What is intentional underemployment? Bob has a child with Mary. Bob makes $10,00,000 a year as a professional baseball player. Mary takes Bob to court for child support. Bob is in his baseball prime and could still play if he wanted. But Bob decides to retire from baseball and take…
Articles Posted in Appeal
Living Together During The Divorce and Family Violence
It is not uncommon for married couples to live together while a divorce is pending. One of the issues we often have to address for our clients is who is going to live in the marital residence. This can be agreed to, and often one party will agree to move…
Can I get parts of my divorce decree thrown out while keeping the parts I like?
Can I appeal my divorce while still accepting benefits from the parts of the judgment that work in my favor? As with most questions asked about the law, the answer to whether you can appeal a part of your divorce while accepting benefits from the parts of the divorce you…
Can I get out of a Rule 11 agreement I entered by mistake?
Rule 11 agreements are terms that a party can agree on and have the same affect as a court order. So long as the agreement satisfies the requirements of Texas Civil Procedure 11, these agreements are enforceable. Can I get out of a Rule 11 agreement that I entered into…
Can I appeal the property division from my divorce trial?
What if I don’t like how the court divided the property in my divorce? Can I appeal it? You can try and appeal the courts division of your property in a divorce settlement but the appeals court will have a certain standard that they will use when reviewing the trial…
You need a lawyer for your divorce, and for your divorce appeal
When someone decides to become a lawyer he or she must go through a rigorous process before becoming certified to practice law. It is required that he or she complete law school, which can take anywhere from to three or four years, and pass an extensive exam. During the course…
Can a parent lose custody of their children if they use meth?
Usually, it is in the best interest of a child to live with their parent. This is not always the case though, and there are times that a court may need to terminate the rights of a parent. The court will terminate a parent-child relationship if it finds it to…
Modification of Custody in Less Than One Year: How Important is the Affidavit?
You just finalized your divorce or custody matter, however it seems like every time you turn around you think that your child should live with you instead of the other parent primarily of the time. Even though it is has not even been a year yet since your final orders…
Default Judgments in Divorce—What it Takes to Get a New Trial Granted
You have been served with a petition for divorce and it states you have to file an answer by 10:00 a.m. on the Monday next after the expiration of 20 days. However, you have been working things out with your soon-to-be-ex spouse and you guys have agreed upon everything. Your…
The Judge Did Not Divide the Assets Fairly in My Divorce, Can I Appeal?
You have just finished a long bench trial in your divorce and you do not feel that the trial court was correct in its division of your assets and liabilities. In fact, you feel that the judge was completely wrong and you got the short end of the stick. So,…