Family Matters
Latest rulings, news and developments from R. Shane McFarland and industry-wide experts.
Austin Monthly Magazine – 2019 Top Attorneys
R. Shane McFarland was named one of Austin's top Family Law Attorneys by Austin Monthly Magazine.
Child Support Guidelines to Rise as of September 1, 2019
The Texas Register OAG made an Announcement of Adjustment Required by Texas Family Code §154.125. Effective September 1, 2019, the guidelines for the support of a child apply to situations in which the obligor’s monthly net resources are not greater than $9,200.
Doing the Default Right
When waiting my turn at the uncontested docket I am always surprised at how often defaults are done without supporting evidence. Here is another case that shows what happens when you don't prove up your case even when the other side doesn't bother to show up. In re...
What’s the right to determine the child’s primary residency really mean?
The right to determine the primary residence in Texas Family Law has traditionally meant that the parent awarded that right also determines the public school which the child will attend. The most frequently cited case for this proposition is Doncer v. Dickerson, 81...
Electronic Harassment (Among Other Things) Results in Protective Order
Here’s a case that demonstrates that extreme behavior directed toward an ex-spouse will often result in a protective order. Wargocz v. Brewer, No. 02-17-00178-CV, 2018 WL 4924755 (Tex. App.—Fort Worth 2018, no pet. h.) The general facts were in the first full month...
Different Deadline for De Novo Appeal between Associate Judges and IV-D Masters
A little known distinction in de novo appeals between Associate Judges and IV-D Judges is the time frame for filing the appeal. As background, a litigant has the right to have an elected Judge rule on their case. There are however many Associate Judge's appointed to...
I SWEAR IT’s MY SEPARATE PROPERTY
As a general proposition, testimony is sufficient to prove most elements in a family law case if the court or jury believes your testimony. An important exception is separate property, where mere testimony that property was purchased with separate property funds,...
Failure to Notify the Attorney General Can Lead to Void Child Support Agreement
Here is why you always notify the Attorney General about anything involving your case when they become involved. Additionally, this is another example of why it is best whenever possible not to get them involved in your case. In re OAG, No. 13-18-00474-CV, 2018 WL...
PHYSICAL RESIDENCE NOT INTENT IS DETERMINING FACTOR IN DETERMINING HOME STATE
Here's a good case that shows how determining a home state is determined by the facts on the ground, and not the intent of the parents. C.H. v. S.L., No. 02-16-00386-CV, 2018 WL 4925318 (Tex. App.—Fort Worth 2018, no pet. h.) (mem. op.) (10-11-18). The parties lived...
Bankruptcy and Divorce – Be Very Careful
Adeleye v. Driscal, ___ S.W.3d ___, No. 14-14-00822-CV, 2018 WL 1057482 (Tex. App.— Houston [14th Dist.] 2018, no pet. h.) (02-27-18). The above is a startling reminder that you should be very careful in a divorce case where a bankruptcy is pending. As background, if...
Preventing International Abduction
The Family Code provides Courts and parents a series of tools to prevent the international abduction of children. These are found in TFC 153.503. (1) appoint a person other than the parent of the child who presents a risk of abducting the child as the sole managing...
Divorce Jurisdiction vs. UCCJEA Jurisdiction
Rust v. Rust, No. 04-17-00674-CV, 2018 WL 4760157 (Tex. App.—San Antonio 2018, Here is an interesting case about the interplay of divorce jurisdiction and the UCCJEA. The underlying facts are the Husband was in the armed services and designated his residence as the...