Riviera, TX Divorce Law Firms & Lawyers

I would contact the Plan Administrator for your prior Husband's Pension. Every Pension has their own set of rules. As a general rule, however, if your Husband did not elect to create a 'separate estate' for you under his Pension (there would have been a cost for this), then his Pension would have died with him. Pensions do not operate like 401k's.

She is not necesarily breaking any law but, under the right facts and circumstances, might become a party to a lawsuit for fraudulent transfer or for participating in and encouraging your husband's breach of fiduciary duty.In most instances, however, the court will simply compensate you in the division of your marital estate for the value of the gift.As an aside, if your husband has given a car that is community property to his girlfriend, he has most likely spent other money on her as well.  An audit or forensic accounting ought to be done of all of your accounts to determine if he has given more than just a car to her, and a claim for reconstitution of the community estate ought to be plead in your divorce proceeding.

Generally you will need to include child support.  Your Judge may be different. Usually a Judge will order the non-custodial parent to pay child support to the custodial parent even if that parent prefer that the court not order support.  The Judges work for the State of Texas and the State of Texas has an interest in ensuring that the custodial parent has  funds to take care of the child without having to rely on the State for health insurance (Medicaid or CHIPs) or other State aid.   If you prepare a final decree that does not require the payment of support and the provision of health and dental insurance, the Judge may send you back to the drawing board when you show up to finalize your divorce, or the Judge may ask you if you have the means to support the child.  In agreed divorces where the parents are each going to have the child about fifty percent of the time, some couples will agree to no child support.  If you are each able to support the child during the period you have the child in your possession, then you will be more likely to convince the court to sign your decree.   I would, however, recommend that you include a child support order and wage withholding order as part of your divorce.  I see too many people come in requesting modification of decrees where the parties had agreed to no support in the divorce, but have found that the non-custodial parent does not contribute financially, and the child and custodial parent are struggling as a result.