Maples | Jones, PLLC Maples | Jones, PLLC 2026-07-17T15:46:13Z https://www.maplesjones.com/feed/atom/ WordPress /wp-content/uploads/sites/1504866/2026/02/cropped-mj-icon-1-32x32.png On Behalf of Maples | Jones, PLLC <![CDATA[Why AI Can’t Give You an Unbiased Answer to Your Family Law Questions]]> https://www.maplesjones.com/?p=51946 2026-07-17T15:17:53Z 2026-07-16T16:27:52Z Why AI Can’t Give You an Unbiased Answer to Your Family Law Questions (And What That Actually Means for You) Written by Meagan Jones If you’ve ever typed a divorce or custody question into ChatGPT or Claude and wondered whether the answer you got was actually neutral — good instinct. It wasn’t. And the reason why matters more than most people realize. Let me explain what’s actually going on, because it’s not the scandal you might think it is.

AI is trained on human-generated content. Humans are not unbiased.

Every large language model learns from an enormous corpus of text — legal briefs, court opinions, forum posts, academic articles, advice columns, Reddit threads. That content reflects the people who wrote it: their assumptions, their cultural contexts, their socioeconomic backgrounds, their outcomes. If the legal system has historically disadvantaged certain parties in divorce or custody proceedings —then those patterns are baked into the training data, and by extension, into the model. This isn’t a flaw that engineers can simply patch. It’s a structural feature of how these systems work.

AI doesn’t know your jurisdiction. Family law is intensely local.

“Unbiased” also implies “accurate,” and accuracy in family law is jurisdiction-specific in ways that AI handles poorly. Texas family law is not California family law. Travis County practice is not Williamson County practice. A custody standard that applies in one state may be completely wrong in another. AI tools are trained on broad datasets and tend to give you the most statistically common answer — which may have nothing to do with the law that governs your case.

AI has no stake in your outcome. That’s not a feature.

Here’s the part that surprises people: an AI’s “neutrality” is actually a limitation, not a virtue. When I advise a client, I am supposed to be on their side. I have an ethical obligation to advocate for them, to identify every angle that benefits their position, to anticipate what the other side will argue, and to tell them hard truths when their position is weak. That is not bias — that is representation. AI cannot do that. It will give you a balanced overview because it has no client relationship, no obligation to you, and no authority to give you legal advice. What feels like objectivity is really just the absence of advocacy.

So, what is AI actually good for in this context?

Quite a bit, honestly — just not the things people most want it for. AI is useful for general orientation: understanding what terms mean, knowing roughly what questions to ask, getting a sense of the procedural landscape before you walk into a lawyer’s office. It can help you organize your thoughts and your timeline. It can explain concepts like community property, conservatorship, or the best-interest-of-the-child standard in plain language. What it cannot do is apply those concepts to your facts, advise you on strategy, tell you when to settle, or predict how a particular judge in a particular county is likely to rule. For that, you need a lawyer who practices where you live and knows the courthouse you’re walking into.

AI only knows what you tell it — and you are not a neutral source.

There’s another layer to this that almost nobody talks about. AI doesn’t have access to your spouse’s text messages, your financial records, your custody history, or the context that a lawyer builds over months of working your case. It only knows the facts you choose to share — which means it is working entirely from your version of events. And when you are in the middle of a divorce or a custody dispute, your version of events is, by definition, not unbiased. You are hurt, or scared, or angry, or all three at once. You remember what you remember. You emphasize what feels important to you. When you ask AI a question framed around your perspective, it will validate the premise of that question far more readily than a good lawyer should. A lawyer’s job includes pushing back on your narrative when the facts don’t support it. AI has no mechanism — and no incentive — to do that. The result is that AI doesn’t give you an unbiased answer; it gives you your own bias reflected back at you, dressed up in authoritative language. What you tell AI is not protected — and that matters more than you think. This may be the most important practical warning in this entire post. When you share facts with your attorney, that conversation is protected by attorney-client privilege. It cannot be subpoenaed, it cannot be used against you in court, and your attorney cannot be compelled to disclose it. When you type those same facts into an AI chatbot, none of those protections exist. Your conversation with an AI is not privileged. Depending on the platform's terms of service, those conversations may be stored, reviewed for training purposes, or potentially subject to discovery in litigation. In a contested divorce or custody case, what you typed into a chatbot at 11 PM when you were venting about your spouse could end up in front of a judge. You are, in effect, creating a written record of your thoughts, fears, and legal strategy with a third-party platform that has no obligation to protect you. 

