A Property Division Lawyer Austin, TX Trust Explains Division of Intellectual Property and Spousal Support in a Divorce
Intellectual property has been defined as an idea, process, or invention derived from the mind or intellect of the creator. Professionals often have issues with intellectual property division during their divorces. Our Austin, TX lawyers at The Law Office of Ryan S. Dougay can help professionals such as:
- Artists
- Architects
- Software Engineers and Coders
- Inventors
- Songwriters
- And others
If the intellectual property was created during the marriage, it may be considered marital property and it may be subject to division based on the divorce laws of your state. Because state laws vary on divorce and property division, it is best to contact an experienced property division lawyer who has dealt with intellectual property before.
Why Intellectual Property Is Subject to Division
Generally speaking, any property that was earned or created during the marriage is considered in division. If it was created prior to marriage then it should be considered individual property and may not be included in the marital property. State laws vary so it is always best to consult a property division lawyer. You want to go in as prepared as possible.
How Is Intellectual Property Usually Dealt With?
Intellectual property is divided into four categories:
- Royalties
- Trademarks
- Patents
- Copyrights
In a divorce, your property will either be subject to community property division or equitable division. This depends on the divorce laws of your state. Community property division splits a marital estate right down the middle. Equitable division divides the estate based on what the court decides each spouse deserves.
There are two methods to determine the value of the intellectual property in regards to the marital estate. One way is to have the property appraised and then divide that value between the spouses based on court order or negotiation. This is final and can help both of you avoid future stress of financial cooperation. The second is to agree on a value in your divorce agreement to split future earnings. These are paid out as long as there is profit with each spouse earning an agreed upon percentage.
Consult a Property Division Lawyer
Divorces are usually messy and can result in a lot of hurt feelings and financial woe. Consider consulting a property division lawyer Austin, TX clients recommend first and foremost about any concerns you may have regarding your pending divorce and asset division. Call us today to help you plan for your future.
The Repercussions of Owing Spousal Support
A spousal support and property division lawyer Austin TX clients recommend understands that regardless of which partner initiated the marriage ending, divorce can be a devastating event for both spouses. Spouses who are looking for legal advice before, during or after their divorce settlement can benefit from consulting with an Austin spousal support and property division lawyer from The Law Office of Ryan S. Dougay. We understand how complex a separation can be, in addition to the emotional or financial setbacks following a divorce being finalized.
During the divorce settlement, the topic of spousal support may come up if one spouse is in need of financial help in order to transition into becoming self-sufficient. The spouse who ends up having to pay spousal support, also referred to as alimony, is likely not going to be very happy about having to make payments to their ex. He or she may even go as far as intentionally ignoring spousal support requests. A spousal support and property division lawyer Austin TX residents turn to from The Law Office of Ryan S. Dougay can help you take action against your former partner for not making payments on time, or at all.
If your spouse is neglecting to make payments due to disagreeing with the court order, there may be serious repercussions for such behavior. A spousal support and property division lawyer Austin TX community members rely on can help pursue back spousal support through the court system.
Seizure of Assets
If a spouse who owes spousal support disobeys an order they are in fact violating court orders. A judge can choose to submit an order in which the spouse’s estate is confiscated and used as a form of alimony payment.
Garnishment of Wages
The court may decide to take money out of the spouse’s regular paychecks. An employer will receive notice of the wage garnishment and must follow accordingly. In this way, the alimony can be paid on time and at a regular interval. Wage garnishment is not effective for unemployed or self-employed spouses. If the spouse is unemployed, he or she can be ordered by the court to look for employment. A judge can award the spouse in need a portion of the paying spouse’s financial bank accounts or other assets, which were declared during the divorce settlement.
The support amount owed in addition to interest will eventually be given to the spouse in need. The spouse needing support will also be reimbursed for any attorney fees accumulated while trying to get an alimony payment.
License Suspension
If the paying spouse fails to make payment or show up to court hearings, he or she can be faced with the possibility of driver’s license being confiscated. If the paying spouse has a passport, that can be taken away as well. By taking identification away, it disrupts the spouse’s ability to continue on their daily routine in hopes of motivating him or her to make payments.
Contact a Spousal Support and Property Division Lawyer Austin TX Families Depend On
We understand how complicated the issue of alimony can become, especially if the paying spouse neglects to follow court orders. A spousal support and property division lawyer in Austin, Tx from The Law Office of Ryan S. Dougaycan help you file a petition to hold your former spouse accountable for lack of payments. Please do not hesitate to give a spousal support and property division lawyer Austin TX provides a call to schedule a free initial consultation.