August 2009

In a recent decision by the Dallas Court of Appeals, the rights of a biological father were vindicated. In the case of In the Matter of B.B.M, a child’s biological father appealed the trial court’s determination appointing the child’s non-parents as joint managing conservators. In the Matter of B.B.M., — S.W.3d –, No. 05-08-00501-CV, 2009 WL 1801035 (Tex. App. – Dallas, June 24, 2009).
Continue Reading Dallas Lawyer Upholds Rights of Natural Parent

In a July 31, 2009 opinion by the Dallas Court of Appeals, it was confirmed that Federal law trumps Texas law when it comes to income tax issues. In In re S.L.M., the mother brought child custody proceedings against father. The district court appointed mother and father as joint managing conservators and awarded mother the right to claim the children as exemptions on her federal income tax return. On appeal, father contended the district court erred in awarding mother the right to claim the two chidlren as tax exemptions. In re S.L.M., ___ S.W.3d ___, No. 05-08-01277-CV, 2009 WL 2343264 (Tex. App. – Dallas July 31, 2009, no pet. h.).
Continue Reading Federal law trumps Texas court on tax issues.

In my previous post about spousal maintenance I discussed eligibility requirements. In this post, I’ll address the various methods of collecting and enforcing spousal maintenance awards.

If the court grants an award for spousal maintenance, the judgment dissolving the marriage must reflect this. The spousal support order should state who will receive the payments and who will make the payments. Tex. Fam. Code Sect. 8.001(3)(4). The order must state how the spousal maintenance payments are to be made (i.e., by cash, check, and how frequently) and where they are to be sent. Tex. Fam. Code Sect. 8.052. Finally, the spousal maintenance order must state the duration of the maintenance. Tex. Fam. Code Sect. 8.052.
Continue Reading Alimony in Texas?!? [Part 2 of 2]