Family Law

what states do not enforce alimony?

What States Do Not Enforce Alimony?

Alimony, often referred to as spousal support or maintenance, is a court-ordered provision of financial support from one spouse to another after the dissolution of their marriage. But, what states do not enforce alimony? This article aims to explore which states do not enforce alimony and will especially focus on the state of Texas. Alimony and State Laws Generally, courts grant alimony when one spouse earns significantly more than the other and the court decides the lower-earning spouse needs financial assistance during or after a divorce. The specific alimony laws vary by state, including how the state calculates and enforces the alimony. Some states strictly enforce alimony while others have looser regulations, with a few not enforcing alimony at all. States Not Enforcing Alimony Alimony enforcement and regulations can greatly vary across states, with some states such as Texas, Mississippi, Utah, and North Carolina, demonstrating a more restrictive approach to this matter. Let’s take a closer look: Texas  Recognized for its stringent alimony rules, Texas rarely grants alimony. The court will only consider awarding spousal maintenance if the spouse seeking support can convincingly show that they cannot meet their basic reasonable needs or if a specific condition impedes their ability to work. Mississippi Mississippi’s stance on alimony is noticeably reluctant. As per Mississippi law, courts only award alimony if one spouse demonstrates a significant need for financial assistance and the other spouse has the financial capacity to provide it. Interestingly, Mississippi doesn’t adopt a predefined methodology for determining the amount and duration of alimony payments. Instead, it approaches each case individually. Utah In Utah, the duration of alimony payments is strictly limited. Alimony can’t exceed the length of the marriage, and it’s a requirement that the spouse seeking support has earnestly tried to become self-supporting. Additionally, Utah law stipulates that alimony payments should not exceed the recipient’s necessary living expenses. North Carolina North Carolina grants alimony if one spouse is financially dependent on the other. However, the law in North Carolina includes a specific caveat: if the dependent spouse engaged in marital misconduct such as adultery, there is a rebuttable presumption against the award of alimony. Typically, the duration of alimony payments in North Carolina is restricted to half the length of the marriage. Despite these restrictions, it’s important to note that even in states where alimony is typically limited or infrequently awarded, courts may still order spousal support when circumstances demand it. For a comprehensive understanding of your rights and obligations related to alimony in your specific state, it’s advisable to consult an experienced family law attorney. What Are the Worst States for Alimony? Certain states are known for their particularly burdensome alimony laws, often making them challenging for the spouse obligated to pay alimony. Here’s an overview of some states frequently deemed as the “worst” for alimony: Florida Florida’s regulations allow for lifetime alimony, making it often viewed as one of the most difficult states for alimony. This means, irrespective of any change in circumstances, a spouse who has been ordered to pay alimony might be obligated to continue payments for life. Florida also has a high threshold for modifying alimony payments, making it tough for payers to find relief if their financial situation changes. New Jersey Another state often criticized for its alimony laws is New Jersey. Here, a spouse could be required to pay alimony indefinitely, which means for the rest of their life. Moreover, New Jersey courts often resist to requests to change or end alimony payments, even if a party’s financial status drastically alters. Massachusetts Massachusetts has a reputation for having some of the highest alimony rates in the US. In some cases, alimony awards given by Massachusetts courts exceed the recipient’s actual expenses, creating a challenging situation for the payer to meet their other financial obligations. Pennsylvania Often, people consider Pennsylvania one of the worst states for alimony due to its vague guidelines for calculating alimony payments. Consequently, it can be hard for alimony payers to predict their obligations, as alimony awards can vary widely from one case to another. Understanding the alimony regulations in your state is crucial for anyone facing a divorce. Given the complexities of these laws and the significant financial implications, seeking professional legal advice is always a wise move. Spotlight on Texas Among all the states, Texas stands out for its unique approach to alimony. In Texas, alimony, known as “spousal maintenance,” is not easily granted. The Lone Star State maintains strict criteria for awarding spousal maintenance. The state’s goal is to ensure that it is only provided in cases of real necessity. In Texas, for the court to consider spousal maintenance, the spouse seeking support must prove one of the following: Even when the court grants spousal maintenance, it has definite limitations. The amount cannot exceed $5,000 per month or 20% of the payer’s average monthly gross income, whichever is lower. Moreover, there is a limit on the duration of spousal maintenance payments, typically ranging from 5 to 10 years. Closing Thoughts Texas may not completely fall into the category of states not enforcing alimony. However, it certainly stands out for its rigid regulations concerning spousal maintenance. This strict approach aligns with the state’s philosophy of personal responsibility and self-reliance. Moreover, it emphasizes that alimony should be a last resort, not a default outcome. It’s essential for individuals dealing with divorce proceedings to understand the specific laws and regulations in their state to navigate this complex process effectively.

