Judge Lyda Ness Garcia 383rd District Court

06/03/2026

Counselors and Staff,
The 383rd Judicial District Court invites you to attend a Case Center training session presented by Thomson Reuters staff on Friday, June 5, 2026, at 12:00 p.m.

This training will provide an overview of the Case Center platform, including document management, hearing preparation, presentation tools, and best practices for attorneys and support staff. Thomson Reuters representatives will also be available to answer questions regarding Case Center functionality and usage.
Training Information
Date: Friday, June 5, 2026
Time: 12:00 p.m. (Noon)
Location: Zoom - https://txcourts.zoom.us/j/97146165849?pwd=ZmpZcnNpaEVoZ3pmN2doWWphdUE0dz09

For those who would like to review materials in advance or access additional training resources, Thomson Reuters provides several self-help videos and tutorials online through the Case Center Learning Center (https://training.thomsonreuters.com/legal-case-center).

We encourage all attorneys, paralegals, legal assistants, and staff who will utilize Case Center to attend.

We look forward to seeing you on June 5.

Zoom is the leader in modern enterprise cloud communications.

05/21/2026

Effective June 1 2026 we will be utilizing case center for all document submissions.

Case Center streamlines how you prepare and present digital cases with a secure cloud-based digital evidence management system for courts and law firms.

05/16/2026

My staff with the best bday presents. 💕Baklava homemade cake, Coffee gift card and a giant box of chocolate 🎂 ☕️🍫

05/12/2026

In Texas family law cases, a jury can decide only certain issues. Many people assume a jury decides everything, but in family court that is not how it works—especially in custody cases. The judge still decides a large part of the case.

*So while a jury decided custody the Judge decides possession and access.

In a SAPCR / custody case, the jury may decide:

>Whether one parent should be appointed sole managing conservator
>Whether the parents should be appointed joint managing conservators
>Which parent has the exclusive right to designate the child’s primary residence
>Whether there should be a geographic restriction on the child’s residence (for example, limited to El Paso County)
>If there is a geographic restriction, what that geographic area will be.

EVEN in a jury trial, the judge decides:

>Child support (amount, retroactive support, medical support)
>The possession schedule (the exact visitation terms: weekends, holidays, exchanges, pickup times, etc.)
>Specific rights and duties (medical decision-making, educational decisions, counseling, passports, etc.)
>Admissibility of evidence
>All legal rulings and final wording of the order

So, for example, a jury might decide Mother gets the right to designate the child’s primary residence, but the judge will still decide whether Dad gets standard possession, expanded possession, supervised visits, or equal possession.

05/08/2026

“I love adoption because through it the miracle of our family was born.”
Jalene Matthews

05/08/2026

You might see posts for non-lawyers, notaries or other folks offering to help with legal documents.

DO NOT TAKE LEGAL ADVISE FROM ANYONE OTHER THAN A LAWYER!

Do not HIRE these folks. Not only are they committing a crime but more often the documents are not correct and then you have to hire a lawyer to clean it up!

Penal Code Section 38.123: Unauthorized Practice of Law is a Class A misdemeanor unless they have been convicted before in which case it is a Felony in the third degree.

05/02/2026

“Not of my flesh, nor of my bone, but still miraculously my own.”
— Fleur Conkling Heyliger

04/24/2026

“Being deeply loved by someone gives you strength, while loving someone deeply gives you courage.”
Lao Tzu

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04/15/2026

Property Reimbursement – Texas Divorce

I have a friend who just got divorced and wanted to understand how reimbursement in her case worked. Since I still see lots of folks still using the OLD Reimbursement standards I am hoping this might explain a lot!

Section 3.402(b) specifies that the right of reimbursement is an equitable claim rather than a strict legal right and is NOT automatic. This means courts have discretion in deciding whether and how reimbursement is granted, considering fairness rather than the old rigid formulas. The statute also clarifies that certain benefits or contributions do not automatically create a reimbursement claim.

This provision often arises during divorce proceedings when one spouse’s separate property or the community property has been used to benefit another marital estate—such as paying a mortgage, improving property, or reducing debts. Under § 3.402(b), the court evaluates whether reimbursement is equitable under the circumstances, rather than mechanically compensating based on expenditures.

Texas courts interpret § 3.402(b) as part of the broader equitable framework of marital property division. It limits reimbursement to cases where fairness demands it, ensuring that claims do not unjustly enrich one spouse or undermine the equitable division of community property.

What Is a Reimbursement Claim?
A reimbursement claim arises when:
One marital estate (community or separate) confers a benefit on another marital estate, and
It would be unjust not to repay it.
Texas recognizes three estates:
• Husband’s separate property
• Wife’s separate property
• Community property
Also as a tangent - remember you can’t “reimburse” within the same marital estate (community to community). That can only be considered in the “just and right” division.

How Is Reimbursement Calculated?
The calculation depends on the type of benefit conferred.
________________________________________
Mortgage Principal Reduction on Separate Property
Only principal reduction counts — NOT interest, taxes, or insurance.
Formula: Total principal paid by contributing estate = Reimbursement claim
________________________________________
Payment of Separate Debt
If community funds pay a spouse’s debt:
Reimbursement = amount paid toward principal.
________________________________________
Burden of Proof
The spouse asserting reimbursement must prove:
1. Existence of the contributing estate
2. Benefit to another estate
3. Amount of contribution
4. That equity requires reimbursement
Clear tracing is critical.
________________________________________
YOU NEED TO FORGET about old school reimbursement we were once taught since Court’s will look to equitable implementation and Offsets. The most obvious scenarios exist in almost every Divorce scenario. If benefitting spouse lived in their spouses separate property home during marriage there is a value of living there and other benefits received from the property (i.e. free or reduced housing,) which will offset any reimbursement claim.

The court decides what is “just and right.”

LETS WALK THROUGH AN EXAMPLE –
• Husband owns the home as separate property
• Wife lives there during marriage (10 years)
• $10,000 in principal is paid down during the marriage (presumably with community funds)

Step 1: Is there a reimbursement claim?
Yes.
Under Texas Family Code § 3.402, the community estate has a reimbursement claim for:
• Reduction of principal on a debt secured by a spouse’s separate property
So the starting claim = $10,000

Step 2: What is not included
Just to be clear, the claim does not include:
• Interest
• Property taxes
• Insurance
• Maintenance
Only the principal reduction counts here.

Step 3: Offsets (this is where it gets real)
Now the court looks at equity under Texas Family Code § 3.402(b).
The big issue:
Wife lived in the home for 10 years
The court can consider:
• Fair rental value of the home
• Whether Wife (and the community) received a benefit from living there
Typical analysis
If:
• Fair rental value = $1,000/month
• 10 years = 120 months
• Total benefit = $120,000 in housing value
That far exceeds the $10,000 reimbursement claim.

Step 4: Likely outcome
In most courts (including El Paso courts):
• The $10,000 claim is valid
• But it is often completely offset by the value of Wife’s occupancy
Result: Net reimbursement = $0

Bottom line
• Community earns a $10,000 reimbursement claim
• But 10 years of living in the home usually wipes it out
• Final answer is often: no money awarded, even though the claim technically exists

*Disclaimer:
This post is for informational purposes only and is not intended to serve as legal advice. It does not create an attorney-client relationship. Laws vary by jurisdiction, and the application of law depends on the specific facts of each case. You should consult with a licensed attorney knowledgeable in family law in your area to obtain advice tailored to your situation.