Child Custody and Child Support

When a marriage ends in divorce, child support payments begin.  The formula used in Texas depends upon a number of factors.  The court system bases the total amount payable on a percentage of the net income of the responsible parent.  The percentage changes depending on the number of children and whether or not the parents agree.

Calculating Child Support Payments

When computing the amount to be paid by the parent, the factors used include the following items:

  • Total wages or salary and other payments for services such as commissions, overtime pay, tips, and bonuses. It makes no difference whether the parent works for a company or for his or her self.
  • Dividends, interest, and royalties paid on stocks, bonds, and other financial papers.

In order to calculate the exact amount to be paid, the courts use a specified set of guidelines.  Some areas of the guidelines may be questioned and bartered.  Make sure your lawyer is experienced in this area.

Making Payments

One of the options provides cash payments to the custodial parent at a specified time during each month.  However, if you don’t wish to pay cash, your lawyer can offer a few of the available alternatives. Although not paid directly to the custodial parent, a part of child support monies includes such payments as medical insurance or college funds.  Each contribution must be decided during the divorce proceedings. A qualified divorce lawyer can guide you.

An Experienced Divorce Lawyer

If you and your mate have made the decision to divorce, then contact a reputable, experienced lawyer.  Choose Mark Barber of Wichita Falls, Texas.  Mark approaches your situation with the experience you need.  He introduces you to every possible scenario that may occur during a divorce and custody case.

Call Mark Barber, Attorney at Law, today at (940) 761 3009 to protect your rights in your divorce and child custody cases.

Visitation Rights in Texas

Your family disintegrated in a “poof” of Texas dust.  Separation and divorce cause families hard, stressful times.  Visitation rights, as well as other issues, must be dealt with carefully. The relationship may have ended, but the responsibilities involving children remains.

Visitation for Children Under Eighteen Months

Recognizing faces comprises one of many developmental issues for infant.  They build a connection with their parents through sight.  This crucial development occurs in the first three years of a child’s life.

Between the ages of six and eighteen months, children sense a parent’s absence.  If visits are not frequent and regular, then separation anxiety develops.  This negatively affects the child later in life.

Visitation rights directly affect the child.  Therefore, the objective during the development of visitation rights must take into consideration the emotional well-being of the child.  In short, visitation should occur often enough for the child to develop a positive, emotional relationship with the child.

Visitation for Children Under Three Years

Children between eighteen months and three years begin to develop independence.  During that time, the child may question whether or not the non-custodial parent still loves him.  Visitation at this stage of child development should be frequent to benefit the child.

After Three Years of Age

Friends and extracurricular activities become more important.  Both parents involved in the child’s life impacts deeply on development during this stage of life. Allowing both parents at activities proves to the child that he is still loved by both parents.

How to Get Visitation Right

 If you want to ensure the best visitation schedule for your child, then call Mark Barber, Attorney at Law.  He proactively supports the child’s needs in each unique situation.  Children and their development come first while Mark focuses on the best representation for his clients.

If you face divorce, then call the Law Office of Mark Barber, Attorney at Law.  You not only get a free consultation, you discover representation of the best kind.

Call Mark Barber, Attorney at Law at (940) 761 3009 .


Snap Chat Causes Accidents

Is Snap Chat Causing Vehicle Accidents?

People distracted by the use of cell phones while driving caused more than one million vehicle crashes last year.  Emotional and financial impacts occur when an accident seriously injures or kills others.  The result while texting or talking on a cell phone while driving increases exponentially.  Recently, Snap Chat added more dire consequences to vehicular accidents.

Since most people own cell phones, the number of accidents caused by distraction has steadily increased.  The increase has grown fastest among young drivers. Social media drives their lives.  Consequently, a large number of accidents are caused by youth talking on a cell phone or using their social media apps while driving.

Snap Chat

Snap Chat, a newer App, allows users to share photos and video which can be overlaid with a “speed filter.”  This allows the user to show their speed or other activities in the car.  What a magnet for people to show their friends what’s happening while they’re driving.

Snap Chat includes a warning message about the dangers of using the app while driving.  However, this warning goes unheeded by the teen population.  One catastrophic crash occurred while a teen recorded a cruising speed of 107 miles per hour while using Snap Chat.  The resulting court actions are still in progress.

What to Do?

If you have a family member involved in an accident caused by Snap Chat or cell phone use, then you need legal representation.  In Wichita Falls, you need an Attorney who passionately and assertively provides the best legal representation.  Your family member and you need the very best.

The Law Office of Mark Barber, Attorney at Law

Call Mark Barber, a skilled lawyer who knows Texas driving laws.  He represents clients affected by distracted driving.   Your first call results in a free consultation.  Mark gathers information and begins representing you to the best of his considerable abilities.

