, review financial issues and talk about custody schedules and living arrangements without interruptions and without the kids overhearing. That can make it easier to sort through some of the details of divorce. The school routine, too, offers some much-needed stability when everything else is changing or uncertain. Although divorce is still disruptive, the predictable pattern of school days and bedtime schedules can help parents create a workable transition plan.

It’s the last clear opportunity to make a change before the holiday season

Early fall may also feel like the last practical opportunity to begin the divorce process before the holiday season arrives. Once Halloween passes, Thanksgiving and the winter holidays follow quickly. Couples who wait may feel pressured to postpone difficult decisions so they do not disrupt traditions, travel plans or family gatherings. There’s no “right” time to file for divorce, but if you’re seriously thinking about the options, it may be time to speak to a family law attorney about your situation.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[SSA expands the list for compassionate allowances]]> https://www.styveslaw.com/?p=47280 2026-08-25T14:42:50Z 2026-08-25T14:42:50Z When someone applies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, they’re usually told to settle in for a significant wait – but some conditions are so severely disabling that they’ve been “fast-tracked” as part of the Compassionate Allowance program. The Social Security Administration uses its Compassionate Allowances initiative to identify applicants whose medical conditions clearly meet its disability standard. In August 2026, the agency added 14 conditions to the Compassionate Allowances list, bringing the total number of listed conditions to 314.

How does a Compassionate Allowance work?

A Compassionate Allowance does not require a separate disability application, and it does not provide a different benefit. Instead, Social Security’s system may automatically identify a qualifying diagnosis when reviewing an SSDI or SSI application and flag the claim for expedited processing. These claims may sometimes be approved based simply on the medical confirmation of the diagnosis, so long as the applicant meets the nonmedical eligibility requirements.  The 14 newly recognized Compassionate Allowance conditions are:
  • Primary cardiac sarcoma
  • Warburg Micro syndrome
  • Lafora disease
  • CASK-related gene disorders
  • Uveal melanoma with metastases
  • Aicardi syndrome
  • Hepatosplenic T-cell lymphoma
  • OPHN1 syndrome
  • Beare-Stevenson cutis gyrata syndrome
  • Malignant migrating partial seizures of infancy
  • Primary intracranial malignant melanoma
  • Adenylosuccinate lyase deficiency, neonatal form and Type 1
  • Bohring-Opitz syndrome
  • Baraitser-Winter syndrome
The expansion is significant because many of these are extremely rare disorders. Without a specific listing, an applicant could face additional requests for evidence or a longer review while Social Security evaluated the condition’s effects. For someone living with an aggressive cancer, rare genetic disorder or other devastating condition, that delay can create an especially serious hardship. Applicants for SSDI or SSI should include complete treatment information, physicians’ contact details, test results and diagnostic records with their initial applications, whenever possible. If a serious condition is overlooked or a claim is not properly flagged for expedited consideration, an attorney can help communicate with Social Security and address problems that may be delaying a decision.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[Priorities for older divorcing spouses]]> https://www.styveslaw.com/?p=47277 2026-08-02T14:58:51Z 2026-08-02T14:58:51Z fair property division settlement. You’ll also need a fair division of your retirement savings.

Spousal maintenance

Further, it’s crucial to determine whether you are eligible to receive spousal maintenance (alimony) if your and your spouse’s income and/or earning potential differ significantly. Under Texas law, if the marriage has lasted for at least ten years, a spouse generally has an easier time seeking support than after a shorter marriage -- if they don’t have “the ability to earn sufficient income to provide for…minimum reasonable needs.”

Social Security retirement benefits

If you’re getting close to or are in your 60s (even if you don’t plan to retire any time soon), you should consider how Social Security retirement benefits will factor into your financial future. You can start taking benefits (which are based on your lifelong earnings record) when you reach 62. However, the amount of monthly benefits you’re entitled to increases the longer you wait to start taking them – up to full retirement age, which is around 67 for most people. You may have heard of Social Security spousal benefits. It’s important to know that if you opt to get those, which are based on your spouse’s earnings record, you can’t take your own benefits. Unless your spouse has earned far more than you over the years, you’re probably better off taking your own. It’s wise to learn more about how these benefits are paid and how much you’re estimated to receive even if you have some more years left before you’ll be collecting them at the SSA.gov website. Finally, just as you and your spouse will have separate legal professionals representing you in your divorce, it’s smart to get your own financial, tax and other professional advisors as well. You’ll want people who have no shared allegiances and will provide support based on what is best for you uniquely as you prepare for this next phase of your life.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[What happens when someone dies without a will in Texas]]> https://www.styveslaw.com/?p=47275 2026-07-29T17:17:24Z 2026-07-29T17:17:24Z Who inherits under Texas intestacy laws Under Texas Estates Code Chapter 201, asset distribution depends on family ties, marital status, and the type of property involved. If the deceased was married and all children belong to both spouses, the surviving spouse inherits all community property. In blended families where children from a prior relationship exist, the surviving spouse keeps their own half of community property, but the deceased's half passes to the children rather than the spouse. Separate property follows different rules. Personal separate property splits one-third to the surviving spouse and two-thirds to the children. For separate real estate, the spouse holds a life estate in one-third of the property, with children receiving the remainder interest. When no spouse survives, children inherit equally. If no children survive, the estate passes to parents, and from there the hierarchy extends to siblings, grandparents, and more distant relatives. Consider this example: if someone dies with a spouse and two children from a prior marriage, the spouse keeps her half of community property. The deceased's half goes directly to the two children, not to the surviving spouse.