how can a father lose visitation rights in texas

How Can a Father Lose Visitation Rights in Texas?

Family law’s complexities vary significantly from one state to another. In Texas, understanding these intricacies is crucial, particularly when dealing with parental rights. This guide focuses on how a father might lose visitation rights in the Lone Star State. What Does Losing Visitation Rights Mean? Parental rights in Texas cover both legal and physical custody, including visitation rights. When terminated, the parent loses all privileges to participate in the child’s life and ceases any obligation for child support. Who Can File a Termination of Parental Rights Case? Understanding who can initiate a termination of parental rights case after a divorce is crucial in family law proceedings. In Texas, several parties may have the authority to file such a case. Keep in mind that the process of terminating parental rights is complex and severe, and should only be pursued when it is in the best interest of the child. It’s always advisable to seek legal counsel when considering this course of action. When Can a Father Lose Visitation Rights? Texas courts prioritize the child’s best interest in custody cases. If a father’s involvement is detrimental to the child’s well-being, the court may terminate visitation rights. Here are the key reasons this might happen. Abuse or Neglect The most common cause for terminating parental rights in Texas is abuse or neglect. A single act of either could potentially prompt the court to terminate a father’s visitation rights. Sexual Assault In cases where sexual assault led to the conception of the child, Texas law allows for the termination of parental rights due to the severity of the act. Abandonment Abandonment is a key reason for termination. If a father leaves his child alone for at least six months with no intention of returning, it can lead to the loss of visitation rights. Criminal Behavior Criminal behavior can have serious implications for visitation rights. If a father’s criminal conduct puts the child’s physical or emotional well-being at risk, the court may revoke visitation rights. Endangering the Child A father can lose visitation rights if he knowingly endangers the child’s physical or emotional well-being, even if the conduct isn’t considered criminal. Legal Process and Proof While these reasons are clear, proving them in a court of law requires solid evidence. Termination of visitation rights in Texas is a last resort, taken only when necessary for the child’s safety and well-being. What Gets Decided in a Termination of Parental Rights Case? Terminating parental rights is a serious legal step, so it’s essential to know what gets decided in such a case. In Texas, the decision to terminate a father’s visitation rights revolves around several key factors. If the court decides in favor of termination, the father loses all legal rights and responsibilities to the child. This includes the right to make decisions about the child’s life, the right to visitation, and the obligation to provide child support. The termination is permanent, meaning the father can’t regain his rights unless the court’s decision is successfully appealed or overturned. The decision to terminate parental rights is complex and has far-reaching implications. Thus, it is not taken lightly by the court and should not be pursued without serious thought and legal advice. So, How Can a Father Lose Visitation Rights in Texas? Circumstances such as neglect, abuse, sexual assault, abandonment, or criminal behavior can lead to a father losing visitation rights in Texas. However, the child’s best interest is paramount in any court decision. If you’re dealing with a complex family law situation, seek legal advice. Remember, every father has the right to a fair hearing. If you’re facing the risk of losing visitation rights, engage a legal professional who can guide you through this process. Note: This article does not provide legal advice and is intended for informational purposes only. For personal advice, consult a legal professional in Texas.

