Dallas Divorce Lawyer Blog

Texas Appellate Court Refuses to Credit Child Support Debtor for Out-of-State Property

November 15, 2023 | by Robert Guest

One of the largest issues in Texas child custody and divorce law is that of child support. The State of Texas has an interest in having each resident child enjoy the financial support of both parents and child support laws are designed to facilitate the fair division of child-rearing expenses between a child’s legal parents. If one party refuses to pay the amount of allotted support, a Texas court can compel that party to sell or surrender other valuable property to the court in lieu of the child support payments. The Texas Court of Appeals recently released a ruling that denied a party a significant offset to his child support arrearages based on out-of-state property that was subject to a receivership appointment.

According to the facts discussed in the recently published opinion, the parties had been a married couple with children who divorced in 2015. As part of the divorce ruling, the father was ordered to pay monthly child support to the mother. After the father failed to pay the ordered support, the mother sought an order in a Texas family court to force the father to sell property in Maine that he had previously inherited. The Texas court appointed a receiver to manage the liquidation or transfer of the property to the Mother. A receiver refers to an individual or entity appointed by a court to take control of and manage certain aspects of the property. The appointment of a receiver is typically done to protect the interests of one or more parties involved in the property dispute.

In this case, the receiver failed to immediately find the property in Maine, and no further action was taken until the particular property was sold at a foreclosure auction based on the owner’s failure to pay property taxes. After nothing was gained from the receiver appointment, the Other approached the court to get a money judgment against the father for the amounts still owed. The father challenged the debt, arguing at trial and on appeal that he should be credited for the value of the Maine property, even though it was ultimately lost before the receiver or Mother was able to take possession of the property. The appellate court rejected the Father’s arguments, holding that any fault on the receiver’s part was not that of the Mother and that the child support debt remained valid and enforceable. The father was not granted an offset and will be required to pay his arrears in full.

How Texas Courts Determine the Best Interests of a Child in Termination Proceedings

November 5, 2023 | by Robert Guest

Family law cases are often emotionally charged and complex, particularly when it comes to parental termination proceedings. Termination of parental rights is a significant legal decision with profound implications for all parties involved. The Texas Court of Appeals recently released a judicial opinion that sheds light on the factors considered in Texas family law when determining the best interests of a child for purposes of a parental termination proceeding.

In Texas, the welfare and best interests of the child take precedence in cases involving termination of parental rights, as per Section 161.001(b)(2) of the Texas Family Code. The courts rely on a set of factors to make this determination, as highlighted in a recent judicial opinion excerpt:

Child’s Wishes: The child’s own expressed preferences play a role in the decision-making process.
Emotional and Physical Needs: The court examines the child’s current and future emotional and physical requirements.
Emotional or Physical Danger: Consideration is given to whether the child faces emotional or physical harm, both currently and in the future.
Parenting Abilities: The abilities of the parties seeking custody are scrutinized.
Programs Available: The existence of support programs for the involved parties is taken into account.
Plans for the Child: The court assesses the plans outlined by the parties seeking custody.
Stability of Proposed Placement: The proposed placement’s stability is a critical factor.
Parent’s Conduct: Parental behavior that indicates an improper parent-child relationship is reviewed.
Excuses for Parent’s Conduct: Any excuses or justifications for the parent’s conduct are considered.

The Intersection of Divorce and Domestic Violence Protective Orders in Texas

October 22, 2023 | by Robert Guest

Divorce in Texas is a challenging process, often marked by emotional turmoil and complex legal proceedings. When divorce becomes entwined with issues of domestic violence, the situation becomes even more daunting. Texas law is designed to protect the safety of victims of domestic violence while ensuring that alleged perpetrators of such violence are afforded due process while the court addresses the allegations. In this blog post, we delve into the details of one recently decided appellate case and explore the complex interplay between divorce and domestic violence protective orders in Texas.

The case in question revolved around a divorce that was filed in 2020. At the time of filing for divorce, the couple had been married for over three years and had a one-year-old daughter. After the man filed for divorce, the woman filed a counterpetition and sought a protective order for herself and her daughter, alleging that the husband had been violent to the wife and their daughter during the marriage.

