Texas spousal maintenance is generally intended to provide temporary rehabilitative support to spouses who are unable to support themselves. The appeals court recently reviewed a case in which spousal maintenance was ordered “in lieu of child support” for the parties’ now adult daughter, who is disabled. The parties divorced in…
The Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) governs which state’s courts have jurisdiction over an initial custody determination. Texas has codified the UCCJEA in Chapter 152 of the Texas Family Code. A Texas court has jurisdiction if Texas is the child’s “home state” when the proceeding commences or…
It can be difficult to modify a child support order to decrease the child support obligation. A father recently appealed the denial of his request for a decrease in his above-guideline child support obligation without step-downs. Generally, a child support order for multiple children will provide for a decrease in…
The Seventh District Court of Appeals recently considered a case involving significant issues of custody and child support. The trial court had appointed the father sole managing conservator and ordered him to pay child support to the mother. Both parents appealed. Sole Managing Conservator The mother argued the trial court…
Texas family law matters are often complex. A father recently challenged a modification order changing his child support obligation after a lengthy and somewhat complicated litigation involving the child. The mother petitioned for enforcement of child support and medical support in September 2022, asking the father be held in contempt…
If a parent does not comply with a Texas custody or child support order, the other parent may seek enforcement of the court order and, in some cases, request the parent be held in contempt. A father recently challenged an order granting the mother’s motion to enforce the divorce decree.…
A court may retroactively modify a Texas child support order in some circumstances, but it generally may only do so as to child support obligations that accrue after the earlier of the date of service of citation or an appearance in the modification suit. Tex. Fam. Code 156.401. A father…
A trial court may modify a Texas child support order if there has been a material and substantial change in circumstances since the rendition of the prior order. The party seeking the modification has the burden of establishing the change in circumstances. The court may also modify an order if…
During its most recent session, Texas lawmakers adopted and passed several amendments and updates to the Texas Family Code, which were then formally signed into law by the Governor. These revisions and additions to the Texas Family Code impact numerous areas of family law, including but not limited to: (1)…
Insurance agent checking policy documents in office. Parties to a Texas divorce may enter into a Rule 11 agreement to resolve issues in their case. The agreement must be made in open court and entered into the record, or be in writing, signed, and filed with the court. A Rule…