The Enos Law Firm
17207 Feather Craft Lane, Webster, Texas 77598
(281) 333-3030 Fax: (281) 488-7775
E-mail: greg@enoslaw.com Web site: www.divorcereality.comPlease forward this e-mail newsletter
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Greetings!
I am ending 2012 on a positive note before I start the new year by calling for the removal or resignation of a certain judge who is the subject of a criminal complaint I have filed and many, many complaints filed by others with the Commission on Judicial Conduct.
We have a lot to be proud of in our family courts. For every complaint or suggestion for improvement I can make, I have a dozen compliments for hard working, dedicated judges who know and follow the law.
In this issue, I describe the ideal family law judge and briefly describe a recent article on why marriages and romantic relationships usually change after the first two years.
Most importantly, I provide an eye-opening paper on how to handle 401(k) retirement accounts in divorces. I can almost guarantee that some of the things you thought you knew about how 401(k) accounts are characterized, valued and divided in divorces is wrong. Click here to download the paper on 401(k)'s in PDF format. I intend to follow this article up with a series of similar papers on pensions, IRA's, and state and local government retirement plans.
Lastly, I want to thank all of the attorneys and many judges who have been so very supportive during this past year of this newsletter and my humble efforts to seek improvement in our family courts. Here is one of many recent e-mails I have received from attorneys:
Greg - I appreciate what you do. I am sure there is a price to pay for you, but at least you have the guts to say and bring to the public domain what so many of us know and talk about but do nothing but complain to our colleagues. Kudos to you.
I do not expect to win every case. I just want an efficient system in which my client gets a fair hearing by a judge who works hard, knows the law, and does not play favorites. I also expect judges to appoint qualified amicus attorneys who zealously look after children (and actually visit the kids in their homes). Is that asking too much? Stay tuned.
Greg Enos (281) 333-3030 greg@enoslaw.com
Yo, your honor, the Mongoose is watching you!
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The Ideal Family Law Judge
I do not just complain about what is wrong in the family courts. I also appreciate the amazing good that our judges and their staffs do to help families and children.
Forty years ago, teenage boys in Austin would spend hours discussing their ideal female back in the days before the Internet, when the three television channels only ran shows that were PG or G. One might suggest that "she" should have the face of Brooke Shields, the hair of Farrah Fawcett and the body of Raquel Welch, for example. If I were to apply the same process to describing the ideal family court judge, I would dream of:
- A judge who works as hard day in and day out as Jim York and who treats all visitors to court, the rich and poor, the big shot lawyer and the newest attorney, with the same equal friendliness that Judge York shows to those who appear before him.
- A judge who insists that his court be as lawyer friendly as Judge Lombardino, with coffee and use of the jury room and Wi-Fi the judge provides and even sometimes use of a judge's computer to type an agreed order.
- A judge who runs a court with efficient friendliness like Judge Farr, who commands respect though consistent fairness and knowledge of the law and procedure.
- A judge who can get through a 62 case docket in the morning like Judge Dean by herself and who applies the same common sense perceptiveness to the parents and grandparents and teenagers who appear before her.
- A judge like Judge Judy Warne, who not only knows the law, but applies an intellectual vest for learning and discussing the law.
- A judge like Conrad Moren or Robert Newey, who remains calm and unflappable when the lawyers and parties are all going emotionally beserk before them.
- A judge like Roy Moore, who will not take B.S. from any lawyer or party and who can so very effectively pucker the backsides of those rare miscreants who deservedly receive a blistering chewing out.
- A judge like Bonnie Hellums, who will patiently describe her policies and procedures (however detached from logic or reality they might be) each morning and who detests chewing gum like I do.
- A judge like Lisa Millard, who embraces new technology (and who someday will have a free scanner at the clerk's desk for handwritten agreements to be e-filed).
- A judge like Randy Huffstedler, who is such a fundamentally good and likeable person at heart that you cannot help but smile when someone mentions his name (a reaction I do not have when the names of some other judges come up).
- A judge like Barbara Roberts or John Grady, who still remembers the realities of practicing law by busy attorneys with multiple clients; who expect professionalism but understand the occasional mistake.
