Divorce

Texas Appeals Court Rules on Division of Assets and Child Support After Divorce

December 1, 2021 | by Robert Guest

When a couple gets divorced, there are many logistical aspects that need to be handled. For some couples, this may include separating the combined assets and determining custody of the children. And when one, or both, of the spouses has debts at the time of the divorce, this can affect the decision-making process as well. In a recent Texas appellate case, the court was tasked with deciding whether the previous judge misappropriated debt to the husband, affecting the division of the community property of the couple. Ultimately, the court decided that the division of assets was appropriate, regardless of the husband’s argument.

In this case, the couple got married in 2008 and separated in 2018. After a trial, the court awarded the wife one of the couple’s cars, 50% in any joint bank account, 50% community interest in a retirement savings account, and any bank accounts and possessions in her name. She was also ordered to pay all of the debts incurred from her credit cards, along with 50% of her student loan debt. The husband was awarded a different vehicle, 50% in joint bank accounts, 50% community interest in a retirement savings accounts, and bank accounts and possessions in his name. He was also ordered to pay 50% of the debt owed on the student loan account.

On appeal, the husband argued that the court mischaracterized the student loan debt as partially attributable to him. Like assets, debt can be divided amongst the parties during a divorce. Ultimately, the court disagreed with the husband’s argument and ruled the trial court did not abuse its discretion in the way it divided the assets—including debt.

Texas Appeals Court Dismisses Child Support Case Due to Mootness

November 18, 2021 | by Robert Guest

Although generally family court cases have a substantial and lasting effect on people’s lives, changes in circumstances may make some cases no longer relevant or actionable. In a recent case in a Texas child support case, a Texas appeals court found that the wife’s suit for child support modification had become moot.

In that case, the husband and wife shared two children. After their divorce, the wife filed a motion to modify child support and possession claiming that there were material and substantial changes affecting the child support. The court held a hearing and issued a decision in that case in 2018. The wife appealed that decision. While the appeal was pending, that wife filed a subsequent motion to modify the order and in 2020, the trial court signed a judgment in a separate proceeding. The wife did not appeal that decision. In the wife’s appeal, the husband argued that the appeal was moot because the wife had filed a new modification suit and the court entered a new child support order, which she had not appealed.

When Does a Case Become Moot?

Texas courts are required to consider intervening events that may affect a lawsuit and cause it to be moot. A case is moot if there is no “justiciable controversy between the parties.” If a controversy between the parties does not exist or ceases to exist, the parties do not have a legal interest in the outcome, or the court’s judgment does not have any practical legal effect, the case is moot.

Texas Appeals Court Considers Equitable Division of Community Property in Recent Divorce Case

October 31, 2021 | by Robert Guest

A recent decision from a Texas appeals court consider whether a court equitably divided community property between a couple and also whether the wife was entitled to temporary spousal support. The husband and wife got married in 1991 and separated in 2017. After a trial, the court divided the community property of the couple. The court awarded to the wife a portion of the husband’s retirement benefits, including 100% of the account balance, a portion of another of the husband’s retirement benefits, including 50% of the balance of the account, and a totaled 2014 vehicle.

The court awarded to the husband the remainder of the retirement benefits and a 2016 vehicle and a 2017 motorcycle. The court also awarded the wife over $7,000 in reimbursements and $34,000 for unpaid temporary spousal support. In addition, a judge had previously found that the husband was required to pay temporary spousal support in the amount of $2,000 per month beginning on the date of separation and ending on the day the court signed the default divorce decree. The court later set aside the default decree.

The husband appealed, arguing that the division of community property was unjust and that the judgment for unpaid spousal support was unjust because he did not realize he was supposed to pay spousal support after the default decree was set aside.

Primary Factors During Texas Child Custody/Conservatorship Determinations

October 24, 2021 | by Robert Guest

Texas child custody laws are continually evolving, and courts must conduct a thorough analysis before making any determinations. The state recently replaced a significant amount of the language in their statutes to lessen the entire process’s negativity. For instance, custody is now referred to as “conservatorship,” that and “managing conservatorship” and “possessory conservatorship” replace “legal” and “physical” custody. Possession and access to the children refer to when the parents have physical custody or visit their children. Generally, Texas maintains two custody schedules, standard and extended standards, which dictate how and when each parent sees their children.

