“New” Reimbursement Law Applies to Pending Cases

The 2023 revisions of the reimbursement claim section of the Texas Family Code apply to a claim for reimbursement pending on September 1, 2023, not just cases filed after that date.  The 2023 law that amended the reimbursement statute says that it took effect on September 1, 2023 and “[t]he change in law made by […]

Client can Authenticate Bank Records

Records from someone else’s business, such as a bank, can be admitted under the business records exception to the rule against hearsay based on just the customer’s testimony in some circumstances. A June 20025 opinion from the Dallas Court of Appeals upheld the trial court’s admission of copies of three cashier’s checks which the wife […]

More Examples of Constructive Fraud and an Inventory Can Be Evidence of Fraud

A July 2025 opinion from the Houston Fourteenth Court of Appeals provides more examples of financial activities that can be considered constructive fraud in a divorce. Liu v. Lin, No. 14-23-00810-CV (Tex. App. – Houston [14th Dist.] 7/15/2025)(mem. op.) upheld the trial court’s findings that the following payments made by the husband without his wife’s […]

Characterization of Life Insurance Policies

Some life insurance policies have  cash value that can be considered in a divorce.  Types of life insurance policies with cash value include whole life, universal life, variable life, and indexed life insurance.  Click here for an article that explains these types of insurance.  A term life insurance policy may have an owner, but it […]

Grandparents seeking custody – questions to ask first

Grandparents can seek custody of their grandchildren in serious situations where the the behavior of the child’s parent will “significantly impair the child’s physical health or emotional well-being.”   In Texas, grandparents almost never can win cases to just get a little visitation with a grandchild.  However, if the child’s parent is dangerously mentally ill, is […]

TEXAS MAXIMUM CHILD SUPPORT – AS OF 8/12/2024

In Texas, the maximum amount of guideline child support is based on a percentage of the maximum amount of monthly net resources, which is currently $9,200 (this amount can increase because of inflation).  The percentage that is applied to the net resources is based on the number of children. Roughly, $12,184 per month of gross […]

Who Moves Out of the House During Divorce?

When you find yourself stuck deciding who gets the house during a divorce, you’ll need legal assistance. While the payments made on the house and the upkeep of the house are all decided at the beginning of the divorce process, deciding who gets the home is much more difficult and often feels personal. If the […]

How to Prepare for Your First Divorce Mediation Session

The decision to get divorced is often not an easy one. But what happens when you don’t want a full-blown series of court cases surrounding this experience? Rather than seeking divorce advice from your friends and a DIY solution, you can turn to mediation. Mediation is a form of a divorce settlement that can work […]

When Is It Too Late To Enforce Temporary Orders?

Reprinted from the October 23, 2014 Mongoose newsletter. Typically, a temporary order expires with the entry of a final judgment. Coleman v. Texas State Dep’t of Welfare, 562 S.W.2d 554, 556 (Tex. Civ. App.–Tyler 1978, writ ref’d n.r.e.).  However, the general rule is that the rendition of a divorce decree does not itself nullify any […]