In a recent Texas child support case, a mother appealed after the trial court enforced a mediated settlement agreement. She argued it was an error to enforce it because: (1) it included a child support provision that violated public policy, (2) the mother took back her consent before it was…
Texas Divorce Attorney Blog
Texas Child Support Modification Deviates from Statutory Guidelines
In a recent Texas appellate case, the lower court’s SAPCR order granting a child support modification for the mother was appealed by the father. The father argued the trial court shouldn’t have set the periodic child support obligation to be more than the statutory child support guidelines provided and found…
Gift Given Before Texas Marriage
In a recent Texas property division decision, an ex-husband tried to reverse a property distribution order issued as part of a divorce. The couple married in 2012, after the husband had bought a tractor and multiple attachments from a dealership. The husband had signed a five-year note to finance a…
Temporary Spousal Maintenance in Texas
In a recent Texas spousal maintenance case, a husband appealed from a final divorce decree. He claimed the court made a mistake by awarding the wife $1,500 in spousal maintenance, awarding temporary spousal support of $2,500 each month, ordering him to pay $20,000 in delinquent temporary spousal support payments, failing…
Texas Final Divorce Decree Includes Error But Stands
In a recent Texas divorce case, the plaintiff appealed from a trial court order related to property division in a divorce. The case arose when a couple signed a mediated settlement agreement that indicated a particular brokerage account would be awarded to the wife. The husband’s attorney drafted the divorce…
Husband Asks for Marriage to be Declared Void in Texas
In a recent Texas divorce case, a husband appealed from a divorce decree. He and his wife married in 2014, and they had a son in the same year. In the following year, he petitioned the court to declare that their marriage was void, claiming that his wife’s prior marriage…
Death Penalty Sanctions in a Texas Divorce
In a recent Texas divorce case, the lower court imposed so-called “death penalty sanctions” against the wife for litigation misconduct. The wife sued for divorce in 2016, and the husband counter-petitioned in the following month. In the counter-petition, the husband pled claims of misapplication of community property, fraud, breach of…
Post-Majority Expenses in Texas Divorce Agreements
In a recent Texas appeal, a father appealed a judgment that awarded the mother post-majority expenses for their child. The case arose from the parents entering into an agreed final decree of divorce and settlement affecting the parent-child relationship. There was a section titled “college education.” In this provision, the…
Duties Owed by Constructive Trustee for Property Awarded to A Spouse in Texas
In a recent Texas divorce case, the court examined a divorce decree that named a husband as constructive trustee of property decreed to the wife. The property at issue was a 50% undivided interest in the shares of an LLC. The dispute in the case was whether the constructive trustee…
Deviation from Standard Possession When Texas Mother Has Mental Health Problems
In a recent Texas appellate case, a mother appealed from a trial court order that limited her possession of her daughter to once a month over one year. The case arose when the Department of Family and Protective Services brought an action for the protection and conservatorship of a couple’s three-year-old daughter. It…