Texas Divorce Attorney Blog
On December 23, 2020, the Texas Supreme Court finalized its amendments to the discovery rules set forth in the Texas Rules of Civil Procedure. The changes to the discovery rules will undoubtedly impact family law cases filed on or after January 1, 2021.
Of the amendments, the mandate that certain pretrial, expert, and initial disclosures be made under Rules 194 and 195, will require the compilation and exchange of documents and information early in the litigation phase and without the necessity of a formal request from the opposing party. While this early exchange of information may lead to resolution and settlement of issues and claims, failure to respond in accordance with the Rules may result in exclusion of evidence as set forth in Texas Rule of Civil Procedure 193.6.
In order to preserve your claims and ability to present evidence, it is imperative that you comply with the amendments to the Texas Rules of Civil Procedure. For convenience, please find the amended discovery rules below.
If a parent in a Texas child-support case is intentionally unemployed or underemployed resulting in an income significantly less than what they could earn, the court may calculate child support based on their earning potential. Tex. Fam. Code § 154.066(a). The other parent has the burden of showing that the parent is intentionally unemployed or underemployed.
Sometimes parents disagree about whose surname a child should have. Texas family law allows a court to order a name change for a child if the change is in the child’s best interest. Tex. Fam. Code Ann. § 45.004. Additionally, when a court adjudicates parentage, it may order a name change if a parent requests it and “for good cause shown.” Tex. Fam. Code Ann. § 160.636. Some appeals courts have held that those are two distinct tests, while others have held that the child’s best interest is necessarily good cause and simply determine if the change would be in the child’s best interest even when the name change is requested pursuant to § 160.636.
For many Texans, their 401(k) plan is one of their largest assets – particularly for those who have made regular contributions throughout their career. On top of that, 401(k) plans often hold symbolic significance above and beyond their sheer dollar value. To some, they represent safety, security, and an end to the monotonous rat race. For others, they are a prize, a badge of honor earned after countless late nights at the office. However, no matter the role they play in your life, the thought of losing half of your hard-earned nest egg can be terrifying. This begs the question: how much of your 401(k) is actually at stake in a Texas divorce? 
Generally, there must be a material and substantial change in circumstances to justify a modification of a Texas custody order. An