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O'Connor's Texas Family Law Handbook 2014

O'Connor's Texas Family Law Handbook 2014

By Joan Foote Jenkins, Randall B. Wilhite
Update frequency: Annually
Free update period: 60 days before next edition is released
Format: Softbound portable book
Dimensions: 7.5" x 10"
ISBN: 978-1-59839-179-4
$182.50 Non-subscription price

$135.00 Subscription price

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Whether you’re filing a suit for conservatorship, modifying a possession order, or enforcing a child-support order, O’Connor’s Texas Family Law Handbook will explain each unique family-law process and provide you with expert analysis, the most recent case law, and an explanation of the applicable statutes.
  • Practice like an expert. You may not be board-certified in family law, but you’ll feel like an expert when you’re relying on commentaries that explain the basics (of course) and that also tackle the complex substantive and procedural nuances so common to family-law practice. Our commentaries don’t just repeat the code; we analyze the case law, statutes, procedural rules, and secondary sources to give you the complete picture – whether you’ve been practicing six months or 20 years.
  • Save time. Save money. With over 4,500 cases cited, you’ll jump-start your research with ease and focused confidence.
  • Understand the law. Don’t get caught off guard because you don’t have time to keep up with changes in the law. With hundreds of legislative changes guaranteed by the Texas Legislature each session, our commentaries not only highlight these changes but explain and troubleshoot the new laws as well.
  • Don’t make mistakes. Our authors give you the benefit of their many years of board-certified family-law experience by providing practice tips and caution notes, so you don’t have to learn the hard way.
  • Find answers fast. Don’t waste your time flipping through pages to find what you need. Our commentaries provide helpful tabs, headings, and organizational numbering.
Chapters
  • The Family Relationship—The marriage relationship, the parent-child relationship, family rights, duties, and liabilities, medical treatment of a child, petition for name change, and family violence and child abuse.
  • Marital Property—Characterization, managing marital property,liability of marital property, marital agreements, and homestead rights.
  • Division of Property—Real property, personal property, liabilities, QDROs, and reimbursement and economic contribution.
  • Suits to Dissolve Marriage Without Children—Divorce, annulment, void marriage, and spousal maintenance.
  • Original Suits Affecting the Parent-Child Relationship—Choosing the court and challenging jurisdiction, court appointments, dissolution with children, conservatorship, child support, parentage, termination,and grandparent and sibling access.
  • Temporary Relief—Temporary restraining orders, temporary injunctions, and temporary orders.
  • Protective Orders—Ex parte orders, protective orders, magistrate’s orders, and law enforcement.
  • Modification—Texas and foreign conservatorship orders, possession or access orders during military duty, possession or access orders after military duty ends, and Texas and foreign child-support orders.
  • Enforcement of Child-Support Orders—Contempt, clarification, reduction of child-support arrearages to judgment, wage withholding, child-support liens, levies on financial institutions, and license suspension.
  • Enforcement of Orders of Possession or Access—Contempt, clarification, additional periods of possession or access, habeas corpus, interference with possessory interest in a child (money damages), license suspension.
  • Postdissolution Partition of Community Property—Postdissolution partition under the Family Code, and postdissolution under the Property Code.
Charts
  • Calculating Remaining Principal & Interest
  • Child-Support Guidelines
  • Child-Support Record
  • Community-Out-First Ledger
  • Comparison of Postjudgment Wage-Withholding Methods
  • Counties with Family District Courts
  • Crediting Current & Nondelinquent Support Payments
  • Crediting Interest
  • Crediting Principal
  • Distinguishing Protective Orders
  • Duration Cap for Spousal Maintenance
  • Expert Gem & Jewelry Appraisers
  • Expert Personal-Property Appraisers
  • Federal Minimum Wage by Effective Date
  • Inception of Title to Property
  • Jurisdiction—Multiple Child-Support Orders (modification suit)
  • Jurisdiction—One Child-Support Order (modification suit)
  • Legal Consequences of Family Violence
  • Marital Property Liable Under Family Code
  • Medical-Consent Rights of Conservators
  • Methods of Enforcing Child Support
  • Methods of Enforcing Orders of Possession or Access
  • Multiple-Family Adjusted Guidelines
  • Nationally Recognized Real-Estate Appraisers
  • Overview of Court Appointments
  • Partition Suits—Family Code vs. Property Code
  • Payments Subject to Reimbursement Claim
  • Revised Tax Charts – 2013
  • Rights & Duties of Conservators
  • State-Certified or Licensed Real-Estate Appraisers
  • Statutory Grounds for Termination
  • Texas Property Exemptions
  • Valuation Sources for Art & Antiques
  • Valuation Sources for Collectibles
  • Valuation Sources for Precious Metals
  • Valuation Sources for Vehicles
  • When to File an Annulment
  • Where to Maintain a Suit for Divorce
  • Who Can File an Annulment
Index
2013 legislation. All chapters have been updated with new legislation from the 83rd Texas Legislature (2013). The legislature made almost 300 changes to the Family Code this year—changes that will fundamentally affect how you serve your clients. This edition tells you how to apply the new law in your everyday practice and warns you if the legislation has created any unanticipated complications. Significant amendments range from giving family lawyers a statutory right to be awarded attorney fees in divorce suits to removing a statutory escape hatch frequently used for clients who have fallen behind on their child-support payments. Also included are the many “small” procedural legislative changes that can sneak up on you and needlessly complicate your case; for example, in a dissolution suit under newly amended law, waiver of service must be notarized, despite the Civil Practice & Remedies Code allowing otherwise.

New cases. All chapters have been updated with new case law through September 2013. Over 100 new appellate opinions have been added throughout the book to both update and expand our analysis of the law. We have also added and explained no less than seven Texas Supreme Court decisions that directly impact your family-law practice.

Constructive fraud. The discussion of constructive fraud has been expanded to provide a more in-depth explanation of how it works and many more examples of relevant fact patterns to help you evaluate constructive-fraud claims.

2013 revised tax charts. The revised tax charts published by the Attorney General in August 2013 are also included in the book this year. The revisions, effective September 1, 2013, reflect the adjusted net-resources cap under Family Code §154.125(a-1) and also include changes to the charts’ instructions and footnotes.