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Articles Posted by Kelly McClure

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Meaning of “Multiple Households” for Purposes of Calculating Texas Child Support

Courts often keep siblings together; however, in some Texas child custody cases, it is in the children’s best interest for them to be split up. When one or more children live with one parent and one or more children live with the other parent, each parent may be obligated to…

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Cruel Treatment During Marriage Results in Disproportionate Division of Property

Fault in Divorce Divorces may be granted without fault, but Texas still allows divorce to be granted on fault-based grounds in certain situations.  For example, a Texas divorce may be granted in one spouse’s favor if the other committed “cruel treatment” that makes the parties continuing to live together “insupportable.”…

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Texas Court Finds No Common Law Marriage Existed Despite Representations the Parties Were Married

Texas, unlike many states, still recognizes common law marriage (also known as an “informal” marriage). Unlike with formal marriages, a common law spouse often has to prove that the marriage even existed before getting a divorce.  A party may prove that an informal marriage exists by showing that the parties…

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Texas Court of Appeals Denies Writ to Vacate Order Compelling Therapy

In an ideal situation, child custody may be resolved by agreement, potentially following mediation.  In some cases, however, Texas child custody cases become long protracted affairs with disputes that last for years. A father recently challenged an order that required him to participate and family therapy and restricted his access…

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Texas Appeals Court Affirms Charging Order Against Businesses to Enforce Judgments Arising from Divorce

Unfortunately, former spouses do not always comply with all of their obligations under a Texas divorce decree.  When that happens, the other party may need to take action to enforce those obligations.  A father recently challenged a court order charging his interest in certain business organizations with judgments the mother…

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Ex-Wife Not Required to Repay Ex-Husband for Mortgage Payments After Divorce

Sometimes, couples’ lives remain intertwined even after divorce.  If the parties continue to mingle finances, own property together, or keep or take out loans together after the divorce is final, the divorce may not finally resolve all of their issues. In a recent case, an ex-husband sued his ex-wife regarding…

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Continuing Texas Child Support While Child Pursues High School Diploma

A Texas court may order child support beyond a child’s 18th birthday if the child is still in high school, whether a public school, a private school, or course that provide joint high school and junior college credits.  The child must comply with the minimum attendance requirements in the Education…

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