Family Matters

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

Recovering a Child’s Money in a Divorce

The Family Code allows for a spouse to be reimbursed when another spouse improperly disposes of community property, but makes no allowance for when a spouse improperly disposes of a child's property.  Furthermore, the Family Code does not codify how to divide a...

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Immigration Status is Not Grounds to Void an MSA

The Houston Court of Appeals has found that the defense of illegality does not void a Mediated Settlement Agreement.  As background, any contract or agreement may be voided if it's illegal.  You can't for example enforce a contract to rob a bank.  In In re Marriage of...

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An Amicus Attorney May Not Also Be A Mediator

It's not uncommon for an Amicus Attorney or Guardian Ad Litem to assist in settling contentious divorce or child custody proceedings. This, however, does not allow them to take on the role of mediator per the Tyler Court of Appeals.  In In re E.B. (Tyler Court of...

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Admitting Electronic Evidence

The law often struggles to maintain pace with constantly changing technology, particularly when authenticating electronic evidence.  Gadekar v. Zankar, (Tyler Court of Appeals) (12-16-00209-CV), demonstrates the pitfalls.  In a final divorce trial the Husband,...

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Standard of Proof to Modify Temporary Orders

A common situation litigants face in a complex divorce is multiple temporary orders hearings.  The family code is not clear on what standard of poof is necessary to modify a prior temporary order.  The 14th Court of Appeals has addressed the issue in In re McPeak.  In...

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Child Tax Deduction Eliminated

The child tax deduction has been eliminated by the Tax Cuts and Jobs Act of 2017.  The child tax credit, however remains and has increased to $2,000 per qualifying child.  A qualifying child is one who is under the age of 17 and has lived with the taxpayer for over...

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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.