Friedman Law Office FindLaw IM Template 2026-07-16T15:30:29Z https://www.texarkanalegal.com/feed/atom/ WordPress /wp-content/uploads/sites/1200935/2019/09/cropped-site-icon-1-32x32.jpg On Behalf of Friedman Law Office <![CDATA[Can you withhold support if the other parent denies visitation?]]> https://www.texarkanalegal.com/?p=49496 2026-07-16T14:27:31Z 2026-07-16T15:30:29Z Why withholding support may create more problems If you stop paying court-ordered child support, unpaid amounts may build up with interest. You could also face enforcement steps, such as income withholding, liens or action against a license. The other parent’s failure to follow the possession and access order does not excuse missed support payments. Keep paying through the method listed in your order. The current order remains in effect until the court changes it or your duty ends under its terms and state law.

Use enforcement for denied possession and access

When the other parent blocks court-ordered time, you may seek to implement the court order instead of breaking the support terms. Start by reviewing your order for dates, exchange places and notice rules. Follow those terms as closely as possible. Keep a clear record of each denied visit. Note the date, time and place. Save texts, emails and other messages that show you were ready to follow the order. Witness names might also help explain what happened. An enforcement case could ask the court to address a failure to follow the possession and access order. The outcome depends on the facts, the wording of the order and the proof you present.

Keeping support and visitation issues separate

It might be wise to address child support and parenting time on their own terms. Continue making required payments and keep organized records of denied visits. These steps may help protect your position and prepare you to address future issues with possession and access.]]> On Behalf of Friedman Law Office <![CDATA[3 elements of money laundering prosecutors need to prove in Texas]]> https://www.texarkanalegal.com/?p=49495 2026-05-05T15:25:29Z 2026-05-05T15:25:29Z Facing a money laundering accusation is a serious matter. It puts your career, your freedom and the professional reputation you have worked hard to build all at risk. But a charge is not a conviction.  To win a case against you, the state must prove three specific elements beyond a reasonable doubt. Thus, understanding those elements gives you a clearer picture of where you stand.

What is money laundering in Texas?

Money laundering is a white collar crime under Texas law. It involves handling money or assets that stem from illegal activity. The goal is typically to make those funds appear to come from a legitimate source.  Texas law treats this offense seriously, and penalties can be substantial. Therefore, knowing how the law defines this crime is an important step in understanding your situation.

Three elements prosecutors must prove

Now that you understand what money laundering means under Texas law, it helps to know exactly what the prosecution must establish against you. To secure a conviction, the state must prove all three of the following elements beyond a reasonable doubt:
  • Criminal knowledge: The state must show that you were aware the money or assets came from criminal activity.
  • Intentional handling: The prosecution must prove that you knowingly acquired, possessed, transferred, transported or concealed the funds.
  • Transaction amount: The total amount determines the severity of the charge, ranging from a state jail felony for $2,500 to $30,000, up to a first-degree felony for $300,000 or more.
The prosecution must prove all three elements together. If it cannot establish even one of them, the case against you falls short. That is an important fact to keep in mind as you consider your next steps.

Protect your position and your reputation

As you can see, the state carries a significant burden of proof. That fact works in your favor. Every element the prosecution fails to establish creates an opportunity to protect your name and your future. This where the strength of your position often comes down to how well you understand the process and how clearly you can see your options. With the right information and the right people in your corner, you can face this situation with clarity and confidence.]]> On Behalf of Friedman Law Office <![CDATA[3 common mistakes in dividing marital property]]> https://www.texarkanalegal.com/?p=49492 2026-02-18T08:55:34Z 2026-01-30T10:30:00Z It is a terrifying moment when you realize that the wealth you built is about to be split. The fear compels you to actively ensure you are not outmaneuvered and your future financial security is protected. In Texas, most property acquired during marriage is community property. Common mistakes can reduce what you receive, so knowing these pitfalls helps you act early.

Mistake 1: Misunderstanding what community property means

Many people assume all property will be split in half. However, Texas is a community property state. This means courts divide the community estate as “just and right” under the Family Code. Separate property, like gifts, inheritances or assets you had before marriage, does not have to be shared. Texas presumes property held at divorce is community, but courts can award an unequal share. Courts can award a larger share based on fault, earning capacity, health or misuse of assets. You may need to track what you brought into the marriage and what you received individually to protect assets you already own.

