Family Law (TX Bar Exam)
What are the Net Resources of the Obligor Spouse for Child Support? The objective of the guidelines is to include all sources of cash-flow revenue, including earned income, passive income, and other income.
Earned Income Salary, wages, self-employment income, commissions, tips, and bonuses
Passive income Dividends, interest, royalty income, and net rental income
Other Income Social Security, unumployment, disability and workers' compensation benefits, pensions, annuities, trust income, VA disability benefits OTHER THAN NON-service connected disability benefits
Net Resources do not include: return of principal or capital, accounts receivable, benefits paid in accordance with TANF or any other federal program, or payments for foster care of a child.
What are the factors a court may consider when making a "just and right division" of community property?
Disparity of incomes and earning capacities, and future support needs
Relative business opportunities, financial condition and obligations,
Relative educations, capacities, and abilities
Relative physical conditions
Disparity of ages
Size of the parties' separate property estates
Nature of the property (whether it is readily divisible)
Benefits that the spouse not at fault would have derived from a continuation of the marriage
Length of the marriage
Whether one party has wasted or depleted community assets
What factors does the court consider when deciding the best interests of the child, in the context of JMC? The court can order a Joint Managing Conservatorship, or the parties can agree to serve as JMCs if the court finds that the appointment is in the child's best interest. The court will consider:
PPE Needs Whether the child's physical psychological or emtoinal needs will benefit
Shared Decisions Whether the parents have shown an ability to reach shared decisions
Participation in Child Rearing Whether both parents participated in child-rearing before the suit was filed,
Geography Whether geographical proximity of the homes of the parties poses a problem
Preference The preference of a child over age 12 as to who should designate the child's preference
FV Presumption Unless there is a history of family violence, there is a rebuttable presumption that appointing the parents as JMCs is in the child's best interest.
Exceptions to Appointing a Parent as Sole Managing Conservator Absent special circumstances, teh court MUST apppoint a parent as sole managing conservator, or if the responsibility is to be shared with the other parent, as joint managing conservator, unless:
(i) Impairment Appointment of a parent would impair the child's health or emtoinal development, or
(ii) Voluntary relinquishment One or both parents voluntarily relinquished possessiona nd control fo the child for one year or more, a portion of which period was within 90 days preceding commencement of teh action to be appointed Managing Conservator, and
(iii) Best Interests Appointment of a non-parent as MC would be in the child's best interest.
(iv) Neither party can be favored on account of gender or marital status.
Factors to be Considered in Setting Spousal Maintenance Amount
[A] Ability Each spouse's ability to provide for his or her minimum reasonable needs independently
(E] Education The education and employment skills of hte spouses, availability of and the time needed to acquire education or training to enable the spouse seeking maintenance to earn sufficient income
[D] Duration Duration of the marriage
[C] Conditions Age, employment history, earning ability, and physical and emotional conditions of the spouse seeking maintenance.
[E] Effect The effect on each spouse's ability to provide for his or her own minimum reasonable needs, while providing periodic child support payments or maintenance, if applicable
[BA] Bad Acts Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition fo community proeprty or other property held jointly or in common
[C] Contribution The contribution by one spouse to the education, training, or increased earning power of the other spouse
[P] Property The property brought to the marriage by either spouse
[M] Marital Misconduct Marital misconduct, including adultery and cruel treatment by either spouse during the marriage, and
[FV] Family Violence Any history or pattern of family violence.
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