Texas Standard Possession Order

The Texas Standard Possession Order

As we navigate the intricate landscape of family law, one phrase you’ll frequently encounter is the “Texas Standard Possession Order” (SPO). This court order is essential in defining the rights and duties of parents in regard to the possession of and access to their children after a divorce or separation.  In this article, we at The Law Office of Aishah McCoy aim to provide you with an informative, reader-friendly understanding of the Texas Standard Possession Order, its implications, and its importance in maintaining a stable environment for your children. What is a Texas Standard Possession Order? A Texas SPO outlines the visitation rights and schedule for the noncustodial parent. This parent does not have primary custody of the child. Crafted with consideration for both parents’ rights and the child’s welfare, the SPO serves as a blueprint for how both parents will continue to participate in their child’s life. Key Elements of a Standard Possession Order (SPO) Understanding the details and stipulations of an SPO can seem overwhelming. But, they are designed to be fair, straightforward, and mindful of the child’s well-being. The Importance of the Texas Standard Possession Order The SPO plays a vital role in ensuring the child’s life remains stable and predictable following the separation of their parents. The order defines when and how the child will spend time with each parent, thereby establishing a routine and minimizing potential conflicts over custody and visitation. It helps to ensure that both parents remain actively involved in the child’s life. Need Help With a Texas Standard Possession Order? Navigating through family law matters can be challenging. However, understanding the key concepts like the Texas Standard Possession Order can make the process less daunting. At The Law Office of Aishah McCoy, we work to help you understand these complexities and guide you through every step of the process. The information provided here is designed to offer an educational overview of the Texas Standard Possession Order. Each family’s situation is unique. So, it’s important to tailor the SPO to best fit the needs of the child and parents involved. For personalized advice and support in handling your SPO, do not hesitate to reach out to us. Remember, when it comes to matters of family law, you are not alone. We are here to help.

what is child support used for?

What Is Child Support Used For?

The family law system recognizes the pivotal role both parents play in providing for their children’s needs, even when the parents no longer share a household. One crucial aspect of this is child support. This is a legally mandated financial contribution typically made by the noncustodial parent towards the custodial parent to assist in meeting the child’s everyday expenses. Many people often ask, “What is child support used for?” The answer, while comprehensive, can be distilled down to a few key categories that fall within the purview of the child’s well-being. Child maintenance is designed to cover a broad spectrum of costs related to raising a child. It’s not simply a payment towards food and clothing, though. It extends much further, encompassing many essential elements of a child’s upbringing. Housing One of the primary uses of child support payments is to contribute towards housing costs. This includes not just the mortgage or rent but also utilities like electricity, water, and gas. By helping maintain a safe and comfortable home environment, child maintenance payments help ensure a child’s security and stability. Food and Clothing The support payments are also used for essential needs like food and clothing. The cost of groceries, school lunches, or new shoes as a child grows are examples of expenses that are typically covered. The aim is to ensure the child is adequately fed and appropriately dressed, contributing towards their health and dignity. Medical Care Child support usually helps cover the child’s medical expenses, including health insurance premiums, co-pays, and out-of-pocket medical costs. This includes routine healthcare like annual check-ups, vaccinations, and dental visits, as well as the treatment of any specific health conditions the child may have. Education Support plays a pivotal role in financing the child’s education. From school fees to necessary supplies like books and uniforms, these payments contribute significantly towards giving the child a robust education. For older children, child maintenance may even help with the costs of extracurricular activities, tutoring, or college preparation. Transportation Transportation costs are another element that child support typically covers. These costs might involve maintaining a vehicle (like gas, repairs, and insurance), or it could mean public transportation costs to school, doctor’s appointments, or extracurricular activities. Entertainment While it may surprise some, the law does not earmark child support not solely for the necessities. It can also cover the cost of recreational activities that contribute to a child’s overall happiness and well-being. This could mean fees for a sports league, costs of music lessons, or even an occasional movie outing. Childcare For working parents, child support helps to offset childcare costs. This can include daycare, babysitting, or after-school programs that provide a safe, supervised environment for the child while the custodial parent is at work. It’s important to remember that these payments are not meant to be a punitive measure but a way to ensure both parents contribute towards raising their child in the best possible manner. Each state, including Texas, has guidelines to calculate child support payments. These calculations account for the income of both parents, the number of children, and the specific needs of the child. What Is Child Support Used For? Supporting The Life of Your Child If you’re navigating the complexities of child support, it’s essential to understand what it is meant to cover. Moreover, you should know how it contributes to your child’s well-being. Legal guidance can make this process more manageable, providing clarification on obligations and rights under the law. At the Law Office of Aishah McCoy, we’re committed to helping our clients understand the nuances of child support. For further advice tailored to your unique circumstances, don’t hesitate to reach out to our experienced team. Remember, child support is about the child’s best interests – ensuring they have the resources they need to grow, thrive, and succeed.