Mistake 2: Undervaluing complex or non-liquid assets

High-asset divorces often include property that is not easy to value. For example, a business you owned before marriage generally remains separate. However, income, growth or contributions during the marriage can create community claims and dividing these increases can get complex. Overlooking their full worth can reduce your settlement. Common misvalued assets include:
  • Stock options or equity in a private company
  • Real estate with fluctuating market value
  • Retirement accounts, which may face taxes or penalties if withdrawn instead of properly transferred
Financial professionals may help value these assets fairly. Proper valuation ultimately works toward a division that reflects your rights under Texas law.

Mistake 3: Ignoring tax and long-term financial implications

Dividing property affects more than your finances. Transfers incident to divorce are often tax-free for federal purposes if done correctly, but selling later can trigger capital gains. Who claims children, head-of-household status and how you handle support can also affect your taxes. Texas has no state income tax, but federal taxes still matter. Considering these protects your long-term financial security.

The next chapter: Moving beyond division to financial security

Your wealth is worth fighting for. Focus on two things: keeping precise records of every asset and knowing the difference between community and separate property. With the right support to handle complex valuations and tax matters, you empower yourself to protect everything you have built.]]> On Behalf of Friedman Law Office <![CDATA[Can a sheriff choose not to enforce certain laws?]]> https://www.texarkanalegal.com/?p=49491 2025-11-14T15:35:58Z 2025-11-14T15:35:58Z Sheriffs in Texas help to enforce state law and they work to protect the public from criminal activity. A sheriff is not a standard law enforcement employee. They are an elected official with a duty to the public. Sheriffs are often responsible for handling safety issues and criminal matters that occur outside of a municipality that operates its own police department.  When sheriffs encounter what they perceive to be a criminal incident, they can take numerous different actions. Oftentimes, an alleged criminal incident leads to someone's arrest. Other times, a sheriff might use their discretion and decide that an arrest is not necessary. Those communicating with this kind of law enforcement professional might, therefore, assume that they can negotiate their way into more lenient treatment and avoid prosecution.  Does a Texas sheriff have the authority to decide when to uphold the law? 

Sheriffs have more authority than people may realize

Almost everyone understands that the sheriff has the authority to arrest someone or to execute a search warrant that they have obtained from a judge. They know that a sheriff's investigation could potentially lead to state prosecutors bringing charges against them. Oftentimes, a sheriff working in Texas wants to have a high arrest rate and a high solve rate for the crimes that they investigate. However, their first obligation is to the public, and sometimes they need to make counterintuitive decisions.  Perhaps there is some uncertainty about the implications of a newly-passed law. They might choose to defer enforcing that law until the courts clarify certain issues. Sheriffs can also reach their own conclusions about the constitutionality of a law, and they may choose to not actively enforce laws that they believe violate either the federal or Texas state Constitution.  In some cases, a sheriff might consider unusual factors that could complicate a criminal matter. For example, someone responding to claims of domestic violence might reach the conclusion that the incident was a case of reactive abuse. They may decide that an arrest is not necessary given what they observed about the situation. Understanding the authority of a sheriff and the rules that govern their job performance can make a difference to someone potentially facing criminal charges in Texas. Those with questions about this role and its implications can seek informed legal guidance at any time. ]]> On Behalf of Friedman Law Office <![CDATA[Can teenagers choose their primary residence during divorce?]]> https://www.texarkanalegal.com/?p=49459 2025-08-17T21:52:41Z 2025-08-17T21:52:41Z When do children's preferences matter to judges? Children of all ages may have wishes regarding parenting schedules, but they may not have the maturity to really understand the situation. As such, Texas imposes a minimum age for seeking a child's input in custody disagreements. Typically, children need to be at least 12 years old for their wishes to influence a judge’s determination in a contested custody scenario. Children do not automatically get to choose where they live or how the judge divides parenting time. Instead, they can communicate their preferences and the reasoning behind them. Judges can then choose how much weight to give the child's preferences in light of other details about family circumstances. Children who expressed a preference for a parent who provides less structure or gives them more gifts may influence the judge’s perspective less than those who have strong feelings based on an unhealthy dynamic with one parent or other practical concerns. The need to express custody preferences can be somewhat stressful for children, who may worry about their wishes negatively impacting their connection with one of their parents. In many cases, parents who want to limit the stress their children experience may need to consider settling custody disagreements instead of litigating. Understanding what factors judges must consider and how they evaluate a child's preferences in a contested custody case can help parents navigate what can be a stressful and emotional process in more informed ways.]]> On Behalf of Friedman Law Office <![CDATA[How does a prenuptial agreement affect asset division?]]> https://www.texarkanalegal.com/?p=49458 2025-05-15T13:54:12Z 2025-05-15T13:54:12Z A prenuptial agreement (prenup) is a legal contract made before marriage that outlines how assets and debts will divide in case of divorce. It ensures both parties understand their financial responsibilities and rights, especially during a separation. But how does a prenup affect asset division, particularly in Texas?