- A judge like Steve Baker, who is consistent and predictable - two qualities that are hugely important to lawyers who spend so much of our time trying to anticipate the likely outcome in court so that we can advise our clients on settlement and trial tactics.
- A judge like Suzanne Schwab Radcliffe, who can hear a case presented by an attorney like me (who has so publicly disagreed with the very existence of her part-time judge's job) and still treat the attorneys and parties with consummate fairness and professional courtesy.
- Most importantly of all, a judge like Jan Yarbrough, or David Farr or Judy Warne or Roy Moore, and most of those listed above (and their associate judges), who try so hard to make fair decisions of such great importance and who make amicus appointments based on merit and not on political connections.
Though Provoking Article on Romance, Marriage and "Hedonic Adaptation"
A few weeks ago, the New York Times ran an interesting story on the limited shelf life of romantic love. Scientists have confirmed that newlyweds enjoy a big happiness boost that lasts, on average, for just two years. Then the special joy wears off and they are back where they started, at least in terms of happiness. This article explores the concept of "hedonic adaptation" and explains why many marriages (and perhaps law partnerships) change after about 24 months. Click here to read the complete New York Times article. 401(k) Retirement Accounts in Divorce The most common retirement account we deal with in divorces are 401(k) accounts. Surprisingly, many attorneys and some judges do not understand some of the basic legal principles involved in dividing 401(k) accounts in divorces. I have written a brief article which addresses the five most common questions that arise in divorces regarding 401(k) accounts. Click here to download the article in PDF format and I bet you will read something you did not know about 401(k) accounts.
The questions this paper answers are:
1. What is the proper method to determine how much of a 401(k) account is community property and how much is separate property? A lot of lawyers are using the wrong method to calculate how much in a 401(k) account is separate property.
2. Should the value of a 401(k) account be reduced because it has not yet been taxed? Often, lawyers make this argument but I explain why in almost all cases, the 401(k) balance shown on the statement is the amount that should be used and not some lower amount reduced by a mythical tax rate.
3. How does the attorney show a 401(k) loan on the community property spreadsheet? A 401(k) loan is a debt and a receivable which cancels itself out mathematically, but it should still be accounted for and shown on the property division spreadsheet.
4. What is the correct way to word a settlement agreement that divides a 401(k) account? We all use forms for divorce decrees that address most of the vital issues in dividing retirement accounts. However, our informal settlement agreements and mediated settlement agreements often fail to address the fundamental matters the plan administrator must know in order to divide the account. I provide specific sample language for settlement agreements to avoid later fights over entry of decrees and QDRO's and calculations of the amounts each spouse is to receive.
5. What are the procedures and tax implications for dividing a 401(k) account in a divorce? Too many attorneys wait until the very last moment to obtain the information needed to draft QDRO's, even if they farm that chore out to specialists. The forms suggested by the Texas Family Law Practice Manual for obtaining information from plan administrators asks for way too much. I provide a short, specific form letter for obtaining just what is needed from the 401(k) plan and specific procedural steps for getting a QDRO drafted, entered and approved.
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Proper Citation Form For Unpublished Court of Appeals Decisions
Memorandum decisions in civil cases from Texas Courts of Appeals may be cited as authority in briefs and pleadings. I checked with no less an authority than Nina Indelicato, Chief Staff Attorney at Fourteenth Court of Appeals, on the correct citation form for these unpublished decisions (assuming you, like most attorneys, do not use or have access to Westlaw). The proper citation form for an unpublished civil decision is:
In re Marriage of Green, No. 05-11-00127-CV (Tex. App. - Dallas 8/19/11, no pet.)(mem. op.).
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Beware of attorneys serving the dark forces of injustice!
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Attorney Greg Enos has been through his own divorce and child custody battle (he won) and understands what his clients are going through. Enos graduated from the University of Texas Law School and was a very successful personal injury attorney in Texas City before he decided his true calling was to help families in divorce and child custody cases. Greg Enos is active in politics and in Clear Lake area charities. He has served as President of the Bay Area Bar Association and President of the Board of Interfaith Caring Ministries.
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Attorney Greg Enos
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 Is resistance really futile?
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