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...

Are Jury Trials for Custody a Moot Point?

In Texas parents have a right to ask a jury to decide which parent determines the primary residence of the child. There are a host of reasons to select a jury, one of the most obvious being you don’t want the Judge making that decision. Juries however are...