The Rivera Law Firm

04/21/2023

*** Family Law Only ***

To help parents with the financial strain of speaking to an attorney, we are now offering on Thursdays from 11:00AM – 1:00PM free consultations in 30 minute increments.

At no point during the free consultation will you be persuaded or required to acquire any services. The time used is on a pro bono basis.

To schedule a consultation, please visit theriveralawfirm.com and follow the prompts on the homescreen by selecting an available date and time.

01/29/2021

Practical Tip: I don’t work, so I don’t have to pay child support, right?

Under Texas Family Code § 154.068, when there is no evidence to prove a person’s net resources (income), the court will take the presumption that the person’s income equals the federal minimum wage for a 40 hour week in which to apply the child support guidelines.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

12/18/2020

Practical Tip: My girlfriend told me that the court will give her as much money as she wants for our baby. How much will child support be?

To calculate child support, the court will determine the amount of the parent’s net resources available for child support and apply child support guidelines to determine the requisite amount to be paid by the parent. In addition, the court will consider other factors in order to deviate from the child support guidelines, if necessary.

Under Texas Family Code § 154.129, a chart is provided in order to determine the child support amount for children before the court.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

12/04/2020

Practical Tip: My spouse cheated on me. So, I should get everything, right?

Under Texas Family Code § 7.001, when a marriage is dissolved, the court must divide the spouses’ community property in a just and right division (emphasis added).

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

11/20/2020

Practical Tip: Before we got married, my spouse had a ton of debt. After we got married and paid off the debt, my spouse left me. What can I do?

Under Texas Family Code § 3.402, a spouse may have a claim for reimbursement. A claim for reimbursement is when one marital estate (community or separate property) is used to benefit another marital estate and the estate that contributed to the other estate wants to be reimbursed for the contributions.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

11/13/2020

Practical Tip: What can I do if I want to see my grandkids but the mom will not let me see them and they are not blood related to me?

In Texas and in certain circumstances, a grandparent may file an Original Petition for Grandparent Possession or Access. However, under Texas Family Code §§ 153.432 and 153.434, only a biological or adoptive grandparent can file an Original Petition for Grandparent Possession or Access.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

11/06/2020

Practical Tip: We did not have a wedding or get a marriage license, so can we still be considered married?

Under Texas Family Code § 2.401, yes, you may be considered married if each statutory element is met. § 2.401 states that to be considered an informal or “common-law” marriage, the parties must (1) agree to be married; (2) live together in Texas as husband and wife; and (3) represent to others in Texas that they are husband and wife.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

10/30/2020

Practical Tip: I have an attorney, but why won’t other attorneys talk to me about my case?

The Texas Disciplinary Rules of Professional Conduct Rule 4.02, Communication with One Represented by Counsel, explains that an attorney is not allowed to communicate with a person when the attorney knows the person is represented by a different attorney and the discussion will be about representation. The exceptions to this rule is when the person’s attorney gives consent to discuss representation or the discussion is authorized by law.

(*DISCLAIMER: The above information is not legal advice nor does it create an attorney-client relationship. The above question and answer is merely informational. If legal advice is needed, please consult an attorney.)

07/22/2020

Please understand the limitations of a Will. There are other documents that you may want to consider in addition to a Will that will protect your interests such as Power of Attorney.

If you are a teacher or classified as an essential worker and would like to have your estate planning documents drafted for you, please send an email to [email protected] with the heading "Will - Facebook Post." Our office will send you a list of the documents that will be drafted for you and a reduced quote detailing options for payments.

Texas students are just weeks away from returning to class – whether that be physical or virtual. And many teachers are terrified they’ll be exposed to COVID-19.

07/14/2020

KAUFMAN, Texas — The Kaufman County District Clerk’s Office will close for two weeks due to an employee testing positive for COVID-19, according to Kaufman County.

05/26/2020

Wills and estate planning documents are some of the last things anyone wants to think about or discuss. However, the burden that will be taken away from your loved ones is something that cannot be measured.

As the coronavirus pandemic continues to escalate, doctors around the U.S. are joining lawyers and financial advisors in urging Americans to create the essential documents necessary to help medical providers better coordinate care.