In a Texas custody case, the court must designate who will determine the child’s primary residence and establish the geographic area within which the child’s primary residence must be or specify that there is no geographic restriction. Tex. Fam. Code § 153.134(b)(1). The court bases its determination on the specific…
Courts are required to divide marital estates in a just and right manner in a Texas divorce. A court may divide the estate unequally, but must have a reasonable basis to do so. Courts may consider a number of factors in making that determination, including the parties’ relative physical conditions,…
To modify a Texas custody order, the court must find that there has been a material and substantial change in circumstances and that the modification would be in the children’s best interest. In a recent case, a mother challenged the court’s finding that it was in the children’s best interest…
It can be difficult to modify a child support order to decrease the child support obligation. A father recently appealed the denial of his request for a decrease in his above-guideline child support obligation without step-downs. Generally, a child support order for multiple children will provide for a decrease in…
When a party does not file an answer or participate in a Texas divorce proceeding, the court may issue a default judgment against them. A mother recently challenged the default divorce decree entered against her through a petition for bill of review. A bill of review is brought when a…
The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed the father sole managing conservator and ordered him to pay child support to the mother. Both parents appealed. Sole Managing Conservator The mother argued the trial court…
Texas family law matters are often complex. A father recently challenged a modification order changing his child support obligation after a lengthy and somewhat complicated litigation involving the child. The mother petitioned for enforcement of child support and medical support in September 2022, asking the father be held in contempt…
The purpose of Texas spousal maintenance is to give a spouse temporary rehabilitative support after deterioration of their ability to support themselves while taking care of the home and family during the marriage. Spousal maintenance is only available if the spouse meets certain statutory requirements. A former husband recently challenged…
When retirement accounts are an issue in a Texas divorce, the court will generally issue a Qualified Domestic Relations Order (“QDRO”). A QDRO is an order that creates, recognizes, or assigns rights of an alternate payee to receive benefits from another person’s retirement plan. Although a QDRO is often issued…
Generally, all evidence in a Texas custody case should be presented at trial. In some cases, however, the court may decide to reopen evidence pursuant to Texas Rule of Civil Procedure 270. In a recent case, a mother challenged the court’s custody order after it reopened evidence following the trial.…