In a recent case, a mother challenged a court’s finding there was not an arrearage …
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Texas Appeals Court Upholds Alcohol Restriction in Divorce Decree
Restrictions or limitations on the parent’s right to possession and access are limited ……
Sibling Standing in Texas Custody Case
Under Texas family law, certain close relatives of a child may seek managing conservatorship if they can sufficiently show the child’s current circumstances would significantly impair the child physically or emotionally. Tex. Fam. Code Ann. § 102.004(a)(1). A sister recently…
Texas Court Dismisses Case Seeking to Void Divorce Due to Bigamy
A party may challenge a judgment as void through either a collateral or direct attack. Generally, a Texas divorce decree is only subject to collateral attack if the court lacked jurisdiction over the parties or subject matter. Other errors must…
Life Insurance and Texas Divorce
People commonly obtain life-insurance policies and name their spouse as the beneficiary. They do not always remember to update the beneficiary designation when they get divorced. Under Texas law, designation of a spouse as beneficiary before a divorce will only…
Texas Court Finds Alleged Father Time-Barred From Adjudicating Paternity
Under Texas family law, a mother’s husband is presumed to be the father of a child born during the marriage. This presumption can be rebutted by an adjudication of parentage or by a valid denial of paternity filed by the…
Adult Daughter Entitled to Child-Support Arrearages from Father after Mother’s Death
When child support goes unpaid, Texas child-support cases can sometimes go on for years after the obligation would otherwise have terminated. A Texas appeals court recently considered what happens when one parent dies before the past-due child support has been…
Texas Court Finds Mother Is Intentionally Unemployed
When a parent is intentionally unemployed, a court may order Texas child support based on that parent’s earning potential. Tex. Fam. Code 154.066(a). A mother recently challenged a court’s finding she was intentionally unemployed, arguing instead that her mental health…
Condition Precedent to Receiving Contractual Support Payments in Texas Divorce Agreement
When parties to a Texas divorce reach an agreement, the agreement may place conditions on certain obligations. A “condition precedent” is something that must occur before a party has a right to performance of an obligation by the other party.…
Separate Property and Tort Claims in Texas Divorce
Property in the possession of either spouse at the time of dissolution of marriage is presumed to be community property under Texas family law. A spouse may rebut this presumption by tracing and clearly identifying the separate property. That spouse…