Call the Law Office of Mark Barber today at (940) 761 3009 or Click Here for the full list of services.


Driving While Texting

Texas Laws for Driving While Texting or Talking 

Carefully observe the number of people putting their lives and the lives of others in their own hands.  They text or talk as they drive, nonchalantly holding their cell phone.

No state-wide law in Texas makes the use of cell phones while driving illegal.  However, some situations make cell phones illegal to use.

Cell Phone Usage

In Texas, laws concerning cell phone usage while driving falls into three categories:

  • Talking on a cell phone connected by Bluetooth or hands-free.
  • Driving and texting in conjunction.
  • Holding a cell phone in the hands while driving.

Texas Laws

The following rules apply to the above situations for cell phone use.

  • No one under the age of eighteen may use a cell phone in any manner while driving.
  • Driving through a school zone, no cell phone may be used for any purpose.
  • School bus drivers cannot use cell phones any time children are on the bus.

While driving, your responsibility consists of the care and control of your vehicle.  You must remain undistracted to protect your passengers and others.  More than sixty cities and towns in Texas passed laws concerning cell phone use to enforce this responsibility.

The Dangers

Many news stories exist about crashes on Texas roads as a result of driver distraction.  A “blink of an eye” distraction, including texting or talking on your cell phone, instantly changes lives forever.  In 2012, more than 30,000 people died due to driver distraction.

Fines and Consequences

Fines for cell phone use while driving range from $200 to $500.  However, causing a crash, hurting, or killing someone else changes lives.  The emotional impact and financial consequences follow you for the rest of your life, if you survive.

If you choose to text or talk on a cell phone, then you put yourself, your family, and even strangers at serious risk. Eliminate the problem, don’t text or talk when driving.

When Another Person Causes a Crash

If another person causes a wreck, then legal remedies become available to you.  People are responsible for their own actions.   You commit the worst liability when you cause a crash by texting or talking on a cell phone while driving.

Action to Take

Legal representation becomes a need when you or another person becomes responsible for the lives of others. Mark Barber, Attorney at Law, a Wichita Falls lawyer, specializes in protecting client’s rights. He represents you fully, including the responsibility of driver distraction while using a cell phone and driving.

Contact Mark Barber at (940) 761 3009 for the best representation.




Prepare a Good Will

indexWithout a Will in Texas, your family and all your possessions become unprotected.  Every asset you own should be designated.

Texas Law

Your Will, a legal document allocating your property to beneficiaries, contains much more than just property.  It allows the designation of a legal guardian for minor children and provides an executor.  The executor manages your estate, pays any debts, expenses, and taxes, and distributes your assets based upon your wishes. If you don’t trust your executor, then don’t use that person.

Validity of A Will

In Texas, three conditions satisfy its validity:

  1. It indicates an intent to dispose of your assets. However, if you send an email to a lawyer providing instructions about its preparation, that email cannot be considered as your Will.  You only sent instructions, therefore, only the final document can be your Will.
  1. Legal Capacity means satisfaction of certain criteria you specify. Consequently, the heir’s requirements may include such conditions as being over eighteen years of age, legally married, or in the Armed Forces of the United States.
  1. Testamentary Capacity or the mental capacity to understand that you created a Will.


Three types of Wills exist in Texas:

  1. Attested the most common form, where at least two witnesses over the age of fourteen sign.
  1. Holographic, handwritten solely in the handwriting of the person developing it, requires no witness and can be written on just about anything.
  1. Oral, no longer accepted after September 1, 2007, is only valid under very specific circumstances.

The courts in Texas allow for the addition of a self-proving affidavit.  The affidavit describes the validity and must be signed in front of a Notary Public by the person making the Will and two witnesses.  This saves considerable time and expense regarding disputes.

 Make it Simple

Peruse the Internet to see the hundreds of sites offering packages for writing your own.  If you want to take a chance, then choose one and give it a try.  However, do you want to leave this type of document to chance?  If you consider which would be the most important choice, then you might not choose between solid legal advice and assistance in writing your Will.

Mark Barber

Mark Barber, Attorney at Law, offers exactly what you need.  He proposes the best advice in Wichita Falls, Texas to ensure your Will protects your legal rights and desires.

Call Mark Barber, Attorney at Law, at (940) 761 3009 and rest easy.






Accused of a Crime?

imagesWhat happens after you’ve been accused of a crime?

You witnessed a crime, but decide to go home and relax.  As an innocent bystander, you’ve got nothing to fear.  When you answer the loud knock at the door, you see two of the largest policemen standing there.  They came to arrest you because you are being accused of a crime.

No one plans to be accused of a crime, but we all need to plan for the impossible. It could save you from time in jail, loss of money, and loss of income.  Preparing doesn’t take much effort.

