Sep 24

A new study out of Europe suggests that couples who live together before they are married are more immune to divorce, The Telegraph reports.

Dallas divorce lawyers typically take such studies with a grain of salt. Despite all the research that goes into marriage and divorce, there is no silver bullet.
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While it may not be a topic that couples want to discuss, sometimes it is better for the spouses and the kids to find an amicable way to split. Divorce in Dallas is tough, but the right lawyer can help ease the burden by using experience and knowledge of the law to take control of the situation.

According to the study out of Europe, in the 1960s, less than 1 in 100 adults under 50 lived together as couples. Now? That number has grown to 1 in 6 in the last 50 years.

Socially, living together as unmarried couples isn’t as frowned upon as it once was, which is why many couples get together before they are married. It also gives them an opportunity to get to know each other and live together so there are fewer unexpected pet peeves to develop once the vows have been made.

The study also found, as other studies have confirmed, that couples are now waiting longer in life before getting married, compared to people of the same age in the 1980s, for instance. In 80 percent of marriages in recent years, couples spent some amount of time living together before formalizing their commitment.

While some studies suggest that living together hurts marriages, researchers of this study believe that living together before marriage protects the bond. Divorce rates in Britain have dropped slightly in recent years, though some could attribute that to financial concerns more than proof that living together before marriage is keeping people together.

Whatever the cause and effect that leads to a divorce in Dallas, there are important factors that must be considered and addressed by an experienced lawyer. Child custody in a Dallas divorce as well as child support, alimony, division of assets and debts and avoiding tax hits are all crucial factors.

While many people only consider what they will get and what they will have to give up, a solid Dallas divorce lawyer will help the client prepare for the tax implications, potential financial stresses and life changes that will occur after the divorce is final. Many divorces can be completed amicably, but there are some that are contentious and our firm is prepared to handle either situation.

Our concern is with our client and making sure that as a parent and as an individual, your future can be brighter than the unhappy situation you’re currently in. If you are considering divorce, contact our firm today in order to set up a consultation to discuss your situation.

If you need to speak with a divorce lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750.

Additional Resources:

Couples living together provide firewall to divorce, by Tim Ross, The Telegraph

Sep 15

While Texas’ economy is in better shape than other states and the nation as a whole, it still sits at a high 8.4 percent, according to the U.S. Bureau of Labor Statistics.

Therefore, many people are job hunting, looking for ways to get by as bills pile up. Many people have been slapped with a foreclosure proceeding as banks try to take away their homes if they miss or get behind on a monthly mortgage payment. For those who seek to keep their homes or other large assets, Chapter 13 bankruptcy in the Dallas area has proven to be a more popular choice as of late, statistics show.
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Hiring an experienced and dedicated Dallas bankruptcy lawyer is critical in this stage of your life as the stress of finances is making day-to-day difficult. With creditors hounding, lenders calling and credit tight, considering a form of bankruptcy that works best for you is the best option.

According to statistics from the United States Bankruptcy Court for the Northern District of Texas, more people in Fort Worth filed for bankruptcy than in Dallas for the first time since November. But the more noteworthy information gleaned from the statistics is that more people are filing for Chapter 13 bankruptcy protection than Chapter 7.

Chapter 7 bankruptcy is the more popular form of bankruptcy and the one that most people are familiar with. This is where, if the person qualifies, they are allowed to discharge their debts, sometimes by having to sell off some assets and sometimes not. After the process is finished, the consumer has those debts forgiven and they can move on with life without those debts dragging them down.

Chapter 13 bankruptcy in Dallas is slightly different, however. Under this chapter, a consumer sets up a payment plan with the court that usually lasts between three and five years. After the payments have been successfully completed, the debt is forgiven. So, while this chapter requires a bit more money to be paid, it’s designed for people who have larger assets, such as houses and cars, yet have debt that has overwhelmed them.