How Much Is Child Support in Texas?

How Much Is Child Support in Texas?

Child support is a key element in ensuring the comfort and stability of your child’s life in a divorce. If you’re wondering, “How much is child support in Texas?” we’re here to guide you through the process. Let’s explore the factors that influence child support calculations in the state of Texas. Understanding the Child Support Guidelines in Texas In Texas, the child support guidelines are primarily determined by the Texas Family Code. This system aims to make the child support process fair and equitable, considering factors like income, expenses, and the child’s needs. According to these guidelines, child support is calculated as a percentage of the noncustodial parent’s net resources. Determining the Noncustodial Parent’s Net Resources The first step in calculating child support in Texas is identifying the noncustodial parent’s net resources. This involves taking the total earnings of the noncustodial parent and subtracting certain statutory deductions, such as the following. Applying the Child Support Percentage Once the net resources have been established, a percentage is applied based on the number of children. The Texas Family Code outlines this as follows. These percentages apply to the first $9,200 of the noncustodial parent’s net resources. However, if the noncustodial parent has other children to support, these percentages might be lower. Considering the Child’s Best Interest In some situations, the court might deviate from these guidelines to meet the child’s best interest. Factors that might lead to this include the following. Modifying the Child Support Amount It’s important to note that a child support order is not set in stone. The noncustodial parent can request a review of the ordered amount every three years or when there is a substantial change in either parent’s income. When Does Child Support End in Texas? One of the frequent questions we encounter is, “When does child support end in Texas?” Knowing when your obligations or entitlements cease is important for planning and stability. In Texas, the general rule is that child support ends when the child turns 18 or graduates from high school, whichever happens later. If the child turns 18 before graduating from high school, child support continues until high school graduation. Conversely, if the child is still in high school when they turn 18, support continues until graduation. However, there are a few situations where child support can extend beyond this point. Here are some examples. Remember, terminating child support is not an automatic process. You must take legal steps to end child support payments officially. Failure to do so could result in continued accumulation of arrears. So, How Much Is Child Support in Texas? In essence, child support in Texas is determined based on the noncustodial parent’s income and the number of children they’re obliged to support. Understanding how much child support could be in Texas isn’t a straightforward process, but the Law Office of Aishah McCoy is here to help you navigate through it all. Remember, each situation is unique, and while the state guidelines provide a general framework, the actual amount can vary. It’s crucial to get legal advice tailored to your specific circumstances to ensure the best possible outcome for your child. For more information or if you have any questions about child support in Texas, please feel free to contact our office. Our experienced attorneys are ready to guide you through the legal process and ensure your child’s best interests are served.

