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Figuring out child support can be an emotional and prolonged process, especially because an initial award may need to be adjusted. A recent case revisiting a child support order demonstrates some of the complications that can arise. In the case, a Texas father challenged the amount of child support a court had ordered him to pay. He also challenged the court’s order that he pay increased child support retroactively. Although the father was successful in his challenge to the retroactive support, the court upheld the monthly award amount, which the father will be required to pay moving forward.

In its opinion, the court first addressed the issue of the amount of child support to be paid. Texas law provides a set of guidelines to help the courts determine the appropriate amount of child support in any given case. The guidelines recommend a certain percentage of net monthly income based on the number of children a parent is obligated to support financially. For example, under the guidelines, a parent who is obligated to pay child support for three children will ordinarily be required to pay 30 percent of their net monthly income in child support. However, the law carves out a limit applicable to parents with significant resources.

When a parent’s monthly net resources exceed a certain amount as specified in the law, the percentage guidelines do not apply to the excess resources. The effect of this law is to set a presumptive upper limit on child support awards. But under Texas law, a judge can still choose to award additional child support based on each parent’s income and the children’s specific needs.

What is a Will?

We are all going to die someday, and that means we all need a will. But what is a will? A will defines what you want to happen after you die. In other words, a will is a legal way to declare your intentions upon death. We call it a will because it’s what you will, or desire to happen. It expresses your will or intent. 

 “A will is generally defined as an instrument by which a person makes a disposition of his property to take effect at his death, and which by its own nature is ambulatory and revocable during his lifetime.” In re Estate of Brown, 507 S.W.2d 801, 803.

Termination of Parental Rights

As a parent, you are the legal guardian of your child. Parental rights pertain to the custody of the child, i.e. (1) the legal right to make decisions for the child; and (2) physical custody to provide and care for the child. Usually, the decisions made by the parent are done with the best interest of the child in mind. However, when the parents of the child act in such a way, that it is in the best interest of the child to terminate parental rights, a court can and will terminate accordingly.

WHAT IS THE BEST INTEREST OF THE CHILD?

The coronavirus is impacting courts across Texas. Kaufman County Judges have issued the following orders to reduce the number of hearings and to help with the social distancing recommendation by the CDC.

These guidelines are effective from March 23, 2020, until further order of the Courts-

1. If a Person is Sick- Everyone who is sick or who thinks they have been exposed to COVID-19 should contact (phone or email) the court to reschedule their hearings or trials. These individuals should not appear in court.

Parents can agree, or be ordered, to pay private school tuition as part of a custody or divorce case. Let’s say that you and your spouse agree that you will pay for your child’s private school tuition, you put that in the decree, then the bill comes, or you lose your job and can’t pay. What now?

This was the subject of a recent family law case in the Dallas Court of Appeals- IN THE INTEREST OF H.L.B. AND B.L.B., CHILDREN

In that case Mother and Father had two children. In 2015, as part of an agreed divorce decree Father agreed and was ordered to pay all private school tuition. In 2018 Father filed a petition to modify and asked that either Mother pay all the private school tuition, or the children start attending public school.

In Texas, grandparents have a limited ability to seek court-ordered access and possession of their grandchildren. Grandparents who are considering filing a lawsuit to obtain possession and access need to understand the requirements, which are found in the family code.

Texas family code section 153.433-

This section allows a court to order reasonable possession of or access to a grandchild by a grandparent if:

Texas allows divorce and family law cases to bet set for a jury trial. Most clients don’t realize this is an option when they begin a family law case, but Texas does allow a jury to decide some issues in divorce and custody cases. If you are considering a jury trial you should talk to your lawyer about the advantages or disadvantages over a bench trial (having the judge decide the issues in your case.) Juries get to make binding decisions on some issues, but other issues are left to the judge to decide, even in a jury trial.

What issues can a jury decide in a Texas family law case?

1. Grounds for divorce- If you plead for a fault divorce, a jury can decide if those grounds exist.

You are involved in a child custody case and you need to protect your children from the other parent’s dangerous behavior. Perhaps the other parent was arrested for DWI, is abusing drugs/alcohol, or has moved into a home with a dangerous criminal. These are common reasons our family law clients seek temporary restraining orders. Let’s talk about what parents can do to keep their children safe with a restraining order.

What is a temporary restraining order (TRO)?

A temporary restraining order is used to preserve the status quo in a case by restraining a party from doing something or preventing them from doing something. It is common for a parent to ask the court to protect the children in a case, and ask that the other parent be restrained from access or possession to the child in a case. If a TRO involves access or possession of a child, then an affidavit will need to be attached when your lawyer files for the TRO.

What is Discovery

If you’ve ever been in a lawsuit, chances are you have served the other party, or have been served by the other party, discovery requests. Discovery simply put is the exchanging of relevant information about the case that can help parties decide the best course of action to move forward, to come to an early settlement offer, or to help present the case in trial. If you are served Discovery Requests, you are required to respond to them. Not responding to them can lead to Court enforcement. 

Types of Discovery