The big benefit of Chapter 13 is that once the payments have ended, the debt is discharged and the consumer can keep their large assets, rather than risk losing them. According to the court, 873 people filed for Chapter 13 in August, compared to 741 who filed Chapter 7. While the months at the end of 2010 and beginning of 2011 showed a greater disparity between Chapter 13 and Chapter 7 filers, more people in the Metroplex had chosen Chapter 7 for the last three straight months.

The numbers may indicate that the middle class has come more to rely on Chapter 13 bankruptcy now than in the past as they try to figure out how to pay their mounting bills, while battling unemployment, unexpected medical bills or predatory lending practices.

Whatever the chapter, bankruptcy can help. But this is a complex area of law that must be trusted to the professionals. If you are stuck in a situation where you’re getting behind on bills or mortgage payments and don’t see a way out, consult with an experienced Dallas bankruptcy lawyer today.

If you need to speak with a bankruptcy lawyer in Dallas contact the Bankruptcy Law Firm of Warren & Migliaccio L.L.P at 972-205-9750.

Aug 24

Divorce can be a difficult time in a person’s life because their relationship has crumbled, the children’s future is in question and it’s likely that finances are going to become an issue. A new study finds that parents are falling behind on paying for the kids’ college fund, and that’s even without going through a divorce in Dallas or elsewhere.

An experienced Dallas Divorce Lawyer will not only consider the many child-related issues that come up during a split, but also the long-term financial issues that must be addressed. That includes division of property, including large-scale assets, such as a house, investments, retirement accounts and other assets of value. But post-divorce taxes, debts and other financial-based decisions must also be taken into consideration.
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And among those issues are making sure the children’s higher education funds are considered. According to a new study by Fidelity Investments, 67 percent of parents surveyed have begun putting away money for college. That’s great news, but the study also found that pressure from the stalling economy and the high cost of college means that those savings will only cover, on average, about 16 percent of college costs in the future.

While the number of parents saving for college has increased 9 percent from a 2007 survey, the company found that during that survey four years ago, the average American family would be able to pay for about 24 percent of college tuition costs. That’s a big drop.

More than half of the parents who were surveyed who have kids 5 and younger are still paying for their own student loans and don’t want their kids to be saddled with that debt after they graduate. Yet about half are paying about $576 per month in day care or preschool costs. Forty percent are paying that monthly cost on top of storing money away for college.

Parents now also believe that they are responsible for funding their children’s college bills and many are going back to work or trying to get extra work to make the payments. But they are encouraging their kids to look at public universities and live at home to save on housing costs.

This whole issue gets complicated when a divorce in Dallas is in the works. As our Dallas Divorce Lawyers Blog previously reported, children of divorce typically receive less financial aid from their parents.

Finances of the parents become restricted as they are trying to live in separate homes, obtain loans for a car that may have previously been shared and learning to live a new life. Making child support payments in a Dallas divorce or perhaps having to pay alimony can add to the stress involved in a divorce. Parents want the best for their children, but sometimes a divorce can make certain financial obligations — even saving for college — a luxury.

An experienced Dallas Divorce Lawyer will work to lessen the financial impact a divorce has on the client. That means working to avoid post-divorce taxes and common financial traps that can hinder the future.

If you need to speak with a divorce lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750.

More Blog Entries:

Study Finds That Children of Dallas Divorces Receive Less Financial Aid: June 5, 2011

Additional Resources:

Parents falling behind on saving for kids’ college, by Jessica Mintz, MSNBC.com

Aug 09

Good news may be on the horizon for recent graduates in Dallas if a new measure in Washington D.C. gains strength and becomes law.

If passed, it would allow those carrying the burden of expensive student loans without the ability to pay them back because of the depressed economy to have the debt wiped clean as part of a Dallas bankruptcy proceeding, according to U.S. News & World Report.
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Dallas Bankruptcy Lawyers applaud lawmakers for their efforts in helping those who have overwhelming student loan bills. In 2005, lawmakers exempted most student loan debt from bankruptcy protection.

Seven Democratic lawmakers — three senators and four representatives — introduced parallel measures that are being considered in each chamber of Congress. Both bills would restore the ability to discharge commercial student loans in bankruptcy proceedings.