What the probate process involves

When no will names an executor, the court appoints an administrator to manage the estate. This person identifies assets, settles debts, and distributes property according to state law. The process typically takes several months and requires ongoing court oversight. Texas probate courts oversee this process and require administrators to post a bond and maintain detailed records, which adds time and expense compared to estates with a valid will in place.

How families can prevent intestacy problems

A will gives people direct control over how their assets are distributed and allows them to name guardians for minor children. Even modest estates benefit from basic planning documents, and regular updates ensure the will remains current as family circumstances change. Blended families and unmarried partners face particular challenges under intestacy rules, making advance planning especially valuable. If you have questions about protecting your family from the complications of intestate succession, an estate planning attorney in Texas can help you put the right documents in place.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[How can a prenuptial agreement help protect your business?]]> https://www.styveslaw.com/?p=47274 2026-07-17T20:30:52Z 2026-07-17T20:30:52Z Establishing clear terms from the start Texas is a community property state, which means certain assets acquired during the marriage may be considered marital property or jointly owned by the spouses. Even if your business was established during the marriage, its growth, income or increased value may be subject to division. A prenuptial agreement allows you and your future spouse to define how the business will be treated. The agreement can identify the company as separate property and establish expectations regarding ownership rights and responsibilities. It can also specify how any increase in value will be calculated and divided, if at all. This clarity can help reduce the likelihood of future disagreements and prevent situations where business decisions become entangled in divorce proceedings.

Don’t leave your business to chance

Building a business takes years of sacrifice, and protecting it deserves the same level of care. You do not want its future to depend on assumptions or uncertainty when proactive planning can help protect what you’ve worked so hard to achieve. Having experienced legal guidance can help you create a personalized prenuptial agreement that holds up under Texas law and is aligned with both your personal goals and your long-term business interests.]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[What is a springing power of attorney?]]> https://www.styveslaw.com/?p=47273 2026-06-29T14:16:41Z 2026-06-29T14:16:41Z In general, a power of attorney is a document that gives an agent the ability to act on another person's behalf. A financial power of attorney may allow that agent to access their bank accounts or pay their bills, for example. A medical power of attorney allows them to authorize medical treatments and work with doctors or nurses. A springing power of attorney just means that a specific condition has to be met before the power of attorney applies. This condition is what causes it to "spring into effect." For example, many people draft a power of attorney and state that it only goes into effect if they have been declared medically incapacitated. This could happen after a heart attack, a stroke or mental decline due to Alzheimer's or dementia, for instance. Only once they are incapacitated does their agent take over.

What is the benefit of a springing power of attorney?

The benefit of drafting the document this way is that the agent steps in when they are genuinely needed. If the condition is never met, they never have to take any steps on the other person's behalf. This means that a person can draft a power of attorney well in advance. Just because they choose a medical agent today does not mean that they give up the right to make their own medical decisions. That agent only gains that power once the individual in question has been declared incapacitated and cannot make those decisions themselves. It is crucial to know exactly how to set up a power of attorney if you want to use one in your estate plan. An experienced estate planning attorney can assist with this process.  ]]> On Behalf of Law Office of Diane St. Yves, PLLC <![CDATA[How is child support calculated in Texas?]]> https://www.styveslaw.com/?p=47276 2026-08-02T06:09:28Z 2026-06-29T06:08:30Z How do Texas courts calculate child support? Texas primarily bases child support on the paying parent's monthly net resources rather than both parents' combined income. Net resources may include:
  • Wages and salary
  • Self-employment income
  • Commissions and bonuses
  • Retirement income
  • Certain disability benefits
The court subtracts eligible deductions, such as taxes and health insurance premiums, before applying the guideline percentages.

What are the guideline percentages?

Texas generally applies the following percentages based on the number of children before the court:
  • One child: 20%
  • Two children: 25%
  • Three children: 30%
  • Four children: 35%
  • Five children: 40%
  • Six or more children: At least 40%
These guidelines apply in many cases, although the court may adjust support when appropriate.

Can the court order a different amount?

Yes. Judges may deviate from the standard guidelines if applying them would not serve the child's best interests. Factors the court may consider include:
  • The child's medical needs
  • Educational expenses
  • Special needs
  • Parenting time arrangements
  • Other children the parent supports
  • Significant differences in the parents' financial circumstances
Every family's situation is unique, so support orders can vary.

Can child support be modified?

Child support orders are not always permanent. Either parent may request a modification if there has been a substantial change in circumstances. Examples include:
  • Job loss
  • Significant increase or decrease in income
  • Changes in custody
  • Increased medical or educational expenses
A court must generally approve any modification before it becomes legally effective.

Why legal guidance matters

Although Texas provides guideline calculations, determining child support is not always straightforward. Income calculations, deviations from the guidelines and modification requests can become complicated. An experienced Texas family law attorney can explain how the law applies to your circumstances, help ensure financial information is accurately presented and advocate for an outcome that supports your child's best interests while protecting your legal rights.]]>