The bottom line

AI isn’t biased in the conspiratorial sense — it’s not secretly rooting for one side of your divorce. But it’s also not neutral in any meaningful way. It reflects the patterns of its training data, it lacks jurisdictional precision, it has no obligation to you whatsoever, and it can only work with the one-sided picture you hand it. In family law, where the stakes involve your children, your finances, and your future, “pretty good general information based on your own retelling” is a dangerously low bar.  ]]> On Behalf of Maples | Jones, PLLC <![CDATA[Could you be overlooking executive compensation?]]> https://www.maplesjones.com/?p=51949 2026-07-16T14:55:22Z 2026-07-16T14:55:22Z Compensation that may be easy to overlook Executive compensation can include more than a salary and annual bonus. It may also include employer-paid benefits and compensation that will not be paid until a later date. The following forms of compensation may require closer review:
  • Deferred bonuses: Payments for work completed now may not become due until a future date.
  • Nonqualified deferred compensation: Earnings can remain unpaid until retirement or another event set by the employer's plan.
  • Company cars or vehicle allowances: Employer benefits may cover transportation costs that would otherwise come from household funds.
  • Country club or professional memberships: Paid fees and dues can reduce personal expenses during the marriage.
  • Travel or housing benefits: Employer payments may cover costs that the family would otherwise pay.
Courts do not treat every executive benefit the same way during a divorce. When a spouse earns a benefit, who owns it and how the plan pays it can all affect whether it forms part of the marital estate.

How courts may treat executive compensation

Texas generally presumes that property acquired during marriage is community property. Deferred compensation can raise questions because the payment date does not always determine whether the benefit forms part of the marital estate. The type of compensation and the terms of the plan can also affect that determination. Employer-paid perks can raises different issues. A company car or country club membership may belong to the employer rather than your spouse, which can affect whether the benefit itself is part of the marital estate. Even so, those perks may still help explain the financial value they provided during the marriage.