“Before changes were made to the bankruptcy code in 2005, only government issued or guaranteed student loans were protected during bankruptcy,” said Sen. Dick Durbin, D-Ill. in a press release. “This protection has been in place since 1978 and was intended to safeguard federal investments in higher education. Today’s bill would restore the bankruptcy law, as it pertains to private student loans, to the language that was in place before 2005, so that privately issued student loans will once again be dischargeable in bankruptcy.”

Both bills have received backing from 35 organizations, including the American Federation of Teachers.

And the measures come at a good time. According to the John J. Heldrich Center for Workforce Development at Rutgers University, a staggering 56 percent of 2010 graduates were able to find work, a study by the center found. That’s down significantly from graduates in 2008 and 2009. The Great Recession has left many students without work, yet carrying expensive loans.

The Project on Student Debt found that the average 2009 graduate is carrying $24,000 of debt. According to 2008 data from the U.S. Department of Education, Texas had a high rate of defaulted loans compared to the rest of the nation at 9.1 percent. Only Puerto Rico (12.4%), Arizona (10.9%), Guam (10.3%), Arkansas (10.1%), Iowa (9.9%), Kentucky (9.6%) and Colorado (9.2%) had higher rates. Nevada students also defaulted on 9.1 percent of loans.

Bankruptcy in Dallas can be an option for those who aren’t able to pay back debt because of the poor economy. Bankruptcy laws are designed to help the consumer who cannot pay back debt. The process takes effort, but can be rewarding for those who get a fresh start after completing the bankruptcy process.

Consulting with an experienced Dallas Bankruptcy Lawyer should be the first step for those who are using credit cards to get by or who are struggling to pay bills on time. Call today to get an assessment of your situation.

If you need to speak to a bankruptcy lawyer in Dallas contact the Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

More Blog Entries:

Bankruptcy Filings in Texas up 35 Percent; Dallas Bankruptcy Attorneys Here to Help: June 13, 2011

Survive Dallas Bankruptcy With These Five Tips: June 10, 2011

Jul 22

In the recent case of Brown v. Continental Airlines, a group of pilots worried about losing their retirement benefits divorced their spouses in states that allow exes to get retirement benefits, immediately collected and then got remarried.

Or at least that’s the allegation.

The case shows the importance of an experienced Dallas Divorce Lawyer who is proficient in all areas of the law. While many people considering divorce in Dallas aren’t concerned about divorcing, claiming benefits and remarrying, they still must be properly advised on how the process works and what to expect. Retirement funds are also a critical asset in many Dallas divorces; failure to claim your share can literally impact the rest of your life. It can be an emotional experience, whatever the reason, and requires a law firm that can help.
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In the pilots’ case, according to The Associated Press, the airline sued nine pilots, claiming they got “sham” divorces so their ex-spouses could tap into their lump-sum pensions while they still worked for the airline and then remarried the same partners. The 5th U.S. Circuit Court of Appeals recently upheld a lower-court ruling that employers can’t consider or investigate why employees get divorced or whether the divorce is genuine. All the pilots were fired or resigned and are now suing the airline for wrongful termination and interfering with their pension rights.

Divorce is stressful enough; the last thing you need is your employer delving into your affairs.

The divorces occurred as the airline was in the process of being sold to United Continental Holdings Inc. and the pilots were worried Continental would turn over its pension obligations to the government, as other airlines did in the 2000s, leaving them with reduced benefits. The airline said it paid out $10 to $11 million in pension distributions that pilots had assigned to their spouses.

The pilots got divorces in states where domestic-relations orders assigned all or nearly all of their retirement benefits to their ex-spouses, who then demanded payment. The workers took advantage of a provision in federal law that, in cases of divorce, allows payment of pension benefits to an ex-spouse before a worker retires.

Hiring an experienced and caring Dallas divorce lawyer is critical. The client is our priority and making sure that child custody or child visitation matters are handled to your satisfaction, as well as helping you avoid taxes and coming to an agreement on the division of assets, is what we strive to do.

