Many people believe property is divided in half as a result of divorce. It certainly sounds reasonable on many levels. Equal division of property is the standard in some other states, but not in Texas. You can end up with a lot more, or a lot less, than 50% of the community property so you better understand the legal standard the judge is going to use.

It may not mean much to you right now, but if you have significant property to divide in your Woodlands Divorce case then the words “just and right” may end up haunting you if you are not prepared. “Just and Right” is Read more…

You have to prove your case. At the end of the day no matter how many horrible accusations are traded between you and your ex it is your Woodlands Divorce Attorney’s job to prove your case with the evidence. If a certain piece of evidence is not legally admissible then it cannot be used to prove your case or used against you. Hearsay evidence is generally not allowed, even in a Woodlands divorce case and even if the evidence is offered by the Attorney General. In a recent child support case a trial court allowed hearsay evidence from the Attorney General’s office, but did not exclude it under a narrow exception to the hearsay rules. Let’s take a closer look at what happened.

The Arguments on Appeal

The father in this was is A.J. A.J. argues that the trial court admitted inadmissible hearsay to prove his 2004–2007 earnings for the purpose of calculating child support. The Attorney General argues that Hardy can testify on the basis of hearsay sources because she qualifies as an expert per the Texas Rules of Evidence.

The Court’s Analysis

The trial court found where the parties have adequately complied with their discovery obligations, experts can generally testify regarding their opinions and give the reasons they hold their opinions without prior disclosure of facts or underlying data, unless the court orders otherwise. Trial courts are Read more…

Child support is a critical issue in many Woodlands divorce cases. We previously discussed how the child support guidelines function in a situation where the parent paying child support has net resources below $7,500 per month. If you have more than $7,500 per month in net resources then your Woodlands Divorce Attorney must analyze additional facts to determine how much child support you may pay or receive. Call us at (832) 426-3913 today if you need help with your child support issue.

The Family Code

1. If the obligor’s net resources exceed $7,500, the court shall presumptively apply the percentage guidelines to the portion of the obligor’s net resources that does not exceed that amount. Without further reference to the percentage recommended by these guidelines, the court may order additional amounts of child support as appropriate, depending on the income of the parties and the proven needs of the child.
2. The proper calculation of a child support order that exceeds the presumptive amount established for the portion of the obligor’s net resources provided by Section154.125(a) requires that the entire amount of the presumptive award be subtracted from the proven total needs of the child. After the presumptive award is subtracted, the court shall allocate between the parties the responsibility to meet the additional needs of the child according to the circumstances of the parties. However, in no event may the obligor be required to pay more child support than the greater of the presumptive amount or the amount equal to 100 percent of the proven needs of the child.

How Does it Work?

The court must first determine Read more…

Revenge and inconvenience are not legal reasons for modifying a child custody order from a Woodlands Divorce. Your Woodlands Divorce Attorney must prove the modification is in the best interests of the child as well as the existence of a material and substantial change since the previous order was issued. Exactly what a “material and substantial” change means is what judges interpret on a daily basis, but a recent case reminds us that revenge and inconvenience are not material and substantial. Speak with a Woodlands Divorce Attorney today at (832) 426-3913 if you need assistance with your child custody modification.

Background

On November 6, 2007, Mother filed a petition to modify the child custody arrangement. Mother’s petition to modify followed Father’s earlier petition for enforcement and access after Mother denied him access to their child. The judge ruled for Father on his petition for enforcement and access.

In her later petition, Mother alleged that K.T.W.’s circumstances had materially and substantially changed since the entry of the previous order. She requested that Father’s “terms and conditions for access to and possession of the child be modified… to reflect visitation in regard to the over 100 mile visitation,” and that, since Father resided in Houston, he should “be responsible for pickup and return for visitation of the child.” Mother further pleaded that Father’s “change of address had caused [her] to incur increased costs.” Father answered and denied that there had been any “change of circumstances which would be grounds for any modification of the present Orders regarding access and possession.”

Discussion

At the trial court level Mother won her case and the judge modified custody to restrict Father’s access to his child. The Father appealed the ruling.

On appeal, Read more…

The Child Support Guidelines are a starting point. They reflect what the divorce court presumes to be in the best interests of your children. However, like many presumptions in the law, your Woodlands  Divorce Attorney can help you attempt to rebut the presumption if it is appropriate that you receive more or pay less child support than what the guidelines provide for.

What Will the Court Consider?

Once your Woodlands Divorce Attorney is able to successfully rebut the presumption that the standard guidelines should apply the court should consider Read more…

Deadlines are very important in the legal field. Simply missing a deadline can destroy your case even if you should win on all of the substantive issues. One of the most important deadlines I encounter as a Woodlands Divorce Attorney is the statute of limitations to enforce a division of property contained in a divorce decree.

It happens all too often that after a divorce is finalized by the parties reaching an agreement on paper or a judge issuing an order that one party drags their feet in dividing or turning over property. What can you do? Enforce your rights before you lose them.

The Family Code provides that a lawsuit to enforce the division of tangible personal property in existence at the time of the decree of divorce or annulment must be filed before Read more…

Last time we reviewed the basic criteria for you or your ex-spouse to pursue a spousal maintenance or alimony claim in your Woodlands Divorce. If you or your spouse does meet the threshold criteria to qualify for spousal maintenance in your divorce case some important questions remain. How much alimony will you pay or receive and for how long will the payments last? Your Woodlands Divorce Attorney can help you answer these questions.

How Much Spousal Maintenance?

The standard the court uses in setting spousal maintenance is to provide for the minimum reasonable needs of the spouse eligible for alimony, considering Read more…