The protective order hearing spanned six days, during which multiple witnesses provided testimony. The court also reviewed photos of injuries allegedly suffered by the victim. After the hearing, the court issued a final protective order in favor of the woman, making specific findings that the husband had committed family violence, was likely to commit it in the future, and had caused serious bodily injury. The protective order was set to last for eighteen years.

Navigating the Complex World of Appeals in Texas Family Law Cases

October 13, 2023 | by Robert Guest

Family law practice in Texas involves complex procedures and intricate legal maneuvers, which often define the process of filing an appeal. A recent judicial opinion involving a Texas family law case where a father sought to appeal the termination of his parental rights demonstrates the intricacies and potential pitfalls of the appeal process and serves as a reminder of the importance of retaining counsel with a sufficient understanding of the law’s nuances when fighting for parental rights.

According to the facts discussed in the recent judicial opinion, a father was faced with losing his parental rights to his two children after he was found unfit during a bench trial. The trial court ultimately ordered the termination of both the father’s and the mother’s rights, citing several legal grounds under the Family Code. The parents’ world turned upside down, and they decided to appeal this life-altering decision.

Texas law allows parties to appeal to one of two different courts of appeals, and this choice can have significant implications for the case. This decision requires careful consideration and could ultimately impact the fate of the appeal. In this particular case, the father initially noticed his appeal to one court of appeals, while the mother chose the other. However, as the parties recognized the need for consolidation of their appeals from the same trial court order, a jurisdictional dispute arose. This situation necessitated a subsequent amendment to the notice of appeal to reflect the mother’s chosen appellate court.

The Importance of Clarity in Texas Divorce Agreements

October 6, 2023 | by Robert Guest

Divorce in Texas is a challenging and emotionally charged process that often involves complex legal agreements. Most divorces end without a trial, with the parties often agreeing to a stipulation in mediation. Divorce stipulations and settlement agreements may not always be entirely clear, and enforcement of the agreements often relies on alternative interpretations of the same agreement. The Texas Court of Appeals recently ruled on a case that involved competing interpretations of the same divorce settlement agreement.

In the legal world, divorce agreements are seen as binding contracts between the parties involved. These agreements serve to demarcate the respective obligations and rights of each party, allowing them to strike the deal they choose to strike voluntarily. This principle underscores the significance of clarity and precision when drafting divorce agreements. Parties must ensure that their agreements are explicit, leaving no room for ambiguity or misinterpretation.

In the recently decided appellate opinion, the court examined a divorce agreement that centered around the division of a marital residence. The crux of the issue revolved around the date at which the property’s value would be assessed for the purpose of division. One party wished for the appraisal to be made on the date of the entry of the agreement, whereas the other party disagreed since property values had fluctuated dramatically since the agreement was reached. The agreement itself did not specify a particular date for the appraisal.

How to Prepare for Your First Meeting with a Forney Divorce Lawyer

September 29, 2023 | by Robert Guest

Going through a divorce is a challenging and emotionally charged experience. When seeking legal guidance, it’s essential to make the most of your initial meeting with a Forney divorce attorney. Adequate preparation ensures that you can maximize your time together, gain clarity on the process, and set realistic expectations.

At the Forney, TX, divorce law firm of Guest & Gray, we help clients through the process of getting a divorce. Like many divorce attorneys, we provide free consultations to all prospective clients and want our initial meeting to provide you with all the information you need. So, in this blog post, we will provide you with valuable tips on how to prepare for your first meeting with one of our divorce lawyers, that way, we can provide you with meaningful advice to guide your decision-making.

Compile Essential Documents

Are Divorces Issued in Other Countries Valid and Enforceable in Texas?

September 29, 2023 | by Robert Guest

For many couples, navigating the intricacies of divorce can be a complex and emotionally charged process. This is especially true when international elements are involved, as matrimonial and divorce laws vary worldwide, and may interfere with due process or other U.S. Constitutional rights if they are strictly enforced without scrutiny. The Texas Court of Appeals recently addressed the issue of how a Pakistani divorce decree could be recognized and enforced in Texas.