Your Family

Talk to your family about being accused of a crime.  Get them involved in the planning.  Confirm that your family understands their rights and what to do in case it happens to a family member.

Your Rights

An accusation doesn’t mean loss of rights.  Know your basic rights:

The right to remain silent and have a lawyer.  First, “remaining silent” doesn’t mean being rude and non-responsive to the police.  Be prepared to respond to basic questions such as your name and your address.  Produce identification, but say no more, including discussing your innocence.

Please understand, the police don’t have to read your Miranda Rights until you have been taken to the police station.  Anything you say before that time may be used against you in court.

You have the right to be treated with compassion and dignity.  The police have the right to be respected, too.  Don’t resist in any physical manner nor give them any reason to treat you with anything but respect.

You have the right to privacy.  Don’t let the police into your home unless they have a search warrant, even if you know you’re innocent.  Asking for a search warrant gives you time to contact a lawyer to assist and support you through the process.

You have the right to due process. Part of your right to due process includes requiring a search warrant for your home and your premises. A lawyer protects your rights and guides you through every opportunity for due process from the time the police enter your life.

The Bottom Line

Protect yourself and make arrangements with Mark Barber, Attorney at Law.  He represents you and your family in case of any problems.  Mark provides peace of mind by ensuring your and your family’s safety.

Crime accusation can be one of the most devastating issues your family could ever face.  Be prepared with your “insurance”, Mark Barber.  He understands your rights, properly represents you, and offers great advice.

Call Mark Barber at (940) 761 3009 .







Can You Contest a Will in Texas?

indexWhat We May Not Like

Not everyone likes the outcome of a Will reading.  Usually one or two heirs think cash or other benefits should be distributed.  When it doesn’t happen as expected, they decide to contest the Will, and someone needs a lawyer in Wichita Falls, Texas.

What Could Have Happened?

I thought my dad’s Will would certainly include me.  In fact, the new Hummer sitting in the driveway convinced me that I would soon be on Easy Street.  What could happened?

Perhaps that woman my father married after my mother passed away caused problems.  Maybe my brother and sister convinced Dad to change it.  They received cash, and I got his  lousy gold watch and a few knickknacks.  I considered it unfair, waiting all this time and getting so little.

Why would he leave a chunk to his wife and the rest to some project none of the family ever heard about?  Oh, the injustice of it all!  His mind couldn’t have been “sound”, and I wasn’t tolerating it.

What to Do?

Perusing through all the Wichita Falls Attorneys I knew, one stood out.  I considered Mark Barber, Attorney at Law first because he helped me with my Will.  The helpful receptionist scheduled my appointment and encouraged me to have a look at Mark’s website.

The Consultation with Mark Barber

Mark advised about the absence of a will or the successful contesting.  He said the laws of descent and distribution in Texas determines the distribution of assets.  There are many potential results, depending on the situation.  I recommend Mark Barber, Attorney at Law in Wichita Falls, Texas, to anyone who wants to contest a Will.

Reasons for Contesting a Will

A Will may be legitimately contested in Texas if you believe there was undue influence upon the family member or if the family member wasn’t in full control of their faculties.  It may also be contested if the Will isn’t properly executed or upon suspicion of fraud.

In the end, I couldn’t say my father was crazy or that anyone influenced him. He had written the Will about ten years ago, just after marrying his new wife.

Call Mark Barber, Attorney at Law

Mark Barber gives the best legal advice, if you ask me.  If you need an excellent lawyer for any other legal action, you must require a lawyer with passion, skills, expertise, and connections to ensure your legal issues are handled right.

Call Mark Barber, Attorney at Law, in Wichita Falls, Texas at (940) 761 3009 or visit his website by Clicking Here

5 Tips for Talking to Your Lawyer

lawyer-clipart-gceo7rK9iYou’ve been arrested and made one call to Mark Barber, Attorney at Law in Wichita Falls, Texas.  Mark has handled just about every type of criminal case imaginable.  To help you prepare for that frightful day, we’ve compiled five tips for talking to your lawyer that may help with your case.

Tip No. 1 – Don’t Lie To Your Lawyer

How can you expect to get good representation if you hold back information from your lawyer, bend the truth, or out-and-out lie?  You can lie to your wife or family members, and even your best friend, but don’t lie to your lawyer.  Lawyer/Client privilege protects what you say.  Even  if you’ve never trusted any lawyer, you had better build trust quickly when you need one.

Without the truth, your lawyer can’t build an adequate case for you.

Tip No. 2 – Be Prepared

Be prepared when talking to your lawyer.  The lawyer doesn’t want you to waste his time, and he certainly doesn’t want to waste your money.  Be organized and ready to talk to your lawyer, honestly and extensively.

Tip No. 3 – Keep Your Lawyer Up to Date

You may have talked to your lawyer and then remembered an important fact.  Make sure you tell your lawyer everything, even if you remember some important event after your meeting.