The compensation package can tell a bigger story

Base salary alone may not reflect the full value of an executive's compensation. Deferred payments and employer-paid benefits can contribute to the marital financial picture in different ways, depending on the type of benefit and the terms attached to it. Employment agreements, bonus plans and benefit statements often provide the details that distinguish one benefit from another. Together, they can paint a more complete picture of the compensation connected to the marriage.]]> by Cameron Thomas <![CDATA[WHOSE IS WHOSE – Establishing Separate Property in Your Divorce]]> https://www.maplesjones.com/?p=51921 2026-06-04T18:03:19Z 2026-05-31T18:01:35Z In a divorce, your biggest financial fight is always going to be over whose property is whose. Identifying separate property seems simple, but proving it to a court of law in a contentious divorce is a much heavier lift than most people realize. Establishing your separate property is critically important to prevent it from being divided or given to your spouse in a divorce and to ensure the rest of your marital estate is divided fairly. What is Separate Property Separate property is property owned entirely by one spouse and not subject to division in a divorce. Under Texas Family Code Section 3.001, separate property generally includes: ● Property owned or claimed by a spouse before marriage; ● Property acquired during marriage by gift, devise, or inheritance; and ● Recovery for personal injuries sustained during marriage, except for any portion representing lost earning capacity during the marriage. Community property, by contrast, includes most assets, income, and debts acquired by either spouse during the marriage and is presumed to belong to both spouses jointly. Texas is a community property state, meaning all property possessed by either spouse during or upon dissolution of the marriage is presumed to be community property unless proven otherwise. The spouse asserting a separate property claim bears the burden of rebutting that presumption. How to Prove Separate Property This is a substantial burden because the evidentiary standard for a separate property claim is “clear and convincing evidence,” one of the highest evidentiary standards in Texas civil law. Clear and convincing evidence means that there is a high likelihood that the assertions for which the evidence has been provided are true. Obtaining sufficient evidence is critical because failure to adequately trace separate property can result in the asset being characterized as community property and therefore subject to division by the court. Most often, this requires the assistance of an expert in separate property tracing, typically a Certified Financial Planner (CFP), Certified Divorce Financial Analyst (CDFA), forensic accountant, or Certified Public Accountant (CPA) experienced in marital property characterization under Texas law. Separate property tracing requires, as the name implies, tracing separate property funds from their origin, whether prior to marriage, by inheritance, gift, or personal injury recovery, through bank accounts, brokerage accounts, retirement accounts, real estate transactions, and other financial activity. The goal is to establish a continuous chain demonstrating that the property retained its separate character throughout the marriage. Courts generally require detailed financial documentation, including: ● Bank and brokerage statements; ● Wire transfer records; ● Closing documents; ● Retirement account statements; ● Transaction histories; ● Gift letters; ● Estate documents; and ● Accounting summaries or tracing schedules prepared by an expert. Any gaps in documentation, unexplained transfers, or commingling of separate and community funds can jeopardize a separate property claim. The more complete and organized the records, the more likely the court is to recognize the property as separate. Nuances of Separate Property Tracing Commingling and Mixed Character Property One of the most common issues in separate property tracing is commingling, which occurs when separate and community funds are mixed together. Because money is fungible, once funds are substantially commingled, it may become impossible to determine which dollars are separate and which are community. When tracing cannot be accomplished with reasonable certainty, Texas courts may characterize the entire account or asset as community property. However, commingling does not automatically destroy a separate property claim if the separate funds can still be adequately traced through accepted accounting methodologies such as: ● The clearinghouse method; ● Community-out-first presumption; ● Minimum balance method; or ● Identical sum inference. An experienced tracing expert may apply one or more of these methods to reconstruct account activity and preserve the separate character of funds despite extensive transactions. A common example of mixed-character property involves real estate. For instance, if one spouse receives a gift from a parent for the down payment on a home, that gifted contribution may remain separate property, while mortgage payments made during the marriage from earned income are generally community property. In these situations, the property may contain both separate and community interests. Texas courts often recognize reimbursement or economic contribution claims in these circumstances. The separate estate may be entitled to reimbursement for contributions that enhanced the value of community property, and vice versa. Valuation of the separate property interest is often based on the proportional contribution to the original purchase price, applied against the property’s current equity or value. Growth of Separate Property vs. Income from Separate Property Texas law distinguishes between appreciation of separate property and income generated by separate property. Generally: ● Appreciation or passive growth of separate property remains separate property; but ● Income generated from separate property during the marriage is community property. For example, if