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Articles Posted by Francesca Blackard

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Texas Court May Not Ignore Stipulations in Property Division in a Divorce Case

Generally, a trial court in a Texas divorce case has the discretion to divide marital assets.  A trial court can, however, abuse its discretion if it divides property without reference to guiding rules or principles and without evidence to support the ruling.  An appeals court recently found that a trial…

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Texas Child Support Based on Earning Potential when Parent is Underemployed

Parents have a duty to support their minor children and generally cannot avoid that duty through intentional unemployment or underemployment.  If a Texas divorce court finds a parent is intentionally unemployed or underemployed, it may consider that party’s earning potential instead of his or her actual income in determining child…

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Texas Court Finds Payment of Personal Expenses By LLC Constituted Constructive Fraud in Divorce Case

Property owned by a limited liability company belongs to the company and is generally not considered either separate or community property subject to distribution in a Texas divorce case.  The limited liability company’s owners, known as “members,” do have an ownership, or “membership” interest in the company. That membership interest…

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Texas Appeals Court Overturns Conspiracy Claim Against Grandmother in Custody Case

The dispute in a Texas custody case is usually between the child’s parents.  In some cases, however, other parties may become involved.  In one recent case, the father’s parents got so involved, they intervened in the custody case and the mother filed claims against them. In 2015, the trial court…

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Texas Appeals Court Upholds Finding of No Informal Marriage

Usually, in a Texas divorce case, both parties know and agree that they were married.  In some cases, however, the parties may disagree as to whether there has been an informal marriage.  An informal marriage can be proven by showing that the couple agreed to be married, subsequently lived together…

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Texas Appeals Court Reverses Property Division Due to Lack of Evidence

Property division in a Texas divorce must be just and right.  The property division may be “just and right” in a case where one party does not participate, but the court must have sufficient information to use its discretion in dividing the property fairly.  A spouse recently challenged the property division…

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Texas Court Finds Father Underemployed and Orders Retroactive Support

In some Texas child support cases, the court may find a party to be “intentionally underemployed.” Although child support is generally based on the party’s income and resources, the calculation may be based on earning capacity if the party is found to be intentionally underemployed or unemployed. A father recently…

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