Tip No 4 – Be Clear with Your Instructions

Your lawyer isn’t a mind reader and can’t make decisions for you.  Make sure you’re ready to provide clear instructions to your lawyer so the best job can be done for you.

Tip No. 5 – Telling Your Lawyer the WHOLE Story

Sifting through the information you present allows your lawyer to build a strong legal position for your case.  Some points may not seem important to you, but to your lawyer, they may make the difference between innocence and guilt.  Err on the side of caution, spill your guts to your lawyer.


Getting arrested is probably one of the worst incidents that could happen to any of us.  Of course, we’re all innocent until proven guilty.  It’s the lawyer’s responsibility to represent our interests in front of our peers.

The best way to talk to your lawyer is to start by being truthful with all the information and following the other four tips listed above.  Your lawyer is there to help you.  Following these five tips so your lawyer’s position helps you.

Call Mark Barber when you need a good lawyer.  You’ll like him and find him easy to talk to and hard-working.  He’ll provide the best defense for your case.

Call Mark Barber, Attorney at Law at (940) 761 3009 .


Can I Sue a Family Member

imagesCan I Sue a Family Member in Texas?

In the past, the United States court system would not allow a family members to sue a family member in civil court.  The reasoning was that a court case between family members could cause irreparable harm to the family unit.  There was no consideration about the impact on the family members who were aggrieved and wanted the dispute settled.

This has changed in many jurisdictions, but not in Texas.  Texas holds to the traditional view.  There are exceptional circumstances making it possible to take a family member to civil court.

What are the Special Circumstances in Texas?

In Texas, the courts may approve a suit against a family member if the action against another family member was intentional.  Domestic violence such as assault, psychological abuse, and battery are examples of intentional actions.  These are complicated circumstances in Texas.  You would require forceful and knowledgeable legal advice.

Legal Advice

Victims of family violence usually lose their sense of control and self-worth.  They feel demeaned and many times don’t know which way to turn.  They’ll find relief when they take a breath and make a life-changing decision.  The victim can call Mark Barber, Attorney at Law in Wichita Falls, Texas.

Mark Barber is ready, willing, and able to provide the advice and support you require to protect your interests.  He’ll walk you through the court process and make sure you’re adequately represented in areas of:

  • Lost wages due to stress and emotional abuse.
  • Medical expenses if you’ve been physically abused.
  • Cost of therapy for yourself and your children.
  • Pain and suffering.

There’s too much stress in any lawsuit.  Mark Barber, Attorney at Law, will help you through it all.

Get Help Today

If you’re under the circumstance that would require a lawsuit against a family member, you need the best, most knowledgeable legal advice.  Mark Barber in Wichita Falls, Texas will lead you through the process.  The first consultation is free.

Call Mark Barber today at (940) 761 3009 for the best legal advice.


What if I Don’t Feel Safe in a Relationship?

What If I don’t Feel Safe in a Relationship?

MBThere are many situations where one may not feel safe in a relationship. It could be ongoing threats of violence, being the recipient of a physical attack, attacks on children, or verbal abuse. The response to the question of what one does if they don’t feel safe in a relationship is straightforward; get out and seek legal advice. Never stay in any relationship where you don’t feel safe. Pack a suitcase and get out before it’s too late.

Where to Go?

To do it right, you need a plan to find a safe environment, for example a shelter, a friend, or family. For help planning, call the National Domestic Violence Hotline at 1-800 –799-7233. There are qualified people available 24/7 to help you develop a safety plan.

What is a Safety Plan?

A safety plan is your personal path outlining what you need to do to be safe. It includes all the issues that need addressed after you leave. The plan will deal with issues such as how to tell family and friends, how to deal with emotions, and how to take legal action. You will need legal action to protect for your rights.

Where to Turn for Legal Action?

In the Wichita Falls area there’s a lawyer who cares. Call the law office of Mark Barber, Attorney at Law, immediately. There are legal actions that shouldn’t wait if you’re to be assured of the protection of your legal rights. Mark has the experience and tenacity to ensure you’re treated right.

What are the Legal Issues?

First, and foremost, are possible legal actions that may be required to keep you and your children safe. Court orders can quickly be secured to demand that abusive family members stay away.

Second, are the legal issues to be addressed to safeguard you and any children in a separation and divorce. The laws in Texas are quite specific. There are details your lawyer knows to ensure your goals in a separation or divorce are achieved.

Call Mark Barber, Attorney at Law

If you don’t feel safe in a relationship, call the law office of Mark Barber, Attorney at Law. Your first consultation is free. You’ll need Mark immediately for the best legal advice and for the best chance to remain safe. Call Mark Barber, Attorney at Law at (940) 761 3009 . Don’t you feel better already?