The Texas Office of the Attorney General (OAG) is responsible for certain child support services, including collecting and enforcing Texas child support orders. Recipients of certain public assistance programs may automatically qualify for the OAG’s child support services, but others have to apply for the services. The OAG has a…
Texas family law allows the parties to a divorce to enter into a binding mediated settlement agreement (MSA). If the agreement meets certain requirements, a party is entitled to judgment on the agreement. In some cases, however, one party may wish to challenge a mediated settlement agreement. In a recent…
Although it can be difficult, in certain circumstances, Texas family law may permit a grandparent to obtain custody even when a parent wants custody. In a recent case, a mother appealed an order giving the grandparents the exclusive right to determine a child’s primary residence. In 2014, the trial court…
The Texas Family Code provides guidelines to assist courts in calculating child support that are based on a percentage of the parent’s net monthly resources. The statute sets forth what types of income are included and excluded from the parent’s net monthly resources. In many families, it is fairly straight-forward…
Generally, a permanent injunction is difficult to obtain and requires proof that certain requirements are met. In Texas child custody cases, however, a court may be able to issue a permanent injunction, even if those requirements have not been met, if it finds that the injunction is in the child’s…
Texas law generally favors the freedom of contract. This principle also applies to prenuptial agreements. In Texas divorce cases, prenuptial agreements are generally valid and enforceable unless they were involuntarily signed or were unconscionable and signed without proper disclosures. A wife recently challenged the enforceability of a prenuptial agreement. The…
Sometimes, a parent may face significant changes in his or her financial circumstances that affect the ability to pay a Texas child support obligation. If the change in the parent’s financial circumstances is both substantial and material, the court may modify the obligation. In a recently-decided case, a father sought…
Under Texas family law, a child’s parents have certain rights and duties regarding their children, including the right of possession and the right to make certain decisions related to them. Parents also have the duties to support, care for, and protect their children. Though in some cases, the parent-child relationship…
A court in a Texas divorce case may only order spousal maintenance if certain conditions are met. The court must then consider relevant factors in determining the duration, amount, and manner of the payments. The other spouse may challenge a maintenance award if there is insufficient evidence to support a…
In some Texas custody cases, the parents live near each other and where the case will be heard is not an issue. In other cases, however, one parent has moved away and there may be a dispute over jurisdiction. Although the child’s home state generally has jurisdiction, there are circumstances…