Nov 23, 2018 | Uncategorized
This case outlines a defense that is often available to parties defending a Motion to Modify. The San Antonio Court of Appeal in In re A.B.R., No. 04-17-00220-CV, 2018 WL 3998684 (Tex. App.—San Antonio 2018, no pet. h.) (mem. op.) (08-22-18) addressed the following...
Nov 8, 2018 | Uncategorized
Here’s a case that confirms the general proposition that child support judgments never go away. The Dallas Court of Appeals ruled in In re S.H., No. 05-17-00336-CV, 2018 WL 3751297 (Tex. App.—Dallas 2018, no pet. h.) (mem. op.) (08-08-18), that a final decree...
Oct 30, 2018 | Uncategorized
To enter a family violence protective order a Texas court must find that family violence (1) has occurred and, (2) is likely to occur in the future. TFC 81.001. Of the two prongs, the harder to prove in most cases is that violence is likely to occur in the future. ...
Oct 19, 2018 | Uncategorized
It’s common to enter complete a divorce before a marital residence is sold, but it’s important to be specific about the terms of the sale including when the house will be sold and how to determine the sale price. Here’s a case that illustrate why....
Oct 17, 2018 | Uncategorized
Here is a case showing why it is important, even in a default to properly present evidence and offer testimony supporting the relief you are requesting. In Schindler v. Schindler, No. 13-16-00483-CV, 2018 WL 3151857 (Tex. App.—Corpus Christi 2018, no pet. h.) (mem....
Oct 9, 2018 | Uncategorized
This is one of the most frequent questions I get. “What do I do if the children refuse to go with the other parent?” According to the Beaumont Court of Appeals, In re Miller, 09-18-00253-CV, the answer is you only have to make them available. In this...