postnuptial agreements in texas

Postnuptial Agreements in Texas: A Comprehensive Guide 

An increasingly common tool in modern marriage and family law is the postnuptial agreement. Many know it for providing financial security and peace of mind in uncertain circumstances. This article will help you understand the ins and outs of a postnuptial agreement in Texas, particularly in light of Texas state law. What Is A Postnuptial Agreement? A postnuptial agreement, often referred to as a marital agreement or partition and exchange agreement, is a legally binding contract entered into by a married couple after their wedding day. Similar to a prenuptial agreement but signed after marriage, this contract details the distribution of assets, liabilities, and responsibilities in case of a divorce or death of a spouse. It aims to reduce potential conflicts, ensuring that both parties are protected and the assets are divided fairly. Why Do Couples Need A Postnuptial Agreement? Couples opt for postnuptial agreements for a variety of reasons. Some couples initially forget or choose not to enter a prenuptial agreement before marriage and later realize its importance. Others may face substantial changes in financial circumstances, such as an inheritance, a career leap, or starting a business, and wish to clarify the ownership of these new assets.  Still others may choose a postnuptial agreement as a way to address marital strife over finances, to assure fair distribution of assets in the event of death, or even as a tool for estate planning. Understanding Texas Postnuptial Agreements Texas is a community property state, which means, without an agreement to the contrary, all assets acquired during the marriage are considered jointly owned by both spouses. A postnuptial agreement can provide a different method of property division, giving the couple more control over their assets. Postnuptial agreements in Texas follow the Uniform Marital Property Act, which means they must be written and voluntarily signed by both parties. Oral agreements are not recognized. Full and fair disclosure of assets is also required, with the aim to protect both parties. If one party doesn’t provide full disclosure, it could lead to the agreement being considered unenforceable. These agreements can cover a range of matters However, they cannot include child custody or child support issues as these are subject to the court’s jurisdiction, prioritizing the best interest of the child. Enforceability of Postnuptial Agreements in Texas In Texas, postnuptial agreements are legally enforceable provided they meet certain criteria. Both parties must fully understand the agreement, and it must be entered into without coercion or duress. Any form of fraud, undue influence, or unconscionable terms can render the agreement unenforceable. Moreover, it’s vital to note that the agreement must not promote divorce. It cannot incentivize or reward the act of dissolution. Such an agreement would be seen as contrary to public policy and likely be invalidated by a Texas court. The Importance of Legal Counsel When considering a postnuptial agreement, legal counsel is essential. Each party should have their own attorney to ensure their interests are protected, and they fully understand the agreement. An attorney can help draft an agreement that is comprehensive, clear, and enforceable. Working with an experienced family law attorney like those at the Law Office of Aishah McCoy ensures your postnuptial agreement complies with Texas law, properly represents your wishes, and stands up in court if necessary. We take the time to understand your unique circumstances and tailor the agreement to your specific needs. Need Counsel from a Family Attorney? A postnuptial agreement in Texas can be a valuable tool to safeguard your financial future and minimize potential conflicts. Understanding its purpose, enforceability, and legal requirements in Texas is the first step towards achieving peace of mind in your marital journey. At The Law Office of Aishah McCoy, we have the expertise to help you navigate the complexities of postnuptial agreements. Our commitment is to ensure that your rights are protected and your best interests are served. This article is a comprehensive resource, but it doesn’t replace personalized legal advice. Are considering a postnuptial agreement? Contact us for a consultation, and let us help you navigate this important process.

