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Family Law

Can I be jailed for nonpayment of child support?

A major problem for parties who either fall behind on child support payments; or, in the alternative do not pay their court ordered child support, is for the Court or the oblige to file an enforcement action against the obligor for nonpayment of court ordered child support.  And, yes, a person can be jailed […]

Divorce with a Protective Order

In the field of family law, many situations warrant one of the parties to be protected against domestic violence for the other party. In many cases, when Barbosa Family Law files a divorce proceeding against a spouse of one of our clients, the need to explain to the client that an application for a […]

Can I just annul my marriage?

At the Barbosa Law Firm, P. C., we get hundreds of inquiries about an alternative to a divorce proceeding. Usually, the calls focus on the proceeding that will save people money. Divorce proceedings are a costly alternative to just staying together as a married couple. However, eventually, a party will have to decide on […]

Custody of a Child by a Grandparent

In many of our cases involving family law, divorce, and custody of children, the grandparents are the people that step up and desire to do what is best for a child.  However, in a lot of cases that come into our office at Barbosa Family Law,  the grandparents are not aware or do not […]

Issues Common in a Divorce – Part 2

First read: Issues Common in a Divorce – Part 1

At the Barbosa Law Firm, P. C.,  a common questions our clients or just people calling us for information deals with child support.   Why should I pay child support?   Why should I pay so much child support?  Questions almost always revolve around people not wanting […]

Can I terminate my rights to my child?

Most termination cases in Texas are of the “involuntary” genre.   Essentially,  a parent’s rights to a child are terminated under section 161 of the Texas Family Code.  Some of the more salient grounds for involuntary termination of parental rights are:
A child who is born to a mother who during the pregnancy used a controlled […]

Alimony in a Texas Divorce?

What is spousal maintenance or Alimony?

“Maintenance” or as is commonly known in the United States as “alimony” means an award in a suit for dissolution of a marriage of periodic payments from the future income of one spouse for the support of the other spouse. Maintenance is usually ordered by the Courts with a […]

Prenuptial Agreement

What is a prenuptial agreement?
A prenuptial agreement or sometimes referred to as a premarital agreement is an enforceable written contract between 2 people who are contemplating marriage and for it to be legally effective when the parties are married. It is governed by the Texas Family Code section 4.001 and 4.004. The Texas law […]

Do I need a reason to file for Divorce?

Under the Texas Family Code, most divorces are granted on the grounds of “Insupportability”. So, on filing a petition by either party to a marriage, the Court may grant a divorce without regard to “fault” by either party to the marriage if the marital relationship between the persons has become insupportable because of discord […]

The Right To Possess Firearms Pending A Divorce Proceeding

Why is the 2nd Amendment to the United States Constitution important in Family Law cases?
As a licensed attorney in Texas, questions are usually asked during conferences with clients regarding their rights to “arm” themselves and to what extent they have a 2nd Amendment right to arm themselves.   It is not a simple question to […]