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How Are Assets Divided in a Divorce?

How are assets divided in a divorce? Two people who went into a marriage thinking in terms of forever only to confront a divorce must face this question while dealing with the emotional trauma. In Texas the quick answer is: In a ‘just and right division.’ When the courts of appeal are asked to clarify that, they tell us it means ‘fair and equitable.’ Read More “How Are Assets Divided in a Divorce?”

What Are The Caps On Child Support?

Child Support Calculations and Caps in Texas

Aside from wrapping up technicalities in a divorce, the government is most concerned about how the splitting couple will provide for the children, so an important question to ask is: what are the caps on child support and how is it calculated? High earners who are not aware that a cap exists in Texas could end up paying more than the amount required by law, though that is certainly allowed. The parties may agree to whatever support above the cap they feel comfortable with, but the cap is a helpful reference point for that discussion. It is determined by statute through the Attorney General’s office. Only in rare cases may a Judge set child support above the cap. Read More “What Are The Caps On Child Support?”

Father’s Rights in Texas – What to Expect Regarding Child Related Issues

The Texas Legislature has made it clear that “the court shall consider the qualifications of the parties without regard to…the sex of the party” when determining matters related to conservatorship and possession of the child. Tex. Fam. Code §153.003. In Texas, fathers should be equally considered when determining which parent shall determine the primary residence of the child/ren. Read More “Father’s Rights in Texas – What to Expect Regarding Child Related Issues”

Best Interest Test – The Holley Factors

Every Texas statute and every court decision regarding children is focused on one key consideration: What is the best interest of the child? This term is used persistently, but often without a lot of clarity. Parents new to family law litigation assume attorneys and judges automatically intuit the meaning of “best interest” without any formal definition. Read More “Best Interest Test – The Holley Factors”

Conservatorship Part II – What About the Grandparents?

Many loving and involved grandparents want to know what rights they may have when it comes to their grandchildren. Oftentimes, grandparents are the ones helping to raise grandchildren while their son or daughter is in a time of transition or involved in activities that may put the grandchildren at risk. In other cases, a grandparent may simply want to know if they have any legal rights of visitation with their grandchildren. Read More “Conservatorship Part II – What About the Grandparents?”