texas divorce law

Understanding Texas Divorce Law: What You Need to Know

Divorce can be a difficult and emotionally charged process, but it’s important to understand the legal aspects involved. Texas divorce law can be complex, and it’s crucial to have a knowledgeable and experienced divorce attorney on your side to guide you through the process. In this blog post, we’ll provide an overview of Texas divorce law and what you need to know. Grounds for Divorce in Texas In Texas, there are both fault and no-fault grounds for divorce. No-fault grounds are the most common, and they include: Fault-based grounds for divorce include: Division of Property Texas is a community property state, which means that any property acquired during the marriage is considered community property and is subject to division in a divorce. Community property includes assets such as real estate, bank accounts, investments, and retirement benefits. However, there are some exceptions to this rule. Property that is inherited or received as a gift by one spouse during the marriage is considered separate property and is not subject to division. Additionally, any property that was acquired before the marriage is also considered separate property. Child Custody and Support When it comes to child custody, Texas courts focus on the best interests of the child. Custody can be joint, where both parents have equal rights and responsibilities, or sole, where one parent has primary custody and the other has visitation rights. Child support is calculated based on a number of factors, including the income of both parents and the needs of the child. The parent with primary custody typically receives child support payments from the other parent. Spousal Support Spousal support, or alimony, is not automatically awarded in Texas divorces. However, a court may order spousal support if one spouse has been financially dependent on the other during the marriage and will have difficulty supporting themselves after the divorce. Getting Help with Your Divorce Divorce can be a challenging and emotional process, but having the right attorney on your side can make all the difference. At the Law Office of Aishah McCoy, we have years of experience helping clients navigate the complexities of Texas divorce law. We understand that every divorce is unique, and we will work closely with you to understand your specific needs and goals. Whether you are seeking a no-fault divorce or need help with property division, child custody, or spousal support, we can help. Contact us today to schedule a consultation and learn how we can assist you with your Texas divorce.

cohabitation agreement

Crafting a Cohabitation Agreement That Works

If you’re in a committed relationship but don’t have plans for marriage, a cohabitation agreement can offer similar legal protections as a prenuptial agreement. Keep reading to find out if this legal contract is suitable for your needs. Sharing a rented or mortgaged property with another person can sometimes lead to disputes, such as disagreements over rent or mortgage payments if one person decides to leave before the lease or mortgage term ends. These disputes are more likely to arise when you’re living with someone as an unmarried couple. That’s because you’re not just roommates but also a couple cohabiting as an alternative to marriage. If you’re in a relationship where you’re living together but not married, it’s worth considering a cohabitation agreement to clarify each person’s rights and responsibilities and to prepare for potential disputes in the future. A cohabitation agreement can provide you with legal protection and peace of mind during a separation. What Is a Cohabitation Agreement? A cohabitation agreement is a contract between unmarried couples that outlines their rights and responsibilities. As long as the agreement is not coerced and doesn’t contain anything illegal, it is generally enforceable in court. However, it’s important to note that the enforceability of cohabitation agreements may vary by state. A well-drafted cohabitation agreement should protect both parties and cover financial aspects, such as property and asset division, in the event of a breakup or death. It can also address non-financial matters, such as custody and visitation rights of children. It’s crucial to ensure that the cohabitation agreement is fair and balanced to avoid potential challenges in court. What’s the Difference Between a Cohabitation Clause and a Morality Clause? It’s essential to distinguish a cohabitation agreement from a cohabitation clause, also known as a morality clause, which is often included in divorce agreements involving children. A cohabitation clause typically prohibits either party from having a romantic partner stay overnight while the children are present. Violation of this clause can affect custody arrangements, depending on local laws. As laws regarding cohabitation agreements and clauses can vary, it’s advisable to consult with a qualified attorney to ensure that any agreement or clause is legally valid and enforceable in your jurisdiction. What Does the Agreement Cover? A typical cohabitation agreement may cover various aspects, such as: Is a Cohabitation Agreement Legally Binding? In general, cohabitation agreements are legally binding if they meet certain requirements. To be legally binding, an agreement must typically satisfy the following conditions: Final Thoughts In Austin, TX, cohabitation agreements can be legally binding if they meet the necessary requirements, such as voluntary consent, legal capacity, consideration, and compliance with legal formalities. It’s important to ensure that the cohabitation agreement is fair, balanced, and not against public policy to increase its chances of being enforceable in court.  Furthermore, it’s crucial to seek legal advice from an experienced family attorney to ensure that the cohabitation agreement complies with the specific laws and regulations of Austin, TX, and to protect the rights and interests of all parties involved.