There are many aspects of a divorce beyond moving into a new home and breaking up the bank account. And leaving our clients in a sound place financially and emotionally after a divorce is one of our biggest goals.

If you need to speak with a divorce lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

Additional Resources:

Pilots Win ‘Sham-Divorce’ Case Against Continental, by David Koenig, The Associated Press

Jun 13

According to the American Bankruptcy Institute, Texas businesses and residents filed 35 percent more bankruptcies in 2010 than in 2007.

This is a common process and Dallas Bankruptcy Lawyers can help a family get back on track with their finances after the loss of a job, unexpected medical bills or overspending. Bankruptcy law in Texas is designed to help people who are willing to take responsibility for their budget and want to improve their financial future.
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According to U.S. Bankruptcy Court, there were 57,328 bankruptcy filings in Texas in the first quarter of 2011, a 2 percent jump from the 2010 first quarter, when there were 57,208.

While Chapter 7 and Chapter 13 are the most common types of bankruptcies, businesses also have the possibility of filing for bankruptcy protection from outstanding debts and creditors. In fact, an investment group led by former Texas Rangers first baseman Rafael Palmeiro recently filed for Chapter 11 bankruptcy protection in Fort Worth, the Fort Worth Star-Telegram reports.

According to the newspaper, Palmeiro’s limited partnership and limited liability corporations planned a 162-acre mixed-use development in Grapevine in Tarrant County and had planned hotels, a 20-acre Asian-themed garden, river walk, waterfalls, shops and offices. According to court documents, the partnership listed $50 to $100 million in assets and $10 to $50 million liabilities. The Llc listed $100,000 to $500,000 in assets, but $10 to $50 million in liabilities. Chapter 11 bankruptcy will allow the company to reorganize while it remains protected from creditors.

Many people feel ashamed and embarrassed to consider bankruptcy, but for businesses who take a bad gamble or people who get caught up in a bad economy, the laws can be essential to getting healthy financially. Even multi-millionaires use bankruptcy for protection, so why should everyday citizens feel ashamed?

Dallas Chapter 7 bankruptcy is designed for people with few assets and possibly those who have recently been laid off or fired from their jobs and are having a hard time paying bills. As debt mounts and creditors come calling, filing for this type of protection can help them make a fresh start.

Chapter 13 bankruptcy is a little different and it is primarily applied to people who are stuck in a bad situation of piling debt, but who have large assets, possibly a house they can’t afford to lose. What this form of bankruptcy does is allows people to propose a 3- to 5-year plan of paying off debt while allowing them to keep large assets. This, too, can be beneficial to families struggling to get by.

If you need to speak to a bankruptcy lawyer in Dallas contact the Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

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Jun 10

Many in Texas believe that filing bankruptcy makes you a failure at your finances or, worse, will cast you in a state of credit disrepair for a decade or more. This is simply not the case. Filing bankruptcy can actually allow you to seize control of your finances and secure your long-term financial well-being. Thanks to the predatory lending practices of banks and credit card companies, as well as the unprecedented economic downturn, consumers in Dallas and elsewhere continue to file bankruptcy in record numbers.

Some tips from walletpop.com will help those who first consult with Dallas Bankruptcy Lawyers about how to best proceed.

With the downturn in the economy forcing so many families to struggle financially, bankruptcy is often the best decision they can make. The laws were designed to help people file for bankruptcy in Dallas and elsewhere so they can help their finances get back on track. Taking hold of your financial future is smarter than attempting to get by with paying the minimum on your credit card each month, hoping to find a job or catch up, all while fending off annoying creditors.
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While the decision shouldn’t be taken lightly, it has become a popular choice for the many Americans struggling to get by. In the first quarter of 2011, 353,082 people filed for bankruptcy in the United States, according to the American Bankruptcy Institute. In 2010, 54,130 Texans filed for bankruptcy, which was up from 50,868 in 2009.

