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TX Essays (M. Walker) > Family Law > Flashcards

Family Law Flashcards

1
Q

Preamble

A

TX family code governs these issues. TX favors marriage over co-habitation of unmarried couples and recognizes both ceremonial and common law marriages.

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2
Q

Standing & Venue Req for Divorces

A
  1. county residence of either S
  2. domiciled in TX last 6 mos
  3. that county past 90 days
  4. or spouse can qualify only
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3
Q

How Does a CL Marriage Arise

A
  1. agreed to be married;
  2. lives together as H & W (co-habitation)
  3. held themselves out like married
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4
Q

Req for Valid Ceremonial Marriage

A
  1. reasonable appearance of authority;

2. at least one party acting in good faith

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5
Q

Declaration of Informal Marriage

A
  1. bother persons 18 or older;
  2. neither already married;
  3. not related in prohibited degree of consanguinity
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6
Q

What Makes a Marriage Void

A
  1. consanguinity
  2. bigamy
  3. second M?
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7
Q

What Makes a Marriage Voidable

A
  1. underage
  2. alcohol or narcotics
  3. impotency
  4. duress
  5. fraud
  6. force
  7. mental incapacity
  8. concealed divorce w/in 30 days of M
  9. M less than 72 hrs
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8
Q

Grounds for Fault Based Divorce

A
  1. adultery
  2. cruel treatment
  3. abandonment over 1 yr
  4. living apart for 3 + yrs
  5. confinement to mental hospital for 3 + yrs
  6. conviction of felony w/ 1 + yrs jail time
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9
Q

Ground for No Fault Divorce

A
  1. insupportability

2. no reasonable expectation of reconciliation (only defense)

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10
Q

When can Ct Order Joint Managing Conservatorship

A
  1. in child’s best interest
  2. child’s physical/emotional/psycho needs
  3. Parents show ability to reach shared decisions
  4. Parents both took part in child rearing
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11
Q

Factors Court Considers in Appointing Managing Conservator (statutory)

A
  1. best interest of child
  2. no gender discrim
  3. no marital status discrim
  4. past domestic violence
  5. false report of child abuse
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12
Q

Amount of Child Support (%)

A
  1. one kids = 25% NR
  2. two kids = 30% NR
  3. six kids = 40% NR max
  4. capped at $8,550/mo
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13
Q

Remedies to Enforce Child Custody Earlier

A
  1. mandatory withholding
  2. money judgment + 6% interest
  3. contempt
  4. license suspens
  5. child support lien for arrears
  6. levy & execution of financial assets
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14
Q

Temporary Injunction Use During Divorce

A
  1. bar unreasonable & reasonable acts
  2. one spouse exclusive residence
  3. payment of temp child support
  4. attys fees
  5. sworn inventory
  6. production of books of fam biz
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15
Q

Modification of Custody Order

A
  1. after 1 yr of prior
  2. filed in SAPCR ct
  3. in BIOC
  4. circs material & substantially changed
  5. C at least 2 yrs old who wants to live w/ other parent
  6. custodial parent voluntarily relinquished primary care/poss for min of 6 mos
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16
Q

What Does a Habeas Corpus Action Entail when Used to Enforce a Custody Order

A
  1. habeas corpus
  2. tort liability
  3. contempt
17
Q

When can Spousal Maintenance be Ordered

A
  1. married min 10 yrs
  2. one S lacks stuff property to provide min needs
  3. unable to support herself b/c of it
  4. disability
  5. custodian of disabled child
  6. lack of employment skills
18
Q

Max Spousal Maintenance Allowed

A
  1. max 2,500/mo or 20% S average mo income

2. max 36 mos unless S disabled

19
Q

Factors Ct Considers in Appointing Managing Conservator

A
  1. child desires;
  2. child phsycical & emotional needs
  3. parental ability;
  4. stability of home enviro;
  5. parents plans and opportunities
  6. acts & omissions
20
Q

Modification of Child Support Order

A
  1. min 3 yrs
  2. SAPCR ct
  3. BIOC
  4. circs materially & substantially changed
21
Q

Grandparent Access/Possession

A
  1. show one parent is dead
  2. they are parent of dead aren’t
  3. other parent has endangered child
  4. abandoned them
  5. is incapacitated
  6. behaving in manner not in BIOC
  7. show denying access would result in substantial harm to C
22
Q

Factors NOT Applied in Statutory Guidelines

A
  1. C age
  2. C needs
  3. parents ability to support
  4. financial resources
23
Q

Grounds Sufficient for Involuntary Termination of PC Relationship

A
  1. abandonment
  2. abuse
  3. neglect
  4. imprisonment for 2 + yrs
  5. culpable acts to child or another child
  6. failure to support for 1 + yrs
  7. controlled substance
  8. BIOC test
24
Q

When Child Can be Adopted

A
  1. both parents dead

2. parent/child/ relationship of both terminated

25
Q

Mandatory Reports Completed Before an Adoption FInalization

A
  1. pre adoption screening;
  2. post placement adoption report;
  3. report showing adopting parents criminal history;
  4. SHEG;
  5. history of abuse
26
Q

Presumption of Paternity

A
  1. C born during M
  2. C ben w/in 300 days M ends
  3. married C’s mom after birth & voluntarily asserted parental vital stats
  4. on birth certificate
  5. promise in record
    first 2 yrs resided w/ C & represented to others his C
27
Q

Infant Adoption Procedure

A
  1. file pet to terminate the PC relationship;
  2. aff of status of C signed by mother after 1st trimester;
  3. aff of relinquish of parental rights signed by mother;
  4. aff of waiver signed by father
28
Q

Community Property Preamble

A

TX is a CP state. CP is properties acquired other than SP. There is a presumption that prop acquired during M is CP.

29
Q

What is Community Property

A
  1. TX is CP state;
  2. properties other than SP;
  3. presumption during M is CP
30
Q

Homestead Establishment

A
  1. intent to have prop be homestead;

2. overt acts of usage

31
Q

How is Property Divided at Divorce

A
  1. just & right division;
  2. age of spouses;
  3. physical condition;
  4. ability & earning capacity;
  5. needs for future support;
  6. size of estate;
  7. benefit non-faulting spouse would have if M cont;
  8. fault
32
Q

Community Presumption

A
  1. all assets during M presumed to be CP;
  2. all assets on credit during M on comm cred;
  3. all assets on hand CP
33
Q

Types of Property that are SP

A
  1. owned before M;
  2. acquired during M by gift;
  3. petitioned CP;
  4. acquired w/ separate funds;
  5. tort recovery for PI
34
Q

Pre-Marital Agreement Requirements

A
  1. in writing;
  2. signed by both spouses;
  3. no consideration needed;
  4. agree SP remains SP;
  5. disposition of prop on separation, divorce, death
35
Q

Setting Aside Pre-Marital Agreement

A
  1. prove not signed voluntarily
  2. unconscionable when made
  3. no fair disclosure of other S’s property or obligations

TX Essays (M. Walker) (12 decks)

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