Southlake Family Lawyers

Family Law Issues & Possible Next Steps

The following hypothetical examples illustrate how Texas law may apply to common situations.

1. Dividing Business Interests & Other Assets in a Divorce

Scenario: A couple decides to divorce after 15 years of marriage. One spouse co-founded a technology company during the marriage, while the other focused on raising their children and managing the household. Their assets include company shares, deferred compensation, real estate, and investment accounts.

How Texas Law Applies: Under Texas Family Code §§ 3.002 and 3.003, property possessed by either spouse at the time of divorce is generally presumed to be community property. A spouse claiming that an asset is separate property generally must prove that claim by clear and convincing evidence. Under § 7.001, the court divides the community estate in a manner it considers just and right, which does not necessarily mean a 50/50.

The business may need to be reviewed to determine what it is worth and who owns what. Stock options and deferred pay can also raise questions about when they were earned and whether they belong to one spouse, both spouses, or partly to each. The court may also need to consider whether the business's value comes from the company itself or from one spouse's personal reputation and relationships. How these assets are handled depends on the facts and available records.

2. Resolving Disagreements About Schooling & Parenting Schedules

Scenario: Parents going through a divorce disagree about their children's education and extracurricular activities. One wants to keep the children in private school and continue specialized athletic training, while the other prefers public school.

How Texas Law Applies: Texas Family Code Chapter 153 explains how courts assign parental rights and responsibilities. Section 153.132 lists rights that may be given exclusively to a sole managing conservator, including certain decisions about a child's education. When parents share joint managing conservatorship, the court order explains which decisions each parent can make.

The parents' options depend on their court order and the rights it gives each parent. They may be able to agree on schooling and related expenses. If they cannot reach an agreement, the court may need to resolve the dispute based on the child's best interest and the circumstances of the case.

3. Addressing Repeated Violations of a Custody Order

Scenario: A parent repeatedly misses court-ordered parenting time because the other parent fails to make the children available for weekend visits, withholds holiday possession, or disregards the ordered exchange location.

How Texas Law Applies: Informal agreements do not automatically change an existing court order. Under Texas Family Code Chapter 157, a parent may ask the court to enforce a temporary or final order when the other parent fails to comply with its terms. If contempt is requested, the provisions at issue must be clear enough to support enforcement through contempt.

Depending on the circumstances, the court may order compliance, award attorney's fees when authorized, or consider other available remedies. Contempt is possible in some cases, but it is not automatic. Reviewing the order and keeping records of missed exchanges may help a parent understand what enforcement options may be available.

4. Seeking a Child Support Modification After an Income Increase

Scenario: One parent earns a high income and starts receiving large performance bonuses, pushing their monthly net resources above the Texas child support guideline cap. The other parent believes the current child support amount is no longer enough to cover the child's needs and asks the court to increase it.

How Texas Law Applies: Texas Family Code § 154.125 sets the income limit used to calculate standard child support payments. Under § 154.126, a court may consider ordering additional support when a parent's net resources exceed that limit, based on the child's proven needs and the parents' financial circumstances.

A parent's income increase does not automatically mean child support will go up. Under § 156.401, a court can generally change an existing order if there has been a significant change in circumstances. A change may also be possible if at least three years have passed since the order was established or last modified and the current monthly support amount differs from the amount that would be ordered under the guidelines by at least 20% or $100. Financial records and information about the child's needs can help the court decide whether a change is appropriate.

Note: These scenarios are hypothetical examples for general information. Actual outcomes depend on the facts, evidence, and applicable law.