The topic of Custody is often filled with issues and confusion. Most parties believe custody has to be filed after the Divorce has been officially documented. That is not always the case. You can obtain a court order for custody when you are separated but not divorcing, when you are divorcing, or when a paternity or legitimization suit has been filed.

In Texas, “custody” or conservatorship is a term that is used to define the rights each parent will exercise for the benefit of the children and specify who will make certain decisions on their behalf. This is completely different from possession of the child, which is, an agreement or a decision as to what times the children will spend with each parent.

Except in extreme circumstances, which must be discussed with an attorney, each party will have certain legal rights as a parent. The legal rights each parent has does not determine how much time that the parent will have with the child. Some legal rights belong to both parents at all times (such as the right to consult with the child’s school or doctors); some legal rights belong to both parents and apply when the child is with them (such as the right to discipline the child or provide emergency medical care); and some legal rights will be given to only one parent (such as the right to say where the child will live or to consent to surgery that is not an emergency.)

In some cases the court may determine where the child will live (i.e., Harris County) or what school the child will attend.

During a Divorce proceeding, it’s always a good idea to fully understand the term “Alimony” and the different types that exist.

Alimony is a periodic payment of money from one spouse for the support of the other spouse. In the State of Texas, there are three distinct types of Alimony:

• Temporary Spousal Support
• Contractual Alimony
• Maintenance

While the divorce is pending, the Court may make an order of Temporary Spousal Support requiring one spouse to make payments for the support of the other, based on what the Court finds to be necessary and equitable. This type of “alimony” is not subject to the same requirements as that set out for Court ordered maintenance after divorce.

Contractual Alimony is paid by one spouse to another after divorce based on an agreement between the parties that forms a contract. Unlike temporary spousal support, the person receiving the alimony must usually pay income tax on the money. Contractual alimony is often used as part of the settlement of a divorce case.

Maintenance is alimony that may be ordered by the Court for the support of a spouse after divorce and, like contractual alimony, the person receiving the alimony must pay income tax on the money. There are substantial legal distinctions in Texas between “maintenance” and contractual alimony.

Visit our website for more information on the three types of Alimony or feel free to contact us with any questions or concerns.

After filing for Divorce, spouses tend to have issues concerning property obtained before and during the marriage.

As it stands, there are two different forms of owning property while married. The first form is called Community Property, which is, all property acquired by the parties during the marriage. The second form is called Separate Property, which is, property owned by a spouse prior to marriage or acquired by a spouse during marriage by gift or by inheritance. It can also include monies recovered for personal injuries.

Judges, at the time of Divorce, can only divide the community properties and liabilities in a “just and right” manner, while taking into consideration the rights of each party and any children of the marriage. In some circumstances, the judge may award more of the community property and/or the liabilities to one of the spouses. As for the Separate Property, once it has been proven to be separate can it be awarded to the party claiming the property.

There are a variety of methods to prove the separate nature of an item of property. Generally, however, a party must provide evidence of when and how he or she received the property. If it has changed form by being sold and the money held or reinvested, then the party must also provide evidence tracing the change from one form into another.

The following blog post is in response to the following article in the Houston Chronicle seen here.

Not just individuals are having cash flow problems these days.  It seems that ATP Oil & Gas Corp. filed Chapter 11 bankruptcy citing the five month moratorium on offshore drilling operations after the 2010 BP oil spill.

ATP has secured $618 million in debtor-in-possession financing which, along with revenue, will  fund the operating expenses during the reorganization.

The following blog post is in response to the following article in the Houston Chronicle seen here.

Patricia Hart’s commentary in the Aug. 10th Houston Chronicle brings to public attention a topic that the “courthouse” lawyers have discussed for years. The specter of law suit abuse by unscrupulous lawyers no longer exists (if it ever did).

The war has been won by proponents of tort reform through legislation and by the election of defense-oriented appellate courts. Yet the threat, although largely nonexistent, of law suit abuse is continually used for more restrictive legislation and the election of activist judges who don’t trust a jury of citizens to reach a reasonable verdict in a civil case.

UT Law Professor David Anderson and Texas Watch have both published studies showing that the Texas Supreme Court is defense-oriented today. Remember when it was plaintiff-oriented in the 1980s? Cases should be decided on the application of the established law to the facts established by the jurors. As it stands , defendants have a good chance of reversing an unfavorable verdict on appeal. Catastrophic injuries do occasionally occur. Read Ms. Hart’s commentary and form your own opinion.

View the article Texas takes tort reform too far, on August 10 in the Houston Chronicle.