Chapter 8 of the Family Code governs the award of spousal maintenance in a divorce decree. Tex. Fam Code §§ 8.001-8.359; see also Dalton v. Dalton, 551 S.W.3d 126, 131 (Tex. 2018). The Family Code defines “maintenance” as “an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse.” Tex. Fam Code Ann. § 8.001(1). Typically, to be eligible for (not entitled to) spousal maintenance, the spouse

The following addresses common questions I receive from trial attorneys and potential clients, plus one pet peeve. Timeline of an appeal (roughly 2 years) In the trial court, upon filing a timely notice of appeal, there will also need to be filed a request for clerk’s record and a request for reporter’s record. In the appellate court, the trial-court-file-stamped copy of the notice of appeal needs to be filed to allow the filing fee to be paid and a docketing statement mu

Reimbursement claims “exist when one or both spouses use property of one marital estate to confer on the property of another marital estate a benefit which, if not repaid, would result in unjust enrichment to the benefited estate.” Tex. Fam. Code § 3.402(a). A spouse seeking reimbursement to a marital estate must prove: (1) that the spouse or both spouses used property of the marital estate to confer a benefit on the property of another marital estate; (2) the value o

Generally, a court may modify a conservatorship and possession orders affecting the parent-child relationship only if the “modification [is] in the best interest of the child[ren] and ... the circumstances of the child[ren], a conservator, or other party affected by the order have materially and substantially changed since ... the date of the rendition of the order.” Tex. Fam. Code § 156.101(a)(1)(A). However, “[t]he best interest of the child[ren] shall always be the primary

Premarital, partition-and-exchange, and conversion agreements (collectively, “marital agreements”) can generally cover any matter, so long as they do not (1) vio-late public policy or a statute imposing criminal penalties; (2) adversely affect a child’s right to support; or (3) defraud a creditor. See Tex. Fam. Code §§ 4.003(a)(8), (b), 4.106, 4.206. The agreements can include provisions for child support, but if the agreement is not in the best interest of the child, the pro

Net Resources The purpose of a child-support suit is to obtain an order requiring one or both parents to pay for a child’s financial, medical, and dental support. See Tex. Fam. Code §§ 154.001(a); 154.003, 154.008. To determine the amount of income available for child support, the court must calculate the respondent's net resources. Net resources are calculated by (1) determining the annual sum of all resources defined as “net resources,” (2) subtracting from that amount ce

In a petition for writ of mandamus, the party seeking relief is referred to as the “Relator.” Tex. R. App. P. 52.2. The trial judge is generally the “Respondent.” Tex. R. App. P. 52.2. When seeking mandamus relief, remember that the relator is asking the appellate court to correct an error made by the trial court, not to punish the opposing party, who is referred to as “Real Party in Interest.” Tex. R. App. P. 52.2. When complaining to the appellate court, the focus should be

Best interest and Troxel When considering conservatorship issues, the court’s primary consideration must always be the best interest of the child. See Tex. Fam. Code § 153.002. Additionally, when making its best-interest determination, the court must also give “special weight” to the fundamental liberty interest of parents to make decisions concerning the care, custody and control of their children. See Troxel v. Granville, 530 U.S. 57, 66, 70 (2000) (plurality op.). This s

In the last year, there were quite a few appeals of cases to enforce property divisions. While there were not any fundamental shifts in the law, the courts further refined the existing law, and issued opinions that should serve as reminders for the family-law practitioner. Courts interpret divorce decree language as they do other judgments. Hagen v. Hagen, 282 S.W.3d 899, 901 (Tex. 2009). “As with other final, unappealed judgments which are regular on their face, divorce de

A motion for temporary orders pending an appeal can be made by a party or on the court’s own motion. Tex. Fam Code §§ 6.709(a), 109.001(a). A party seeking temporary orders pending appeal must file the motion no later than the date the party is required to file a notice of appeal under the Texas Rules of Appellate procedure, but the motion can also be filed before trial. Tex. Fam. Code §§ 6.709(h), 109.001(b-1). Either party can challenge temporary orders pending appeal throu

As part of any divorce, the court must divide the community estate in a manner it deems to be just and right, having due regard for the rights of the parties and any children of the marriage. Tex. Fam. Code § 7.001. To complete this task, the trial court needs to be presented with values of the parties’ assets and liabilities. See Cervenka v. Cervenka , 672 S.W.3d 814, 818 (Tex. App.—Corpus Christi–Edinburg 2023, no pet.); Fuentes v. Zaragoza , 555 S.W.3d 141, 164–65 (Tex. Ap

Among the 2025 legislative changes, the biggest deal, in my opinion, are the changes to the requirements for nonparent standing. Section...

While some cases are short and sweet, others are massive 10,000-piece puzzles. Some can be tried with the presentation of a couple of inventories and brief testimony from the parties, while other cases may have 6 dueling experts. Yet, the trial court may not want to provide sufficient time for the parties to present all their evidence. This can be frustrating for everyone involved, but the best that lawyers can do is be prepared for all potential outcomes and make sure the re

In 2023, the legislature amended Texas Government Code Section 80.002 to include a provision requiring courts to provide notice of orders through the efiling system. Tex. Gov’t Code § 80.002(b). Additionally, Texas Rule of Civil Procedure 21 was amended to state: “the clerk must send orders, notices, and other documents to the parties electronically through an electronic filing service provider” unless certain exceptions apply, such as the case being sealed or when an unr

A divorce decree dividing the community estate is just a piece of paper. Some parties comply. Others do not. When parties are reluctant, court intervention might be required through a Chapter 9 enforcement suit. However, it is important not to get overambitious and attempt to relitigate issues that were already resolved in the divorce decree. The petitioner may be awarded attorney’s fees incurred in the enforcement, Tex Fam. Code § 9.014, but may not alter the property divisi

When reading appellate opinions, it is helpful to understand exactly what the appellate courts mean when saying issues were “waived.” Often when trial attorneys see the word “waiver,” it means that the opinion overall may be of little use in the research of the day because the opinion typically will not address the actual issues raised by the appellant; however, the fact that an otherwise good appellate issue was waived could also help devise a checklist of tasks not to overl

The Texas Family Code statutes addressing reimbursement claims in divorce proceedings were completely rewritten in the last legislative session. The Legislature explicitly stated that its intended purpose was as follows: State law regarding reimbursement and economic contribution with respect to marital property rights can be very confusing to those not well versed in the history of such law, as it is often misinterpreted and misunderstood by litigants, practitioners, and c

Although the Texas Family Code provides great detail as to how property is to be handled during marriage and divorce, not everyone likes the way Texas handles marital property. Sometimes couples get married and settle down in Texas simply because they like the weather, but they may not like the idea of “community property” or some other standard aspect of Texas family law. Thus, in the same way that people may make end-of-life plans with a will rather than leaving the distrib