a spouse owns a separate property home before marriage, any increase in the home’s market value during the marriage remains separate property. However, rental income collected from tenants during the marriage is community property because it constitutes income generated during the marriage. This distinction becomes particularly complicated with investment and brokerage accounts. Capital appreciation of separate property investments retains its separate character, but dividends, interest payments, and distributions received during marriage are generally community property as income. Problems frequently arise when those community-property dividends are automatically reinvested into an otherwise separate- property investment account, creating commingling concerns. In those cases, a tracing expert may be required to distinguish: ● Original separate principal; ● Separate appreciation and market gains; ● Community income and reinvested dividends; and ● Subsequent purchases or transfers involving mixed funds. Retirement accounts also frequently require tracing analysis, particularly where contributions were made both before and during the marriage. Contributions made before marriage are generally separate property, while contributions and employer matches accrued during the marriage are usually community property. Investment growth attributable to each component must also be analyzed separately. Conclusion Separate property tracing is often one of the most complex financial issues in a Texas divorce. Because Texas law presumes that all property possessed during marriage is community property, the spouse asserting a separate property claim must present detailed, credible, and well-documented evidence to overcome that presumption. Even assets that began as clearly separate property can lose their separate character through commingling, inadequate records, or improper transfers. Successful tracing typically requires meticulous financial documentation and, in many cases, testimony or analysis from a qualified tracing expert. Properly identifying and protecting separate property interests can have a significant impact on the ultimate division of assets in a divorce proceeding, particularly in cases involving substantial investment accounts, real estate holdings, inheritances, or closely held businesses. Written By: Cameron Thomas ]]> by Molly Portwood-Kerrigan <![CDATA[Who, What, When, Where, and Why: The Basics of Discovery]]> https://www.maplesjones.com/?p=51914 2026-05-13T15:19:33Z 2026-04-24T15:17:09Z We’ve all seen it in legal dramas. The actors throw around the word “discovery” to scare opposing counsel like it’s a terrifying process. While dealing with discovery is time consuming and can involve a lot of work, it becomes significantly less intimidating with some understanding of the discovery process. It is also very common in family law disputes, even cases not destined for Court. In any litigation, including a divorce or custody dispute, both parties have the right to serve and conduct discovery on the other party. “Discovery” is an umbrella term and can be understood as the process of obtaining fact and evidence. Discovery is most useful in cases where one party does not have access to a lot of the financial assets or in high conflict cases regarding possession and conservatorship of the children. There are different kinds of discovery, including the following:
  • Requests for Production
  • Written Interrogatories
  • Requests for Admission
  • Request for Disclosure
  • Depositions
Different kinds of discovery achieve different results with regard to fact finding. Want to know how much money your ex makes so you can calculate child support? Serve them with a Request for Production asking them for documents related to their income. Want to know if your spouse has had an affair or even multiple affairs? Serve them with a Written Interrogatory asking them. Want your spouse to admit that they have a drug habit? Serve them with Requests for Admission asking them to admit to drug use. In most instances, once a discovery request is formally served on a party, that party must respond in thirty (30) days. If they fail to respond or their response is deficient, you can request the Court to issue a court order requiring a complete response and may be able to pursue a request for attorney’s fees. As mentioned, serving and responding to discovery is time and labor intensive, meaning it will make your case more costly. However, it is often necessary if the other party is unwilling to provide documents or information necessary for your case. If you’re considering pursuing a divorce or custody arrangement but feel as though you don’t have all the information about your spouse or co-parent, schedule a consultation with an attorney at Maples | Jones, PLLC to discuss your options so you can make informed decisions. Written By: Molly Portwood-Kerrigan]]> by Krissy Cooley <![CDATA[Think Before You Post]]> https://www.maplesjones.com/?p=51913 2026-05-12T21:56:03Z 2026-03-25T21:46:37Z Divorce is a life experience that can reshape everything—your routines, your relationships, your sense of identity. Even when it’s the right decision, it is still deeply hard.  This emotional life event can often spill into a habit many of us already have- using social media. Logging on to your social media and viewing, liking, sharing or commenting on posts can have consequences especially during a divorce.  Your digital footprint can impact possession schedule, child support and even property division. How can my own social media be used against me? While navigating a divorce or other litigation, your social media becomes more than just a place to vent your feelings, it becomes a key location to create evidence. The court views your social media behavior as real life evidence, not just “venting”.  Often your photos, instant messages, likes, status updates and comments can find their way into evidence in a court room.
  • Your posts can create a timeline including time stamps for the creation of new relationships, spending habits, and other behaviors.
 
