News & Articles

 
Goldsberry & Associates wants to keep you informed of all the latest news and important articles.

What is a reconstituted estate and why do I need one?

What is a reconstituted estate and why do I need one? Briefly, what happens in a divorce is that the court will split the assets owned by you and your spouse (the community estate) in a just and right manner. Tex. Fam. Code § 7.001 (2015). Sometimes, however, a spouse has wasted community assets by spending it on a paramour, for example, or a...

What happens to a 529 account during a divorce?

A “qualified tuition plan,” sometimes called a 529 account, is a savings plan to help a family save money for future college expenses. See generally An Introduction to 529 Plans, U.S. Security and Exchange Commission, Jan. 4, 2014, available at http://www.sec.gov/investor/pubs/intro529.htm. These accounts are frequently used by parents...

Understanding the Enforceability of Mediated Settlement Agreements - In re Lee

A mediated settlement agreement is a binding agreement made by the parties pursuant to § 6.602 or, if the suit concerns children, § 153.0071 of the Texas Family Code. The Code states that mediated settlement agreements are binding on the parties if they state in bold, underlined, or capital letters that the agreement is irrevocable, are ...

My ex has threatened me with contempt of court. What does this mean?

If you are not fulfilling certain terms of a divorce decree or an order in a suit affecting the parent-child relationship, the other party may take you back to court to enforce the order. Depending on the underlying order, a party who disobeys a court order could find himself jailed or placed on community supervision for contempt of court. But not...

Separation from a Caregiver and a Child’s Emotional Development

In a family law suit, the law provides that a child’s parents will be named the child’s managing conservators unless such an appointment will “significantly impair the child’s physical health or emotional development.” Tex. Fam. Code § 153.131(a). Separating a child from “the only person who has consistently...

Think you're going to avoid child support by quitting your job? Think again.

Determinations of a child support obligation are determined in part by the child support guidelines of § 154.125(b) of the Texas Family Code. Simply put, the guidelines recommend child support payments be 20% of the obligor parent’s monthly net resources for one child, 25% for two children, and in increasing increments of 5% for up to 5 ...

If you want to make that family law settlement irrevocable, follow the Family Code!

Public policy “encourages the peaceful resolution of disputes” by allowing parties to come to agreements through settlements. Tex. Civ. Prac. & Rem. Code § 154.002 (2011). In family law cases such as divorce or child custody disputes, this policy is furthered by sections of the Texas Family Code, e.g., § 6.602—allowi...

Is a parent’s subsequent marriage a material and substantial change?

Section 156.101(a)(1) of the Texas Family Code states that before an order in a Suit Affecting the Parent-Child Relationship may be modified, there must be shown that “the circumstances of the child, a conservator, or other party affected by the order have materially and substantially changed” from the time the order sought to be modifi...

Buying property: Put it in writing!

So everyone is familiar with the phrase “my word is my bond.” It is a phrase that is meant to indicate that you can take someone’s words at face value, and that he means what he says. In terms of the law, such a phrase can be best epitomized in the idea of oral contracts. Oral contracts are essentially the same as written contract...

Self-Representation: The Perils and Possibilities

In Galveston County, a person charged with a Class A or B Misdemeanor has a lot of options when it comes to legal representation. For those that show up at their first court appearance without an attorney, the judge of the county court will advise you that you have three options. First, you can waive your right to an attorney and speak to the prose...

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