Clarifies separate and community property

In Texas, the law divides property into two categories: separate property and community property. Separate property includes assets owned before marriage or received as gifts or inheritances, while community property generally refers to anything acquired during the marriage. A prenuptial agreement can clarify which assets count as separate property, even if acquired during the marriage. This clarification prevents disputes over property division during divorce.

Protects individual assets

If you have significant assets or a business before marriage, a prenup can protect those from division during a divorce. Without a prenup, Texas law treats property acquired during the marriage, including increases in the value of separate property, as community property. A prenup helps keep those assets separate, ensuring they stay with the original owner if the marriage ends. This protection offers peace of mind, especially for those with high net worth.

Provides certainty and reduces conflict

A prenuptial agreement provides clarity about asset division during a divorce. By establishing clear guidelines ahead of time, both parties know what to expect. This can streamline the process and reduce stress. It also helps ensure that each party’s wishes are respected. A prenup won’t cover everything, but it can significantly influence how the court divides assets. Understanding its effects before signing can offer better financial security and control. In Texas, courts enforce prenuptial agreements when both parties voluntarily sign them, and the terms remain fair and reasonable when enforced.]]> On Behalf of Friedman Law Office <![CDATA[How does parental alienation affect custody rights?]]> https://www.texarkanalegal.com/?p=49457 2025-02-20T21:06:23Z 2025-02-20T21:06:23Z Parental alienation can turn custody battles into emotional battlegrounds, straining relationships and leaving children caught in the middle. When one parent manipulates a child to turn against the other, it can impact custody decisions. Courts take alienation seriously because it can harm the child’s emotional well-being and damage their relationship with both parents.

Signs of parental alienation

Parental alienation can take different forms, from subtle manipulation to outright false accusations. Common signs include a child refusing to see one parent without a clear reason, one parent badmouthing the other, or limiting communication between the child and the alienated parent.  If a court determines that one parent is engaging in these behaviors, it may lead to changes in custody agreements, reduced parenting time, or even a complete shift in custody to the alienated parent.

How courts view parental alienation

Judges prioritize the child’s best interests when deciding custody cases. If a parent’s actions disrupt the child’s relationship with the other parent, courts may view this as emotional harm. In Texas and Arkansas, a judge can modify custody if there is evidence of alienation. Courts may order reunification therapy or adjust custody to protect the child’s well-being.

Proving parental alienation in court

If you believe parental alienation is affecting your custody rights, gathering evidence is important. Text messages, emails, and witness testimony can help demonstrate a pattern of alienating behavior. Psychological evaluations may also be used to show how the alienation is affecting the child. Judges may appoint a guardian ad litem to assess the situation and make recommendations.

Consequences of parental alienation

Parents who engage in alienation risk losing custody or having their parenting time reduced. Courts may require therapy for both the child and the alienating parent. In extreme cases, judges may grant sole custody to the alienated parent to prevent further harm. Courts aim to ensure that children maintain strong relationships with both parents when possible.]]> On Behalf of Friedman Law Office <![CDATA[How does fentanyl affect drug prosecutions?]]> https://www.texarkanalegal.com/?p=49453 2024-11-18T17:35:11Z 2024-11-18T17:35:11Z Fentanyl has become a big problem across the United States, and the Ark-La-Tex region is no different. This very strong synthetic opioid is causing more overdose deaths, which has led law enforcement and prosecutors to change how they handle drug crimes.

The growing danger of fentanyl

Fentanyl is much stronger than other opioids, like heroin and morphine. Even a small amount can be deadly, which has caused a big increase in overdose cases. In the Ark-La-Tex region, law enforcement has been seizing more fentanyl in recent years as the drug has become more common in illegal markets. Because of how dangerous fentanyl is, authorities are focusing more on crimes related to it.

Harsher prosecution strategies

With the rise of fentanyl, prosecutors have started using tougher strategies for drug crimes involving this substance. Charges involving fentanyl often come with more severe penalties compared to other drugs, especially if large amounts are found or if the drug led to someone's death. Prosecutors in the Ark-La-Tex region now push for the maximum possible sentences in fentanyl-related cases to send a strong message about how dangerous this drug is.

