dissol by agreement

Question 1

ADR- Arbitration or Mediation

Answer 1

• parties can agree in writing in a premarital agreement or
• court holds a hearing as to whether the agreement is a binding agreement
• parties may be required to go to mediation prior to trial or even prior to temp orders hearing

Question 2

Collaborative Family Law Act

Answer 2

• allows parties to voluntarily, by K, elect out of formal proceedings
• parties agree to work together in producing documents, providing info in good faith

Question 3

Informal Settlement Conferences

Answer 3

• results in a binding settlement agreement
• binding settlement agreement is not subject to revocation and a party is entitled to revoke it on the agreement as it pertains to prop division
• revocable as to children bc court determines that

Question 4

Mediated Settlement Agreement

Answer 4

• agreement that is ________ , requires the judge to enter a judgement consistent with the agreement without challenge by either party
• courts do not have discretion to overturn a mediated settlement agreement that meets that statutory requirements

Question 5

SAPCR (Suit Affecting the Parent-Child Relationship)

Answer 5

• seeks to establish many issue related to children, whether part of a divorce action or not
• often establishes:
  1) the parent with primary possession
  2) the child’s primary residence
  3) periods of possession
  4) health insurance issues
  5) child support
  6) educational issues and
  7) the right to make medical decisions

Question 6

Standing to file a SAPCR (heavily tested)

Answer 6

• parent
• child through a rep
• sibling of a child separated by a state dept
• managing or possessor convervator
• guradian appointed by a probate court
• governmental entities
• man alleging to be the father of the child OR
• prospective adoptive parents

Question 7

Grand parent standing (heavily tested)

Answer 7

• TX statute allowing GP access and poss is broad
• GP and other 3P are limited in the ability to intervene in court with regard to parental rights (bc parental right is a fund right)

Question 8

GP must show in TX

Answer 8

1) substantial past contact with the child
2) that it would significantly impair the physical health or emotional development of the child if the grandparent was not given access

Question 9

Venue

Answer 9

-when joined in a divorce action- same as that action
-without a divorce action- in county where child resides
(child resides with the parent or guardian who has the right to establish the child’s primary residence)

Question 10

continuing exclusive JX

Answer 10

• -court that obtains JX over the case retains continuing exclusive JX
• court with exclusive JX can change if the child moves to a new county and establishes a residence for_____ months
• after a motion to transfer, the new court has exclusive JX for subsequent suits regarding custody, possession, or enforcement related to the parent-child relationship

Question 11

Long Arm JX

Answer 11

• TX can have PJX over a non-resident if one is met:
  1) personal service in TX
  2) submitting to JX by consent
  3) child resides in TX as a result of parent’s actions
  4) person resided with child in TX
  5) person resided in TX and provided prenatal expenses or support
  6) person engaged in sex in TX and child may have been conceived as a result
  7) person registered with the paternity registry in TX or signed an acknow of pat OR
  8) there is any basis consistent with TX and US cons

Question 12

parenting plan

Answer 12

• court can appoint a parenting coordinator or a parenting facilitator in high conflict cases to peacably transition into a parenting plan
• parenting coordinator= confidential relationship- cant be compelled to testify
• parenting facilitator- can be compelled testify

Question 13

child support

Answer 13

-parent has a duty to support until kid is 18 or graduates high school- which ever happens later

Question 14

amount of support

Answer 14

-start with the first $8550 per month of net resources available to an obligor
-rebuttable presumption that these stat guidelines are reasonable
1=20%
2=25%
3=30%
4=35%
5+ =40% of obligor’s net (before taxes) resources
greater than 8550-court can deviate based on proven needs of kids

Question 15

support for disabled kids

Answer 15

• can be indefinite based on kid’s needs and parents’ ability to pay
• child requires substantial care and personal supervision beyond age 18 due to phy or ment disability
• need is known before age 18

Question 16

continued obligation

Answer 16

• child support DOES NOT end when obligor dies

- child support is NOT dischargeable in bankruptcy

Question 17

health insurance

Answer 17

• obligor is required to provide health insurance if the obligor can obtain it at a reasonable cost
• costs not covered by ins will be split between parents based on court order or party agreement

Question 18

standard possession order

Answer 18

In the case of a child three or older, if the parents live within 100 miles of each other, a court gives possession to the noncustodial parent:

i) 6 p.m. Friday to 6 p.m. Sunday the first, third, and fifth weekends each month;
ii) 6 p.m. to 8 p.m. every Thursday during the school year;
iii) 30 days in the summer; and
iv) During even-numbered years, from 6 p.m. the day school dismisses for spring break, until 6 p.m. the day before school resumes. § 153.312.