  • Posting negative comments about your ex online can amplify an already hostile relationship. It might feel good in the moment to vent about an ex online, but it could come back to haunt you, especially in a custody matter. Expressing negative comments about your ex can also encourage others like friends or family members to pile on, creating drama that can make matters worse.
 
  • Sharing details of new partners online can lead to questions about finances, judgment and priorities and even impact possession orders.
 
  • Posts showing photos and videos or partying can be used to challenge your character and priorities. Sharing posts about your behaviors can produce evidence that can be used to impact custody decisions.
 
  • Emotional posts can create evidence that can be used to frame mental health concerns, substance abuse and other safety concerns. Even if your feelings are valid, sharing online can show hostility, suggest poor judgment and underline your credibility.
 
  • Private does not mean posts are protected. Friends or family can screenshot posts and share with others.
 
  • Posting content about your litigation online can also lead to increased legal fees. Online behavior can attract attention that your legal team may need to monitor, and this could cause longer legal battles.
 
  • Children are tech savvy, posting online could lead to your children reading your negative comments about their own parent.
 
  • Emoji’s count too… increasingly courts have accepted the commonly accepted meanings of emoji and hashtags as evidence.
These are only a short list of some of the issues that can arise from sharing details about your life online during a divorce. Because online content is difficult to erase completely, before you share something online during litigation, pause and consider “Would I be ok with a judge reading this”. Although this is one of the most difficult times in life to navigate, try to lean on trusted friends or professionals for help rather than posting your feelings publicly.  And remember when in doubt, post less.   Written By: Krissy Cooley ]]> by Chris Boman <![CDATA[Divorce and Preparing For What Lies Ahead]]> https://www.maplesjones.com/?p=51912 2026-05-12T21:40:22Z 2026-02-28T22:39:19Z The end of a marriage is always difficult, regardless of whether it is a mutual decision to divorce, one that you have made for yourself and your family, or one that has been thrust upon you, with or without advance warning. In any scenario, divorcing will be emotionally taxing and stressful.  You may be filled with fear and anxiety.  Uncertainty is often a major factor in those feelings – uncertainty about how or where to begin, uncertainty about the process, uncertainty about your future and what your life will look like in the end.  No matter your circumstances, whether it is amicable, extremely contentious, or somewhere in between, divorce will have a significant financial impact on your life, both during the divorce process, and in the end.  If you are contemplating obtaining a divorce, or believe that divorce may be imminent, it is important to prepare in advance, if possible.  The emotional toll that divorcing will have on you can cloud your thinking and judgment, and prevent you from acting rationally and strategically. Divorce is not one-size-fits-all. Every divorce is different, and the process unique to every divorcing couple.  Advice from divorced (or divorcing) friends may feel comforting to you, as may reading stories online about other divorces.  However, those divorces will not be your divorce.  Their facts are not your facts.  Quite likely, their judge will not be your judge. The first thing to do in preparing for your divorce is to consult with an experienced, skilled family law lawyer. At Maples | Jones, PLLC. Our experienced family law attorneys will be able to educate you on what to do before you file for divorce, help you understand the divorce process itself, and educate you on what you should expect.  In no particular order of importance, additional things to consider when preparing for your divorce are as follows: Financial Planning What do you know about your financial situation?  Do you and your spouse have joint bank accounts, or are your all in your spouse’s name? Do you have access to financial resources? What are your monthly expenses and income? These are some of the financial questions that you should ask yourself before filing for divorce. Understand that you will likely need to be able to support yourself financially for a minimum of 60-90 days once a divorce is filed, as it is not uncommon for it to take time to get into court for temporary orders or negotiate an agreement with your soon-to-be ex-spouse for temporary financial support.  If you do not have access to resources to support yourself, whether joint financial accounts or sufficient income from employment, it is important that you have adequate funds saved to get you through until temporary orders can be obtained. If you do not have a credit card exclusively in your name, you may want to apply for one before you file for divorce.  If for any reason you don’t have access to liquid assets, you will be able to use credit.  A credit card exclusively in your name also cannot be cancelled by your spouse, and allows you to start building your credit.   Obtain/Gather Financial Records Start collecting and organizing financial records. Not only will this help to educate you on your financial circumstances, but it will also help to educate your divorce attorney.  Examples of financial records to obtain that will be helpful in preparing for your divorce are as follows:
  • Tax returns (personal and business)
  • Current homeowners insurance policies, including riders and/or schedules
  • Current automobile insurance policies
  • Deeds to property purchased and sold during the marriage
  • Closing documents from the sale and purchase of property during the marriage
  • Current mortgage statements
  • Investment/brokerage account statements
  • Retirement account statements
  • Stock options/restrict stock units documents (statements, vesting schedules)
  • Current loan statements, including vehicle loans
  • Credit card statements
  • Recent paystubs
  • Current credit report
  • Trust agreements
  • Premarital and/or postmarital agreements
  • Business documents, including certificates of formation, company agreements, partnership agreements, shareholder agreements, and any amendments, organizational documents, and financial records, including profit & loss statements, general ledgers, and other such records.
