May 31, 2018 | Recent News
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...
May 12, 2018 | Recent News
This a pretty stunning case out of the Houston Court of Appeals – 14th District. In re Minix, 2018 Tex.App. LEXIS 1489 (Tex.App..– Houston [14th Dist.]. The parties entered a Mediated Settlement Agreement regarding custody of their three-year-old child....
May 8, 2018 | Recent News
I have had both lawyers and judges suggest from time to time that possession in particularly thorny custody cases be decided by a children’s therapist. Therapeutically and practically this always been problematic. The role of therapist is not to referee custody...
May 3, 2018 | Recent News
A common dispute in a divorce is the appropriateness of gifts a spouse has made to third parties during the marriage. This ranges from gifts to children, parents, and paramours. Gifts fall under constructive fraud which is discussed in the prior post, but there are...
Apr 26, 2018 | Recent News
Constructive fraud, waste and breach of fiduciary duty are essentially the same in the context of a divorce. Puntarelli v. Peterson 405 S.W.3d 131 (Tex.App. – Houston [1st Dist.] 2009. Constructive fraud is the breach of a legal or equitable duty which the law...
Apr 20, 2018 | Recent News
The Tax Cut and Jobs Act of 2017 has made a big and significant change to alimony and maintenance. Beforehand, alimony and maintenance were deductible for payers on their federal return and were reported as income by the receiver. In most cases, the payer is in a...