Wills vs. Trusts

Wills vs. Trusts

Take control of your wealth distribution You work hard for your money and want to ensure that your wealth distribution goes according to your wishes upon death. Sadly, many people simply don’t understand the difference between wills and trusts and how they can affect inheritance. Don’t be one of them! Take control of your wealth distribution by understanding what wills don’t control and the benefits of a trust. 5 Things a Will Does Not Control  Most people believe that a will encompasses and controls all of your assets. That is simply not the case. Proper asset ownership for will-based plans can be confusing. However, the bottom line is that a will only controls assets in individual names; it does not control:  While having a will allows you to avoid having a court decide who gets what, a trust can generally protect you even further.  5 Benefits of a Living Trust There are many benefits to a living trust, including these five: There are many types of assets which can be funded into your trust, such as real estate, bank accounts, investment accounts, and intellectual property rights. Others might include: It’s important to work closely with your estate planning attorney to make certain that all of your assets are distributed according to your wishes – and done so with the least amount of cost and time delay. Contact us today for more information about wills, trusts, and other financial planning issues and let us help you decide what’s best for your situation!

Kids Going Away To College?

Kids Going Away To College?

Why you should include estate planning in the preparation You may have been running around for weeks, getting your new college student off to school. It’s exhilarating, and your heart likely is bursting at the seams. You’re probably prouder than you can say, but you’re a little afraid, too. How can you make sure your kid is going to be safe at school, so far away from home? A new Bed Bath and Beyond matching sheet set for the dorm sounds great, but it just doesn’t seem like quite enough, does it? So what else can you do?  Actually, there is something, probably not yet on your to-do list, that absolutely can make all the difference. Bring your child to a local estate planning attorney. You’ve probably focused on the fact that, having graduated from high school, your kid’s an adult now—meaning that your child’s going to spread her wings. But what is essential to remember: At 18, a college student may still want her mom and dad her side if she gets sick, but legally, decisions for medical care are hers alone. If she were say, unconscious from a serious car accident, a parent couldn’t authorize medical care without first going to court. And it would be up to a judge, if her parent would be considered an appropriate guardian. We don’t want to worry you, but the unfortunate reality is that, every year, some quarter of a million people between 18 and 25 wind up in the nation’s hospitals, according to Forbes, and their parents are often locked out of critical decisions.  Therefore, experts recommend that everyone over the age of 18 have a basic estate plan that includes a will or trust, a power of attorney, and medical directives that would allow someone they trust to take act on their behalf, if they aren’t able to. Here are some things to take care of before you send your kid away to college: A FERPA Release: The Family Educational Rights and Privacy Act is designed to protect college student’s privacy, but it can leave parents locked out in an emergency. A properly worded release allows school officials to talk with you and release your child’s records to you. A HIPAA Authorization: The Health Insurance Portability and Accountability Act was designed protect a patient’s privacy. Consider having your child signing an authorization so that—just in case—any necessary doctors can talk to you about your child’s condition, care, and treatment. A Durable Financial Power of Attorney: This is a legal document that allows you to take care of your child’s checking or savings accounts, pay bills, etc., if the child’s unable to—whether due to illness or even just location (for example, if the school is on the other side of the country).  A Durable Power of Attorney for Healthcare: Like the financial version, this allows you to handle medical decisions for your child, if your child is unable to do so. A Will: At first glance, this may seem a little silly for the average broke college kid. But there could be a lot of hidden complexities: The average American has some 90 online accounts, for instance. Does your child have thoughts about who should manage and close down those social media accounts? Monitor emails? Who should get the Xbox or a bank account? It’s also a great time in your young adult’s life to instill responsibility by encouraging them to think about this early in life. We’ve been helping families attain peace of mind for years. Reach out to us today to protect your new college student and your family. 

Scroll to Top