Filing for Chapter 13 bankruptcy in Dallas, for instance, will immediately stop the foreclosure process on your home and allow you to keep your home and other large assets after setting up a reasonable payment plan over a 3-5 year period. This often works out well for those who don’t qualify for Chapter 7 bankruptcy because they make too much money in relation to their debt.

The point is, consult with an experienced Dallas Bankruptcy Lawyer and make the right decision based on your situation. Bankruptcy can be daunting, but it can also be very liberating. On to the tips:

Let go of guilt and shame: Don’t beat yourself up over making this decision. It’s rational and can help save you a lot of frustration. Don’t feel like a failure or a disappointment. The No. 1 cause for bankruptcy is unexpected medical bills.

Reflect and Regroup: Use a network of friends and family to help you get through the bankruptcy process.

Create a budget: Many people have to file bankruptcy because of overspending, so create a budget, with an emergency fund and work toward future financial freedom.

Pick a credit card that will help rebuilt credit: After bankruptcy, you may get flooded with credit card offers. Pick wisely. Some secured credit cards allow you to deposit money and make that your credit limit.

Know the facts about bankruptcy: Many people believe you won’t get credit after bankruptcy, but it’s not true. Many people can get car, home and credit-card loans shortly after the process is over. Don’t think you’ll be stuck without credit forever. The purpose of bankruptcy is to help you get back on your feet financially.

If you need to speak to a bankruptcy lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

Jun 06

According to U.S. News & World Report, young children of divorce are more likely to have poor math scores compared to their peers, on top of anxiety, loneliness, low self-esteem and sadness.

DFW Metroplex Divorce Lawyers have seen the problems that divorces can cause for the children and we work diligently to try to minimize the stress and psychological problems the process can have on a family. Divorce in Dallas can take a toll on a family, so our firm works to keep the client informed and help alleviate the burden during these proceedings.
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According to an article in the June issue of the American Sociological Review, children don’t experience setbacks in the pre-divorce period, but more likely suffer after their parents begin the divorce process. The study found that children fall behind and don’t catch up in math scores and interpersonal social skills.

U.S. News & World Report also details how the fallout from divorce might harm childhood development. Kids may be stressed by parents blaming each other or by child custody conflicts. The stress can be magnified when a child has to live in two different homes on a weekly basis or has to move to a different region altogether.

Parents’ depression and economic strain from a change in family income are also factors than can affect the children of divorce. Although the study finds many negatives, it also found that reading scores were unaffected and that children don’t seem to be at a higher risk for arguing, fighting or getting angry as a result of divorce.

Dallas child custody issues often rank as the highest priority with couples getting divorced. While they are undoubtedly concerned about their future financial welfare, the safety of the child and what their continued role in the child’s life will be are paramount among their concerns.

Child custody in Texas is determined using several factors. The law states that custody should be determined by what is in the best interests of the child. Sometimes, parents agree on a custody plan, while other times the court has to decide. Here are some of the criteria:

Financial security of each parent
Neglect and abuse by either parent towards the child
Drug and alcohol dependency by parents
Who has been the primary caretaker for the child
What have been the living arrangements for the child
Child’s preference, if 12 or older
Special needs of the child

That isn’t an exclusive list, as the judge may consider other factors as well. But this is where Dallas Divorce Lawyers come into play. Preparing for your case is what can make the difference about where the child lives, how often the parents gets to see them and who will be making critical decisions about their life.

We pride ourselves on trying to maintain a respectful relationship with the client’s family and still aggressively advocating on behalf of the client.

If you need to speak to a divorce lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

Jun 05

The Wall Street Journal reports that children whose birth parents divorce get less financial help with college costs, even if their parents remarry.

The study concludes that because of financial constraints on parents who get divorced, the kids get less help with paying for college. It reaffirms how important it is to hire an experienced and aggressive Dallas Divorce Lawyer who will fight for your future. A successful divorce in Dallas for one parent could mean the ability to live comfortably and provide the financial resources necessary to support a child or children in their post-secondary education. A poorly executed divorce may mean you never recover the standard-of-living you enjoyed while married.
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The study, published by the Journal of Family Issues, found that parents who stay married meet 77 percent of the tuition costs and contribute about 8 percent of their income to their child’s college expenses.

