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SECTION REPORT FAMILY LAW Volume 2012-3 (Summer)

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SECTION REPORT FAMILY LAW Volume 2012-3 (Summer) SECTION REPORT FAMILY LAW http://www.sbotfam.org Volume 2012-3 (Summer) SECTION INFORMATION In thIs month’s report CHAIR Diana S. Friedman, Dallas MESSAGE FROM THE CHAIR ............................................................................... 2 (214) 953-0600 EDITOR‟S NOTE ................................................................................................... 2 CHAIR ELECT INFORMATION ALERT RE: INCOME WITHHOLDING ORDERS ........................... 3 Sherri Evans, Houston TABLE OF CASES ................................................................................................. 4 (713) 600-5500 IN THE LAW REVIEWS AND LEGAL PUBLICATIONS ........................................... 5 VICE CHAIR ASK THE EDITOR ................................................................................................. 6 Jimmy Vaught, Austin (512) 342-9980 JUST FOR FUN ...................................................................................................... 7 TREASURER IN BRIEF: Family Law From Around the Nation, Jimmy L. Verner, Jr. ........ 7 Heather King, Southlake (817) 481-2710 COLUMNS SECRETARY PSYCHOLOGICAL ISSUES: Confront Mental Health Testimony with Kathyrn Murphy, Dallas Two Perspectives (214) 473-9696 John A. Zervopoulos, Ph.D., J.D., ABBP .............................................. 9 IMMEDIATE PAST CHAIR FINANCIAL PLANNING ISSUES: How Much Risk can You Handle Tom Ausley, Austin Christy Adamcik Gammill, CDFA ..................................................... 10 __________ EVIDENCE BYTES: What Price is Right? COUNCIL Jeff Coen .............................................................................................. 11 PARALEGAL ISSUES: Conflict of Interest and Ethical Considerations Terms Expire 2013 Joe Indelicato Houston Regarding Non-Lawyer Employees Victor Negron, Jr. San Antonio Kay Reburn ......................................................................................... 13 Georganna L. Simpson Dallas ARTICLES Cindy Tisdale Granbury A Texas-Sized Mess: Same-Sex Couples and Homestead Rights Fred Walker El Paso in the Lone Star State Maggie Cheu ....................................................................................... 15 Terms Expire 2014 Richard Fry Austin Professional Sports and Violence Against Women: Using League Au- Latrelle Bright Joy Lubbock thority to Confront Unique Issues in the MLB, NBA, and NFL Kristal Thomson San Antonio Kyle Sanders Houston Milten Patel ......................................................................................... 26 Robert Sullivan Dallas CASE DIGESTS Terms Expire 2015 ANNULMENT ................................................................................................ 50 Cindi Barela Graham Amarillo DIVORCE Scott Downing Dallas Theodore “Tip” Hargrove San Angelo Standing and Procedure .................................................................... 51 Chris Nickelson Fort Worth Alternative Dispute Resolution ......................................................... 54 Yvonne Gonzalez- Alice Division of Property ........................................................................... 56 Toureilles Spousal Maintenance/Alimony ......................................................... 58 Terms Expire 2016 Enforcement of Property Division .................................................... 60 Steve Naylor Fort Worth Post-Appeal ........................................................................................ 63 Richard Sutherland Wichita Falls Fred Adams Dallas SAPCR Bruce Bain Tyler Standing and Procedure .................................................................... 64 Angela Pence Houston Temporary Orders ............................................................................ 68 Alternative Dispute Resolution ......................................................... 70 Terms Expire 2017 Conservatorship ................................................................................. 72 Jonathan Bates Dallas Enforcement ....................................................................................... 73 Kelly Ausley Flores Austin Charles Hardy San Antonio Child Support ..................................................................................... 74 Craig Haston Houston Child Support Enforcement.............................................................. 77 Lisa Moore Victoria Modification ....................................................................................... 78 Termination of Parental Rights ........................................................ 81 MISCELLANEOUS ....................................................................................... 