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Community Property

14 important questions on Community Property

Suit Affecting the Parent-Child Relationship (SAPCR)

A SAPCR is a unitary action in which all of the issues affecting the parent-child relationship can be adjudicated in a single lawsuit (custody, visitation, child support, paternity, termination of parent-child relationship).

Collecting Delinquent Child Support: (1) Mandatory Income Withholding Order

General RLE: A final (but not temporary) order for periodic child support must provide for withholding from earnings except where good cause is shown or the parties agree otherwise. EXCEPTION: A mandatory withholding automatically kicks in if the obligor becomes delinquent. Maximum withholding = 50% of obligor's disposable earnings.

Collecting Delinquent Child Support: (2) Suspension or Nonrenewal of Licenses

If obligor (1) is 3 months in arrears and (2) has been given an opportunity, but failed to make payment under an agreed repayment schedule.
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Collecting Delinquent Child Support: (3) Child Support Lien for Arreages

Statutory lien arises by operation of law for all amounts of overdue support, even if the arrearages have not been reduced to a judgment. Lien attaches to (1) all real property (other than homestead); (2) all personal property that is not exempt from creditors' claims under the Texas Constitution; (3) property acquired in the future; and (4) claims for negligence or personal injury held by obligor.

Collecting Delinquent Child Support:  (4) Money Judgment for Arrearages

Delinquent child support payments automatically constitute a final judgment for the amount due + owing. After notice + hearing (at which amount due + owing confirmed), the court must enter an order against the obligor for the amount determined, PLUS attorney's fees, court costs, and interest at 6%. This judgment may be enforced by any means available for the enforcement of judgments for debts.

Collecting Delinquent Child Support: (4) Contempt

After notice and a hearing, a court order for child support may be enforced by contempt, punishable by (a)  up to 6 months confinement, (b) a $500 fine, or (c) both. Affirmative defense: inability to pay.

Involuntary Termination of Parent-Child Relationship

An involuntary termination of parental rights is authorized by STT if the following is proven by CC evidence: (1) one the 8 grounds for termination is established and (2) termination is in child's best interests.

Involuntary Termination of Parent-Child Relationship: 8 Grounds

  1. Neglect
  2. Abuse
  3. Parental Misconduct
  4. Use of controlled substance in a manner that endangers child
  5. Failure to support for 1 year
  6. Abandonment
  7. Imprisonment for more than 2 years
  8. Other grounds.

Establishing Father-Child Relationship: 5 Bases

The father-child relationship is established by:
  • (A) Unrebutted presumption of the man's paternity;
  • (B) Acknowledgment of paternity;
  • (C) Adjudication of paternity;
  • (D) Adoption of the child; or
  • (E) the man's consenting to assisted reproduction by his wife resulting in child's birth.

Involuntary Termination of Parent-Child Relationship: (5) Failure to support for more than 1 year

A parent's failure to support child for a 1 year period is grounds for involuntary termination. This ground is generally used by one parent against the other parent after court-ordered child support has been gone unpaid for a lengthy period. Indigence may be a defense.

Paternity Suit - Genetic Testing

  • On motion, the court will order that the child and "other designated individuals" (mother and alleged father) submit to genetic testing.
  • A man is rebuttably identified as the father of the child if the results of genetic testing disclose that the man has at least a 99% probability of paternity, based on a paternity index of at least 100 to 1.
  • Genetic tests results that establish paternity or non paternity can be rebutted only by other genetic test results that reach a contrary conclusion.

Challenge to Presumption of Paternity: 2 Bases

The paternity of a child having a presumed father can be disproved in 1 of 2 ways:
  • (A) genetic test results; or
  • (B) (1) a written denial of paternity by the presumed father in conjunction with (2) a written acknowledgement of paternity by another man.

Child Support: Duty of support

  • General Rule: Each parent has a duty to support the child until the child reaches age 18 and graduates from high school (or fails to comply with school attendance requirements).
  • Exception: Each parent has a duty to support an adult child who was mentally/physically disabled before attaining age 18, as long as the disability causes the adult child to (1) require substantial care and personal supervision  and (2) makes the child incapable of self-support.

Challenging Prenuptial Agreements

Under TX family code, the party attacking a prenuptial agreement has burden to show either

  • (A) she involuntarily signed the agreement (other spouse engaged in underhanded or manipulative, potentially fraudulent conduct); or
  • (B) agreement is unconscionable and she did not receive a reasonable disclosure of the other spouse's property and liabilities.

The question on the page originate from the summary of the following study material:

Community Property

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