Obergefell and Divorce in Texas

So many things are changing following the Obergefell opinion handed down by the United States Supreme Court.  That opinion finally confirmed that same-sex couples have a fundamental right to marry.  Prior to this decision, Texas did not recognize such marriages.  In the wake of Obergefell, an additional right that many Texas same-sex couples are seeking to take advantage of is divorce.  Prior to the decision, as Texas residents it was difficult or impossible for same-sex couples to divorce.  Now that Obergefell has recognized marriage as a fundamental right, it follows hand-in-hand that divorce is also a fundamental right.  Not only is this important to do legally (to handle ongoing community property issues, co-owned property such as houses and cars, and other issues), but it provides same-sex couples with the sense of closure to their relationship previously afforded only to same-sex couples.  

New Guideline Child Support Increase

 The Texas Family Code provides that maximum net resources shall be increased every 6 years to account for inflation.  This is such a year, and so the cap has been increased as required by statute.  It is important to know this if you are involved in divorce or considering modifying child support.  Net resources, for purposes of calculating maximum guideline child support, used to be capped at $7,500.  Effective 9/1/2013, that cap has increased to $8,550.  What does that mean?  For child support orders rendered on and after 9/1/2013 (including divorce, modification, etc.), maximum guideline support has increased.  So, for example, maximum guideline support for one child was $1,500 per month and it is now $1,710.  For two children, it was $1,875 and is now $2,137.50.  These are only examples, and are not child support calculations applicable to every case.  They are intended only to demonstrate the possible changes to child support calculations with the statutory increase in the maximum guideline net resources calculations.  To determine how this change may be applicable to you, contact me or other family attorney counsel of your choosing. 

Statutory Damages for Filing a Fraudulent Contractor's Lien

As a contractor, you should be wary of the damages for filing a fraudulent lien found in Chapter 12.002 of the Texas Civil Practices and Remedies Code.  This provision provides that if a lien is found to have been filed fraudulently (as that term is defined in the statute and by Texas law), damages awarded can include the GREATER of $10,000 or actual damages to the property owner.  This means that even if the lien doesn't create any actual damages for the property owner (such as loss of credit, costs and issues with any mortgage holder, etc.), the property owner may still recover a minimum of $10,000.  Lien filing history and knowledge of the requirements and deadlines in the Texas Property Code play into whether a contractor knew or should have known the lien was invalid when it was filed.  Also, releasing the lien after being sued for filing an invalid or fraudulent lien may not resolve the issue with the property owner or absolve the contractor of liability under this statute.  If you are going to consider filing a lien, speak with a lawyer knowledgeable in construction litigation and collection first.  If you are sued by a property owner for filing a fraudulent or invalid lien, immediately seek out counsel knowledgeable in these matters. 

Child Support and Losing Your Job

What should you do if you lose your job and can no longer afford your child support?  Child support orders are based upon the amount of income you have at the time the order is entered.  They do not take into account any future circumstances, good or bad.  If you lose your job, or suffer a significant decrease in pay (such as changing jobs, losing your job, suffer a demotion or pay cut, or other such circumstances), you need to file a motion with the court to modify your child support obligation to take your changed circumstances into account and reduce the obligation.  The reason is that whether you can afford the obligation or not, it is a court order enforceable by the Texas Attorney General's Office.  The AG keeps records of all child support paid.  If a delinquency occurs, the AG's office can file a motion to enforce, regardless of your ability to pay or the wishes of the child's other parent.  Complaints about loss of income/employment at that point will be met with a statement that you should have filed a modification.  It is vastly easier and less expensive to modify in advance of an enforcement action, than it is to defend the enforcement action and modify at that point.  If you have lost your job or suffered a material change in income, seek out the advice of an attorney as to whether you may modify your child support obligation. 

Aggressive versus Effective - Which Trial Attorney is Right for You

If you are looking for a family attorney, or any trial attorney, that is aggressive in the courtroom, there are a myriad of attorneys out there that will say that they are.  This does not mean they are effective in the courtroom.  If your circumstances need an aggressive trial attorney, what should you look for?  There are a myriad of attorneys that say they are "aggressive."  But what does that mean?  It is not difficult to be aggressive just for the sake of being aggressive.  And "aggressive" can be an effective strategy.  An "aggressive" strategy is just that, a strategy.  You should look at the trial process as a marathon, not a sprint.  And, the ultimate goal of any strategy is to win the Court's judgment because each and every case always has the chance of winding up at trial.  In order to win the Court's judgment, you have to win credibility from the Court.  To do so, an "aggressive" strategy must be utilized with planning and precision.  For example, race car drivers do not simply keep the vehicle at maximum speed the entire race.  Running backs do not simply run at full speed the entire game.  There must be strategy.  There are times when it is best to delay, times it is best to slow down, times to look for holes, times to decide when it's good to pass, etc..  An "aggressive" strategy is no different.  Simply being disagreeable, filing motions for the sake of wearing the other side down, and incurring costs for the sake of incurring costs amounts ultimately to what I call "chainsaw surgery."  It's ugly, if it goes on for too long it is not only ineffective but harmful, and it can quickly irreparably injure or kill anyone employing it.  Why?  Because repeatedly being in front of a family court judge and losing motion after motion loses the court's credibility.  Judges have very good memories and as cases develop and get to trial, they remember if a party has been before them and whether that party has been reasonable, has "cried wolf", or has been on a mission to win the war by attrition.  Everything in the case plays into the credibility the court assigns to each party at the end of the case.  "Aggressive" can be an effective strategy, and it can be a very good strategy, but it like any other strategy must be applied with precision.  The party that wins the court's credibility is far more likely to win the court's judgment.  To do so, an attorney must be effective, not just aggressive.