According to the facts discussed in the recently decided appellate opinion, the central question of the case revolved around the recognition of a divorce certificate obtained in Pakistan in the state of Texas. The case highlights the complexity that arises when foreign legal systems intersect with Texas family law. The appellant in the Texas case initiated divorce proceedings in Pakistan and obtained a divorce certificate. However, her former spouse, the appellee, challenged the validity of the divorce. Ultimately, the Supreme Court of Pakistan upheld the divorce certificate, effectively dissolving the marriage between the parties.

The Texas court was tasked to decide how the principle of comity applies to the foreign decree, specifically whether it should grant comity to the Pakistani Supreme Court’s decision to uphold the divorce certificate. Comity suggests that courts should give respect and recognition to the legal decisions of foreign jurisdictions. In opposition to the comity request, the appellant argued that she was not afforded due process during the divorce proceedings in Pakistan, as she was not personally served and received notice only five days prior to the divorce through publication in a local circular. Due process is a fundamental aspect of legal proceedings, both domestically and internationally.

Do You Need a Lawyer if You Anticipate an Amicable Divorce?

September 22, 2023 | by Robert Guest

Divorce is often portrayed as an acrimonious and bitter process, but what if you and your spouse have managed to maintain a cordial relationship throughout your separation? While it’s commendable that you can still get along, it doesn’t mean that you don’t need a Forney divorce lawyer to ensure that your interests remain protected.

At Guest & Gray, we’ve seen many situations where couples start off the divorce process on fairly good terms but end up in a contentious situation due to the emotional challenges of navigating the process without legal representation. In this blog post, we’ll explore why enlisting an attorney’s help is essential, even in amicable divorces.

Objective Guidance and Advice

A Forney divorce lawyer serves as an impartial professional who can provide objective guidance and advice. At Guest & Gray, our attorneys possess a deep understanding of divorce laws, ensuring that you are aware of your rights, entitlements, and responsibilities. We can help you navigate complex legal processes, including property division, child custody arrangements, and spousal support. Their expertise ensures that you make informed decisions that protect your long-term interests, even if the separation remains amicable.

A Guide to Understanding Spousal Support Laws in Texas

September 15, 2023 | by Robert Guest

When a marriage ends, one of the most pressing concerns is the financial well-being of both spouses. In Texas, spousal support, also known as alimony, can play a crucial role in providing economic stability during and after a divorce. In this blog post, our Forney divorce lawyers will delve into the key aspects of spousal support laws in Texas, shedding light on eligibility, the factors a court will consider, and the different types of spousal support.

Eligibility for Spousal Support

In Texas, eligibility for spousal support depends on various factors. The court may award spousal support if the spouse seeking support lacks enough property or income to provide for their reasonable needs after the divorce. Additionally, the court considers several other aspects, including the length of the marriage, the age and health of the spouses, the earning capacity of each spouse, and any marital misconduct that may have occurred.

Factors Considered by the Court

When determining the amount and duration of spousal support, the court takes several factors into account. These factors include the financial resources available to both spouses, the education and employment skills of each spouse, the time needed for the spouse seeking support to acquire sufficient education or training, and the contribution of each spouse to the marriage, both financially and as a homemaker. The court also considers the separate property owned by each spouse and any child custody arrangements.

Why Go Through the Trouble of Establishing Paternity?

September 8, 2023 | by Robert Guest

Establishing paternity is a significant step for both men and women, providing numerous benefits and legal protections. In this blog post, we will explore why individuals may choose to go through the process of establishing paternity. From securing parental rights to fostering emotional connections, understanding the importance of paternity determination can positively impact the lives of children, parents, and families.

Legal Parental Rights and Responsibilities

Establishing paternity is crucial for men who want to assert their legal rights and responsibilities as fathers. It grants them the opportunity to participate in important decisions regarding the child’s upbringing, including matters such as education, healthcare, and religious upbringing. It also enables fathers to seek custody or visitation rights, ensuring a meaningful and ongoing relationship with their child. For mothers, establishing paternity can provide access to child support, helping to ensure financial stability for the child’s well-being.