The trial court has some discretion in determining the modified amount of child support when it has determined that a Texas child support order should be modified. Tex. Fam. Code § 154.125 provides a schedule of percentages that are presumptively applied when the parent’s net monthly resources do not exceed…
Texas Divorce Attorney Blog
Texas Appeals Court Affirms Lump Sum Disability Payment Credited to Future Child Support
Texas family law considers Social Security disability benefits to be a substitute for the parent’s earnings. Pursuant to Tex. Fam. Code § 157.009, when a child receives a lump-sum payment due to the parent’s disability, the parent is entitled to a credit applied to any arrearage and interest. Additionally, when…
Genetic Testing of Presumed Father in Texas Paternity Case
Texas family law presumes a man is the father of a child in certain circumstances, including when he is married to the child’s mother at the time of the birth or when he continuously resides with the child for the first two years of the child’s life and holds himself…
Texas Appeals Court Finds Wife Did Not Commit Fraud by Nondisclosure
In some cases, a party to a Texas divorce may agree to a settlement that seemingly has less-than-favorable terms. For example, a party may agree to their spouse receiving property with a higher monetary value to ensure they receive property that has personal value to them. In a recent case,…
Texas Appeals Court Upholds Finding of Informal Marriage
Texas is one of the few states that still recognizes “informal marriage,” also sometimes known as “common law marriage.” A party who petitions for divorce from an informal marriage often must prove the existence of the informal marriage in the first place. To prove there was an informal marriage, the…
Joint Managing Conservators Do Not Have to Have Equal Possession in Texas Custody Order
A court should consider a number of factors in deciding a Texas custody case. Even when the court determines the parents should be joint managing conservators, the court does not have to award equal periods of possession and access to the child to each parent. Tex. Fam. Code § 153.135. …
Military Disability Cannot Be Divided by Texas Divorce Court
Under federal law, a court may not treat military disability benefits as community property for purposes of property distribution in a Texas divorce case. A husband recently challenged the property distribution in his divorce decree, arguing the court had improperly divided a portion of his military disability benefits. Trial Court…
Trial or Contested Hearing Required to Determine Disputed Texas Property Division
In a Texas divorce, a jury may decide issues regarding the characterization and valuation of property, but the judge is responsible for actually dividing the community property in a just and right manner. The court may consider a number of factors, including fault, education, ages and physical conditions, financial conditions,…
Texas Appeals Court Upholds Custody Modification Following Alleged Assault and Abuse
A Texas custody order may only be modified in certain circumstances. The parents may agree to change the order. The court may order modification if the child is at least twelve years old and wants to change which parent has primary custody. Otherwise, the parent seeking the modification must generally…
Successor Judge Had Authority to Reform Judgment in Texas Parental Adjudication Case
The trial court in a Texas family law case has only a limited ability to change its judgment once its plenary power expires. Generally, plenary power lasts for thirty days from the date the final judgment is signed, but it may be extended if the court overrules certain motions or…