Increased focus on trafficking

Fentanyl is often trafficked across state lines, making it a big issue for the Ark-La-Tex region, where Texas, Arkansas, and Louisiana meet. Law enforcement has put more effort into breaking up trafficking networks that move fentanyl. This often means both state and federal charges for the people involved, which can lead to more serious consequences, like longer prison sentences.

The role of harm reduction in prosecution

As fentanyl-related crimes keep rising, some prosecutors have also started to look at harm reduction approaches. These include encouraging treatment for people struggling with addiction instead of only focusing on punishment. However, harm reduction is still a secondary focus compared to the harsh penalties for major dealers and traffickers. The rise of fentanyl in the Ark-La-Tex region continues to be a challenge for law enforcement, prosecutors, and communities. To deal with these challenges, there needs to be a balance between strict enforcement against traffickers and support for harm reduction efforts to reduce the impact of this deadly drug.]]> On Behalf of Friedman Law Office <![CDATA[Defending your nonprofit: Strategies for embezzlement allegations]]> https://www.texarkanalegal.com/?p=49452 2024-08-12T15:24:53Z 2024-08-15T15:23:19Z Allegations of embezzlement in nonprofit organizations can have serious consequences. Learning how to address and defend against these claims is crucial to save your organization's integrity. 

Understand the nature of embezzlement

Embezzlement involves the misuse of funds by someone in a position of trust. In a nonprofit setting, this could be a board member, employee, or volunteer. It's essential to first verify the details of the allegation.  This means gathering all relevant financial records and documentation. Having accurate and complete records can help clarify misunderstandings. They also show that transactions were legitimate.

The importance of internal controls

Strong internal controls are your first line of defense. Implementing robust financial policies can prevent embezzlement and protect your organization if allegations arise. These controls might include:
  • Requiring multiple approvals for large transactions
  • Regular audits
  • Clear separation of duties among staff 
If your nonprofit can demonstrate that it follows strict internal procedures, it may help refute claims of financial misconduct.

Proper documentation and transparency

Transparency in financial dealings is key. Ensure you document all transactions and they align with the organization's mission. Regularly updating stakeholders and the board about financial matters can help maintain trust and support your defense against any allegations. 

Addressing misunderstandings

Sometimes, allegations stem from simple misunderstandings. In such cases, open communication can often resolve the issue. Engage with the concerned parties to discuss their concerns. Explain the organization’s processes and show them the relevant documentation. 

How to respond to allegations

If someone makes an allegation, it's crucial to respond promptly and professionally. Conduct an internal review to understand the situation fully. Cooperation with any investigations is important to demonstrate your organization’s commitment to transparency and accountability. 

Staying vigilant for the future

To prevent future allegations, regularly review and update your organization’s financial policies and procedures. By fostering a culture of transparency and accountability, your nonprofit can continue to focus on its mission while minimizing the risk of financial misconduct.]]> On Behalf of Friedman Law Office <![CDATA[How to separate assets and debts in a divorce]]> https://www.texarkanalegal.com/?p=49451 2025-02-13T02:25:38Z 2024-05-20T22:20:48Z Tally assets and debts The first step in dividing portfolios is to create a comprehensive list of everything the couple owns and owes. Assets include property, bank accounts, retirement funds, investments, vehicles and personal belongings. Debts are mortgages, credit card balances, loans and other financial obligations. Both parties must be honest during this stage.

Separate marital from personal property

Once everything is out in the open, distinguish between marital and personal property. Marital property includes assets and debts acquired during the marriage. Anything owned by either spouse before the marriage or acquired through gifts or inheritance is personal property.

Valuate assets

Determine the current market value of properties, vehicles, investments and other items. Professional appraisers provide accurate valuations for real estate and personal belongings. Collect bank statements and financial records to determine the worth of accounts and vested interests.

Equitable distribution versus community property

Divorcing couples have to follow the rules by which they reside. Arkansas, for example, is an equitable distribution state. For couples living there, everything gets divided fairly but not necessarily equally. Factors such as each spouse's income, contribution to the marriage and future needs influence the outcome. Other states, such as Texas, are community property states, where all marital assets and debts are split straight down the middle.

Negotiate

Both parties should discuss their preferences and attempt to reach a mutually acceptable arrangement. Compromise is often necessary to ensure both parties feel the deal is fair.

Finalize the agreement

Every divorce compromise needs approval from a court to make it legally binding. Among other details, the document should include specifics on any transfers of ownership or responsibility for debts. Separating wealth in a divorce can be tricky. Despite this, a fair division allows both parties to move forward and put the relationship in the past where it belongs.]]>