87 NEWSLETTER EDITOR Georganna L. Simpson COUNCIL ADMINISTRATIVE ASSISTANT Georganna L. Simpson, P.C. Christi A. Lankford. [email protected] 1349 Empire Central Drive, Ste. 600 Section Wear and Publications Dallas 75247 © 2012 by the State Bar of Texas. The copyright of a signed article is retained by the author unless oth- 214.905.3739 • 214.905.3799 (fax) erwise noted. For reprinting authorization, contact the Chairman of the Family Law Section of the State [email protected] Bar of Texas. All rights reserved. 2 MESSAGE FROM THE CHAIR Summer is here, and I hope that everyone is going to take a nice break away from their law practice for a vacation. The Advanced Family Law Course will be in Houston on August 6-9, 2012, at the Hilton Americas. Jim Loveless and I are the Course Directors, and we have planned a fabulous course and hope that you will join us for the most intensive CLE of the year. The Family Law Section has been busy working with the Supreme Court Advisory Committee Solutions 2012 in trying to find a resolution to the controversial forms issue. We will continue to provide you with up- dates as they become available. I would like to thank the Pro Bono Committee for all their hard work in pro- viding Family Law CLE to lawyers for free if they take two pro bono family cases in the upcoming year. Family Law lawyers are some of the most giving attorneys of their time and expertise and that is what makes our Section so special. The Legislative Committee of the Family Law Section has prepared the legislative package for 2013, and we have 12 proposed bills. Steve Bresnen, the lobbyist for the Texas Family Law Foundation, will be finding bill sponsors for each of our proposed bills. If you would like to get involved in the Family Law Foundation, please go to the website at www.texasfamilylawfoundation.com. Thank you to the Legislative Committee and all of those who donated their time to the Texas Family Law Foundation to make our legislative efforts suc- cessful. In addition to the Advanced Family Law Course, our upcoming CLE seminars include: New Frontiers in Marital Property Law – October 3-4, 2012, New Orleans, Course Directors: Warren Cole and Rick Robertson Family Law in Technology: No Tech to Hi Tech in Two Days – December 13-14, 2012, Austin at the AT&T Center, Course Director: Sherri Evans Texas Academy of Family Law Specialists Trial Institute – February 15-16, 2013, at the Broadmoor in Colorado Springs, Course Directors: Cynthia Barela Graham and Jeff Anderson Marriage Dissolution – April 18-19, 2013, Galveston In closing, I want to than Tom Ausley, Immediate Past Chair for all of his hard work on behalf of the Family Law Section. This has been a very busy and challenging year, and I promise to work hard to continue representing our Section. I hope you have a great summer and look forward to seeing you at the Advanced Family Law Course in Houston. ----------Diana Friedman, Chair EDItoR’s notE I want to personally than Tom Ausley for doing an amazing job this past year as the chair of our section. He has spent countless hours on behalf of all of the family law lawyers in Texas and each of you should thank him personally when you have an opportunity. I look forward to working with Diana Friedman, who has also given an amazing amount of time representing our section this last year, and I anticipate that she will continue the wonderful job that she has been doing. I am also welcoming aboard my newest law clerk, Jaime Winchenbach, a third-year law student at Texas Wesleyan. She will be doing the bulk of the summaries of the cases this year. --------- Georganna L. Simpson, Editor 3 Information Alert - Effective June 1, 2012 all How is income withholding ordered? Income Withholding Orders requiring an When entering a child support order, judicial and admin- employer to withhold payments, including istrative officials must enter an IWO. Some states use the those issued by court and private attorneys, following language in the child support order: ―reference must direct payments to the State Disburse- is hereby made to a separate income withholding order, the entry of which is required of this (Court) (Agency) by ment Unit law and specifically incorporated herein as part of this What is an IWO? (Court‘s) (Agency‘s) order in this case.‖ Commonly known as an income withholding order, the Is use of the OMB-approved IWO Required? Income Withholding for Support (IWO) is the Office of The IWO form has been required since August 22, 1996 Management and Budget-approved standard form that for orders issued or modified on or after January 1, 1994. must be used by all entities to direct employers to with- After May 31, 2012, IWOs not on the OMB-approved hold income for child support payments. form will be returned to the sender by employers. What is the SDU? All IWOs that order an employer to withhold
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