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…