Entries by admin

Texas Court Includes Father’s Personal Injury Annuity in Resources When Calculating Child Support

Originally published by Kelly McClure. By Kelly McClure The Texas Family Code provides guidelines to assist courts in calculating child support that are based on a percentage of the parent’s net monthly resources.  The statute sets forth what types of income are included and excluded from the parent’s net monthly resources.  In many families, it […]

Divorce Based on Abandonment in Texas

Originally published by Family and Criminal Law Blog. Why might I choose to file for divorce based on a fault ground? Forty years ago, the first no-fault divorce was granted in California. Prior to this time, couples seeking a divorce were required to list a valid ground for divorce, which often included adultery, abandonment, and […]

Interesting Case for Custody Evaluator Lawsuit / Immunity Rebuttal

Davis v Medical Evaluation Specialists   (I’m only going to copy over the relevant parts – see the bold / underlined parts of what I have copied)Appellant pleaded that local plaintiffs attorneys had detected a bias against claimants by doctors affiliated with MES. For example, appellant’s pleadings alleged that when MES physicians were involved, the reports allegedly all read the same, […]

Arguments for Custody Evaluator Immunity in Lawsuit

Sherry cites Jones vs Sherry case in support for her immunity  cases.justia.com/texas/third-court-of-appeals/2019-03-18-00279-cv.pdf?ts=1561724417  Quotes from that appeal:“When a person is entitled to derived judicial immunity, he or she receives the same absolute immunity from liability for acts performed within the scope of his or her jurisdiction as that of a judge. Dallas County v. Halsey, 87 S.W.3d 552, 554 […]

Custody Evaluator Immunity Exceptions

see attached:  Appellate court determined that an amicus attorney was immune but only as long as there were no exceptions to immunity (bad faith, malice, willfully wrongful, fraudulent).  This person lost however only because they didn’t produce any evidence that would prove the exception.           On appeal, Black argues that Tanner had no right […]