Texas Divorce Attorney Blog

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Sometimes Texas child-support disputes can continue well past the child’s eighteenth birthday.  A Texas appeals court recently decided a case regarding back child support for children who were in their 50s.
This case dealt with a writ of income withholding and child-support liens.  Pursuant to Tex. Fam. Code § § 158.301, a parent may file a notice of application of

Many assets divided in a Texas divorce are distributed during or soon after the divorce, but some assets, such as retirement benefits, may not be distributed for many years. Issues involving retirement benefits may continue or arise several years after the divorce is final. A Texas appeals court recently decided a dispute involving retirement benefits between parties who divorced in

A trial court generally has broad discretion in deciding whether to impose a geographic restriction on the child’s primary residence in a Texas custody case.  A geographic restriction limits where the children’s primary residence may be.  As with other aspects of a custody case, the primary consideration is whether the restriction is in the best interest of the child. A

A court dividing property in a Texas divorce must do so in a “just and right” manner.  The division does not have to be equal if the court has a reasonable basis to order a disproportionate division of the community estate. Texas courts have recognized a number of non-exclusive factors a court may consider, including differences in the parties’ earning

Grandparents sometime take on a parental role in the lives of their grandchildren.  In some circumstances, such grandparents may have standing (i.e., the right to sue) for possession and access to the children. Parents have a fundamental right to make decisions regarding their children, however. Generally, a court in a Texas custody case cannot interfere with a fit parent’s right

A geographic restriction in a Texas custody order helps ensure the parent without physical custody has access to the child, but it can also impose severe limitations on the mobility of the parent with physical custody of the child.  In a recent case, a mother challenged the imposition of a geographic restriction on the child’s primary residence by the trial

When a court determines the amount of Texas child support a parent is obligated to pay, it must consider that parent’s net resources.  The statute sets forth certain items to be included in the parent’s net resources and other items that are not to be included.  Tex. Fam. Code § 154.062.  An appeals court recently had to determine if a

In determining the Texas child-support obligation of a parent, the court may consider whether that parent is intentionally unemployed or underemployed.  If the court finds the parent is intentionally unemployed or underemployed, it may apply the support guidelines to that parent’s earning potential, rather than to their actual earnings.  Tex. Fam. Code Ann. § 154.066.  The court does not have

A Texas common-law marriage can occur when the parties agree to be married, subsequently live together as married within the state, and represent themselves as married.  Tex. Fam. Code Ann. § 2.401. The agreement to be married is a separate requirement that must be proven, although it may sometimes be inferred from evidence of the other two requirements.
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