Articles Tagged with infidelity

iStock-543681178Under 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 Divides Husband’s Military Retirement Benefits

The wife petitioned for divorce and sought a majority of the community assets.  The court granted the divorce on grounds of insupportability and adultery.  The decree gave the wife 55% of the husband’s disposable military retired pay, attorney’s fees, and conditional appellate attorney’s fees. The husband appealed.

The husband contended the 55% of his disposable military retired pay awarded to the wife erroneously included disability payments. The wife, however, argued the award did not include disability benefits and the decree had specifically awarded him his “VA Disability and Social Security Disability benefits” as separate property.

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Evidence is important in any case, including a Texas child-custody dispute.  In a recent case, a father challenged a trial court’s divorce decree based on the exclusion of certain evidence at trial.iStock-818445486

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A court may order one joint managing conservator to pay Texas child support to another joint managing conservator.  Tex. Fam. Code Ann. § 153.138.  The child’s best interest is the primary consideration in determining child support.  There may, therefore, be occasions where a court orders the parent with primary physical custody to nonetheless pay child support to the other parent, when they are both joint managing conservators.  A mother recently challenged an order to pay child support when she had been awarded the exclusive right to determine the child’s primary residence.

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Cloud-based software, such as iCloud from Apple, has made sharing information like pictures, text messages, and communication a breeze. Families often link accounts to share music, pictures, and other media. Apple explains, “Set up iCloud on all your devices. The rest is automatic.”  And when Apple says everything, it means everything.  Lately, iCloud has provided a new way for spouses to learn about infidelity–when it pops up automatically on their screens.

Monique Honaman, a writer at the Huffington post, recently brought up some of the issues that accompany the automatic sharing of all of the data on your phone.  In a column titled “iCaught on iCloud,” the author posts stories of people who found out about infidelity on iCloud. Continue Reading ›

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