The article states that parents’ contributions fall after a divorce, in tandem with their income. Divorced parents meet about 42 percent of their children’s financial needs in college and contribute about 6 percent of their income. The study researched 2,400 undergraduate students. Even re-married parents contributed less than married parents — about 53 percent of their children’s needs, which was about 5 percent of their income.

While it is great that married couples were able to contribute so generously to their children’s college costs, not every couple is so fortunate. Dallas Divorce Lawyers strive to provide the best family law representation, which includes doing what’s best for the client’s financial future.

In Texas, community property laws state that all property acquired during marriage is considered to be community property, meaning each spouse is entitled to half of all property. So, division of that property can be complicated. Any gifts, inheritances or other property that the spouses had before marriage can be kept separate. Other factors that are considered are the special needs of the children, the age and health of the parties and the earning level and education of the parties.

The most financially beneficial form of divorce is an uncontested divorce. Uncontested divorces in Dallas means the spouses have come to an agreement on the most important issues, which would include custody and property division. This allows the attorneys to work without a trial. This process is faster, as quick as 61 days, less expensive, easier on the parents and children and provides a better chance of preserving an amicable relationship with the spouse in the future. However, it may not be beneficial if one party is going along to get along or is agreeing to what his or her soon-to-be-former spouse suggests. Without the proper legal representation, an uncontested divorce could be the most costly of all.

This area of law, even if spouses agree on the most important areas, can be very complex. Choose an experienced divorce attorney who can guide you through the process and recover the most property and funds to allow you to help your child through college and beyond.

If you need to speak with a divorce lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

Jun 04

According to a recent Wall Street Journal MarketWatch article, statistics show that Americans have become more diligent about eliminating debt and increasing savings. It’s the opposite direction the federal government is going, as the fed has increased its debt from $1 trillion to $14.3 trillion from the 1980s to the 2000s.

Dallas Bankruptcy Attorneys offer consumers legal services and counseling regarding bankruptcy, foreclosure and other serious financial issues. If you have been trying valiantly to consolidate your mounting debt, whether because of overspending on credit cards, unexpected medical bills or a job loss, contact our firm. Debt can cause you problems at home, at work and in the community and we can help you use bankruptcy laws to your benefit.

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The MarketWatch article suggests that everyday people can learn from what the government has done in recent years. Officials are now looking into whether they will increase the nation’s debt ceiling.

Consider the average person’s debt ceiling now. With a person bringing in $50,000 or less with $8,000 in credit card debt, the ratio of what he owes compared to what he earns is about 30 percent. As that rises, only last-resort lenders will be willing to give him loans. As the ratio increases, the likelihood of bankruptcy and foreclosure increases.

And sometimes that’s when debt consolidation companies come into play.  Garland bankruptcy lawyers advise clients to be wary of these types of services. For one, the cost can end up being as expensive over time as hiring an experienced and qualified DFW bankruptcy attorney.

Another thing to consider is that these aren’t necessarily qualified advisers. They are paid by companies that seek people who are struggling with money problems and offer lofty promises of how all the financial issues will disappear. Offering to try to modify your home loan and consolidating all your debt seem like great things, but they’re not necessarily always possible.

Meanwhile, bankruptcy can offer many benefits:

  • Stopping home foreclosure
  • Halting car repossession
  • Debt settlement
  • Help for your credit rating in the future

Don’t assume bankruptcy will be bad for your future. And don’t feel like you’re alone. In 2010, more than 54,000 Texans filed for bankruptcy, up from about 40,000 in 2007, according to the American Bankruptcy Institute.

If you need to speak to a bankruptcy lawyer in Dallas contact the Family Law Firm of Warren & Migliaccio L.L.P at 972-205-9750

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