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...

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...

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...

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...

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...