Under the Texas Family Code a family court must order a possession schedule for parents when a suit for divorce with kids is granted or when the court issues an order in other child custody cases. The court order often will address other issues involving the children, such as conservator rights of the parents, child […]
What is visitation in a Texas Divorce? Read More »
Companies in Texas sell warranties to customers because they are a great source of income. They are a cash cow because the number of claims against the warranties are often low. Claims may even be covered by manufacturer warranties. Sometimes companies double dip against warranties by selling you one and then not covering claims. This
Business won’t honor warranty in Texas? Read More »
After six months of contemplation, the Supreme Court of Texas issued its opinion in Campbell v. Wilder in which it helped out our local District Clerk understand that zero equals zero. The Supreme Court of Texas instructed the Tarrant County District Clerk in Fort Worth, Texas to stop its policy of abusing poor people in
Supreme Court of Texas Smacks Down Tarrant County District Clerk on Indigent Fees Read More »
QDROs–qualified domestic relations orders–are special court orders that divide certain types of employer-sponsored retirement plans as either part of the property division in a divorce, to pay child support, or to pay spousal support. Retirement plans that require a QDRO do so because a state or federal law requires this type of order to lawfully
What retirement plans can be divided by a QDRO in a Texas divorce? Read More »
The Texas Supreme Court has accepted a case out of the Dallas Court of Appeals that will give the state’s highest court the opportunity to expand or narrow its preemption doctrine on employment discrimination claims brought under Texas law. In 2009 the Texas Supreme Court rendered its opinion in Waffle House v. Williams that held
Texas Supreme Court to hear TCHRA preemption case Read More »
Family legal issues, including divorce and child custody, are emotional issues that sometimes drive people to cause harm to others. Domestic violence may occur before, during, or even after a divorce or child custody case. The Texas Family Code provides restraining orders and other protections against domestic violence in divorces. These protections can be temporary or
What are restraining orders and protective orders in a Texas divorce? Read More »
People often used the term lawyer and attorney interchangeably in the United States to denote people who work as legal professionals. Most do so without giving much thought as to why our profession has two labels for the same legal job. These terms have slightly different meanings. (And not just because lawyer jokes tend to
Difference between attorney and lawyer Read More »
Most of my work with FMLA clients in Texas involves helping them after they have sought FMLA leave and the employer has already violated their FMLA rights. As much as they need urgent help from an employment lawyer, it’s equally as important that employees understand how to properly exercise their rights under FMLA to ensure
7 Tips for Taking FMLA Leave Read More »
Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support obligor hides money, dodges process servers, or does not have the income
Enforcing child support with child support liens and QDROs in Texas Read More »
In Texas child support is usually a huge issue in a divorce with children or child custody case. The Texas Family Code sets out guidelines for how to calculate child support in these cases. As a result of the wide range of income across the state, family law attorneys also see a wide range of
Child support above the guidelines in Texas Read More »
In a Texas divorce either party may ask the court for temporary orders to protect the people and property involved. Generally most contested divorces seek temporary orders. It is far less common in uncontested divorces and divorces in which the parties lack representation by Bedford, Texas or Fort Worth divorce attorneys. Temporary orders are a
Do I need temporary orders in my divorce in Fort Worth, Texas? Read More »
In loco parentis sounds like it means “crazy parent”. It is a Latin phrase that means “standing in the place of a parent”. It’s a legal doctrine in FMLA leave regulations. For FMLA leave the in loco parentis doctrine allows employees to take leave to care for an individual who has a parent-child relationship with the employee but
In Loco Parentis FMLA Leave — What is it? Read More »
401k excessive fee litigation has been an active area of ERISA litigation for over a decade with 401k participants arguing the plan administrator–along with various other plan fiduciaries–breached the duty to prudently manage the investment options of the plan. Most of these cases argue the plan administrator failed to select investments with reasonable fees, particularly
Vanguard funds targeted in new 401k excessive fee litigation Read More »
On January 1, 2016 the new open carry law goes into effect across Texas. You may have seen coverage of the open carry protests around Fort Worth, Dallas and other cities. Much of that coverage was over people openly carrying assault rifles. The new open carry law does not change the status of long guns,
Texas Open Carry Law and Your Employment in Texas Read More »
Negligent hiring is a claim against a business for an injury caused by the company’s failure to properly investigate its employees for fitness to perform the employee’s job duties and that failure resulted in the employee causing the plaintiff harm in the course of the employee performing his or her job duties. There is a
What is negligent hiring under Texas law? Read More »