There are a lot of questions surrounding the impact COVID-19 is having on divorces including the post-divorce interpretation of divorce decree terms on child custody and child support. This is a brief answer to some of the more common questions. I’ve written previously about the Texas Supreme Court’s emergency orders clarifying the interpretation of possession […]
TX Supreme Court Issues Additional COVID-19 Guidance for Child Custody
As the COVID-19 virus continues to spread, several county and city governments across the State of Texas have issued “shelter in place” orders prohibiting various activities. This has led to some confusion regarding the impact of those orders on child possession schedules. On Tuesday, March 24, 2020, the Texas Supreme Court issued an additional order […]
Texas Supreme Court Emergency Order Clarifying Possession Schedules
On March 17, 2020, the Supreme Court of Texas issued an emergency order clarifying how possession schedules should be interpreted as a result of the many school cancellations occurring across the state. Many possession schedules provide a parent with possession during the entirety of Spring Break alternating each year. Several school districts have “extended Spring […]
Smith County Announces Changes to Court Procedures During COVID-19 Outbreak
On March 17, 2020, Smith County announced the following changes to court procedures in response to the COVID-19 outbreak: JURY DUTY Smith County has suspended jury duty until April 13, to follow guidelines announced by the Texas Judicial Branch – Office of Court Administration. Jurors who have received a summons to appear in court from […]
321st District Court of Smith County, Texas Announces New Procedures During COVID-19 Outbreak
The 321st District Court announced the following changes to court procedures on March 17, 2020: In response to the Supreme Court’s order regarding court administration during the coronavirus pandemic as well as Governor Abbot’s disaster declaration, the 321st District Court is providing the following protocols as to ongoing operations. The office of the 321st District […]
2019 Increase to Texas Child Support Cap On Net Resources
The Texas Attorney General’s Office announced the new Texas child support cap earlier this year. Effective September 1, 2019, Texas law raises the cap on net resources to which the statutory child support guidelines apply from $8,550 to $9,200. Texas law requires that the Texas Attorney General’s Office update this cap every six years to […]
Can I Modify My Child Custody Order After Divorce?
Yes – you can seek to modify the child custody (possession) portion of your final decree of divorce after your divorce. This article provides information on common situations in which a parent may seek to modify their child’s possession schedule as well as the legal requirements to successfully get a modification. A court may modify […]
Why Is My Spouse Entitled To Any Of My Retirement In A Texas Divorce?
You worked hard at your job. You saved money from the day you started. Lucky for your – your company had a 401(k) or pension plan match program so that 4% you stashed away for retirement was really 8%. You were responsibly planning for retirement and felt like you were well on your way to […]
Do I Have To Go To Court For My Divorce?
*** NOTE: Due to the ongoing COVID-19 pandemic, many court changed their procedures. Most hearings in Texas courts now occur online via Zoom. *** Whether or not a court requires you to appear in person at any point during your divorce depends on two things. First, if you file the petition for divorce, then you […]
What Are Grounds For A Fault Divorce In Texas?
Texas is a no-fault divorce state which means that a court may grant a divorce without fault by either spouse. Indeed, courts grant most divorces in Texas on no-fault grounds. However, in appropriate cases, a spouse seeks divorce based on the other spouse’s fault in causing the breakup of the marriage. Fault Divorce Grounds There […]