Family Matters

Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.

New Rule About Zoom Hearings

The Texas Supreme Court has propagated a new Rule to codify rules about when a zoom hearing can be authorized.  When COVID began, the Texas Supreme had authorized zoom hearing by a series of emergency orders.  The new rule in short allows the parties to agree to a...

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2021 Changes to the Texas Family Code

September 1 is the usual starting date to new laws.  The legislature has made changes to the code and this is series of posts that addresses some of the new changes.   First up, the code in TFC Sec. 156.106 now allows the Court to consider the death of parent as...

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Child Support in Uncertain Times

With the pandemic causing fluctuations in child support, the issue of income averaging has been a more frequent issue.  Below are some cases that address this in addition to a portion of the family code that provides guidance. When a trial court is presented with a...

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Post Separation Adultery

One of the most common questions new client’s ask is "Can I start dating now that I have filed?" My usual response is that’s not going to preclude the other side from bringing it up, involving your new relationship in the suit, or alleging it’s been going on prior to...

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Beware the Default Judgement – Part 12

Here's another case that shows you always need to present some evidence at a default judgment, this time for child support. The case is In re R.G.A.C.L.G., No. 05-19-00846-CV, 2020 WL 4281953 (Tex. App.—Dallas 2020, no pet. h.) (mem. op.) (07-27-20). During the...

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Remote Family Law Jury Trials

We are a couple months into remote hearings before Judges’ and while it is not a perfect system it resembles the hearing that were being conducted prior to Covid.   On the other hand, jury trials have effectively come to a stop, and it’s difficult to see a way...

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Spousal Support and Disability

The Texas Family Code allows for a Court to award spousal support (also known as maintenance) based on the disability of a spouse.  Disability is not explicitly defined and based on our experience often subjective. The Fort Worth Court of Appeal rendered an opinion...

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Uniform Travis County Zoom Procedures

Good News. Since the Court’s began remote hearings for divorce and child custody hearings each District Court and the Associate Judge’s Court had differing remote procedures. Since lawyers were often not receiving notice of which Court a case was assigned to until...

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Helpful Links

Travis County District Courts
Biographies of Judges, local court rules and other useful information.

Travis County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Travis County.

Williamson County Courts
Biographies of Judges, local court rules and other useful information.

Hays County Court
Biographies of Judges, local court rules and other useful information.

Hays County Standing Order
This order is entered concurrently with the filing of divorce and child related lawsuits in Hays County.

State Bar of Texas
The official site of the organization of attorneys in Texas.