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...

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...

New Tax Act Changes Rules for 529 Plans

529 plans are a common asset that’s divided in a divorce.  Perviously these funds could only be used for college expenses.  The new Tax Cut and Jobs Act changes that to allow 529 plans to be used for homeschooling and private school tuition up to $10,000 per...

Which Parent Decides What School the Child Attends

The language in the Texas Family Code creates two rights that directly affect what school a child will attend.  The first is the right to determine the child’s primary residence and the second is the right to make educational decisions.  The code requires in a...

US Supreme Court Rules on Beneficiary Designation

The U.S. Supreme Court has weighed in on the beneficiary designation of an ex-spouse (Sveen v. Melin.)   The case addressed a Minnesota Law that states if one spouse has made the other the beneficiary of a life insurance policy or similar asset before a divorce, their...