The Texas Family Code, Section 153, explains that child custody determinations should be viewed under the lens of “the best interests of the child.” While the Code presumes that joint custody is ideal, that arrangement does not always comport with the child’s best interests. Courts typically make their decisions per the state’s public policy concerns. The primary factors revolve around assuring that the:

The child will have continuing and frequent contact with parents who have established the ability to act in the child’s best interest,

Texas Appeals Court Considers Unequal Division of Couple’s Pensions

September 23, 2021 | by Robert Guest

A Texas appeals court recently considered a Texas divorce case in which the trial court had unequally divided the parties’ pensions. In that case, the trial court had granted the divorce and divided the community property. In dividing the community property, the trial court awarded each of the parties 100% of their pensions. The husband appealed, arguing that the trial court abused its discretion in dividing the parties’ retirement accounts by awarding the wife 100% of her FERS pension because her pension was more valuable than the husband’s. The husband argued that as a result, the wife was awarded a disproportionate portion of the community estate. The husband argued the division was unfair because it created an overall division of the estate of 62% to the wife and 38% to the husband.

Division of Community Property Under Texas Law

Under the Texas Family Code, a trial court must divide the estate of a married couple in a way “that the court deems just and right.” However, a trial court does not need to divide a community estate equally. An estate may be divided unequally as long as there is a reasonable basis to do so. A court can consider a number of factors, including the difference in the parties’ incomes and earning capacities, the nature of the property, the parties’ physical condition, the parties’ financial obligations, fault in the dissolution of the marriage, their ages, their business opportunities, the size of their separate estates, and their need for future support.

Dividing Property During a Texas Divorce

August 25, 2021 | by Robert Guest

In the U.S., states can follow one of two methods of distributing property during a divorce; equitable division or community property. Texas is one of nine jurisdictions that follows the community property doctrine. Under this theory, the law presumes that all of the property a couple acquired during the marriage equally belongs to both spouses. Spouses who wish to assert separate ownership over a piece of property must prove sole ownership.

Under Texas Family Code Ann. § 3.0001, separate property is anything one spouse owned before marriage. Further, separate property includes certain property a spouse acquired during the marriage. For example, separate property may include:

An inheritance one spouse received.
Property gifted from the husband or wife.
Compensation for personal injuries.

However, it is essential to note that courts do not consider personal injury damages related to earning capacity loss as separate property. A party contesting community property presumption over an item must prove ownership by a preponderance of the evidence.

Texas has two types of marriage, ceremonial and common law

January 4, 2021 | by Robert Guest

So you want to get married? Or you think you are married? If you are in Texas, there are two different ways to be married. The first is called a ceremonial marriage. It’s what you think of when you picture a traditional wedding or a couple saying their vows in front of a justice of the peace.

What is a ceremonial marriage in Texas?

The last thing you want to do is have a wedding and not be married. To make sure that doesn’t happen let’s go over the rules for a ceremonial marriage. In Texas, a valid ceremonial marriage requires four things.

Divorce Documents Checklist For Texas Family Law Cases

December 24, 2020 | by Robert Guest

Texas Divorce Law is changing in 2021. Starting on 1/1/21 there will be new discovery rules that will apply to all family law cases, including child custody and divorce. What does this mean for people starting the process? It means it’s time to get organized. If you are going to meet with a Texas Family Lawyer in 2021 you must have certain documents and information ready from the start.

What’s changed?

Starting in January 1st, 2021 all parties to a divorce will be required to turn over certain documents within 30 days. So as soon as you are served with a divorce or child custody case you will have 30 days to respond, and as soon as you file a divorce case you will have 30 days to turn documents over to the other party.

New Kaufman County Coronavirus Family Law Custody Order

March 25, 2020 | by Robert Guest

Courts are working to head off problems with custody orders caused by the Coronavirus. If you have a custody order you must keep up with these orders, since they apply to you. The most recent order on family cases in Kaufman County is from March 25th.

Standing Order Governing Possession and Access During the Shelter in Place Order of Kaufman County Judge Signed March 24, 2020

For all cases arising from the Family Law Courts of Kaufman County, the Court ORDERS that:

Dallas Family Courts Issue Emergency Coronavirus Possession Order

March 17, 2020 | by Robert Guest

Coronavirus is impacting family law in Texas, and one of the first areas that had to be addressed is spring break visitation. Most possession orders refer to the time when spring break ends as a time for possession and visitation to change. But what happens when we are under quarantine and spring break is extended by your school district?

Dallas County has just announced that they are going to enforce the original school calendar for issues of visitation, possession, and access. Most courts and counties that have issued statements have adopted the same position. So if you are trying to extend your spring break visitation because of a coronavirus shutdown, you are probably going to have a bad time.

Here is the text of the order-