If you do not have access to certain records, your divorce lawyer will be able to request documents from your spouse during the divorce process.  However, the more information that you have in advance of filing, the better off you will be.  In addition, make a list of the assets that you believe you and your spouse own.  This will help you to remember which documents to gather and will also help your divorce lawyer when it comes time for him/her to seek information and documents from your spouse. It may also be helpful to video inventory the entirety of your home and its contents.  You may be the spouse moving out of the marital residence while your divorce is pending.  In that case, it is unlikely that you will move every single item out that you want to keep in the end.  Having a video inventory to review later will help you and your attorney to make a list of the items that you want from the residence in the end.  Without this inventory, you may forget that your grandmother’s silver is in the back of your dining room buffet.  On that note, it is important when taking your video inventory to open and film all cabinets, drawers, closets, garage, attic, storage shed, etc.   Living Arrangements Even the most agreeable couple in an amicable, uncontested divorce runs into difficulties when trying to live under the same roof during a divorce.  As information is requested and exchanged between you and your spouse, and negotiations are occurring, emotions become heightened, as do tensions.  The situation becomes exponentially more difficult when the divorce is contested, and untenable if a trial is on the horizon.  If there are children involved, they are often caught in the middle, either witnessing you and your spouse argue, or simply feeling the tension in the air. Physically separating and maintaining different households is advisable in almost all divorce cases.    Protect Your Personal Information Spouses often share family devices and/or login credentials.  Before you file for divorce, it is a good idea to create a new email address.  When doing so, use login credentials that are completely different from any other username and/or password that you have used during your marriage, and do not use credentials which could be easily guessed by your spouse, such as your child’s birthday or your high school mascot.  Use this new email for communications that you wish to keep confidential, especially communications with your divorce lawyer. You should also change any passwords to your individual online accounts (including social media) that your spouse may know or be likely to guess. Do not, however, change login credentials to your spouse’s individual accounts, nor joint accounts could result in your spouse being denied access. Disconnect your personal devices from devices which may be shared with your spouse and/or your children.  For example, your child(ren)’s iPad may be connected to your cell phone account and text messages that you receive could populate on that iPad.  Check your accounts and disconnect your devices as may be necessary to ensure your privacy.  Lot out of your email account(s) from all shared devices, such as a household computer, change your login credentials, and do not allow shared devices to “remember” your new credentials. What about the Kids As you are preparing for your divorce, your children will be a top priority, as they should.  How you and your spouse make decisions about your children both during and after divorce will need to be considered.  You will also need to think about what time with your children will look like for you and your spouse, both during and after divorce.   These decisions will ultimately be made during your divorce, but as you prepare, start thinking about these things.  Have my spouse and I been able to make decisions about our kids without conflict?  If so, it’s likely that you will continue to be able to do so, often even in a contentious divorce.  Or, has there been a history or pattern of conflict around important decisions?  Your divorce lawyer will need these things.  Where will the children go to school? If you and your spouse continue to reside within the same area, this may not be an issue.  But what if one of you moves – where will the children go to school then?  Private vs. public school may be an issue in your divorce.  If the children have been attending private school, will there be sufficient resources during and/or after the divorce for that to continue, and how will those expenses be paid? Be thinking about holidays, extended summer possession to allow for vacations, summer camps, and after-school activities. Having thought about these things in advance will be helpful to you and your divorce lawyer as you navigate the divorce and all of the decisions that will need to be made for your children.   Emotional Support Divorce is the death of a relationship.  Divorce is about loss – loss of finances, loss of stability, loss of control.  Divorce is traumatic.  Whether you and your spouse have agreed to amicably divorce or you are in a highly contentious divorce with a difficult spouse, a few of the common feelings you may experience are sadness, anger, grief, and possibly denial and/or bargaining.  First and foremost, you need to take care of yourself.  As they say, put on your oxygen mask first.  Having a strong support system of friends and family can help, as may engaging the services of a licensed therapist.  And don’t forget about self-care.  Engaging in your favorite hobbies, exercising, and things of that nature can help to ground you in what will be a difficult process. It is also important to have a strong, skilled and compassionate legal team on your side, to help you navigate the divorce process and to give you the best opportunity to achieve your desired outcome. Maples | Jones, PLLC is a boutique law firm in Austin, Texas, serving Travis County, Hays County, Williamson County, and other counties in Central Texas.  Our lawyers will listen to your fears and concerns with empathy and compassion.  Our lawyers will also discuss and weigh your options with you, advise you on your options, and support you in the decisions that you ultimately make after having been informed. Contact us today for more information as you prepare for your divorce.  Entrust your future, and the future of your children, to the experienced and skilled divorce lawyers at Maples | Jones, PLLC. DISCLOSURE: This blog is being provided for informational purposes only.  The preceding information should not be construed as tax, financial or legal advice. Written By: Chris Boman ]]> by Maria Portella <![CDATA[The Best Interest of the Child: What Parents Need to Know]]> https://www.maplesjones.com/?p=51910 2026-05-12T21:36:00Z 2026-01-30T22:35:29Z In family law cases involving children, the legal standard on which Texas courts rely is the “best interest of the child.” While this phrase may sound self-explanatory, it is actually a legal standard that involves many factors and considerations. Courts do not rely on a single definition of what is “best,” but instead evaluate a variety of elements to determine what outcome will most effectively protect a child’s safety, stability, and overall well-being. Understanding this legal burden is especially important if your lawsuit is contested and you are required to present your case before the Court.
  1. When Does the Best Interest of the Child Standard Apply?
The “best interest” standard applies anytime there is a lawsuit involving a child. This includes, but is not limited to, matters involving possession and access (often referred to as “visitation”), decision-making rights, enforcement actions, termination of parental rights, child support, and any other matters impacting a child’s day-to-day well-being. This standard ensures that the court prioritizes the child’s needs, safety, and welfare above all else.
  1. What Factors do Courts Consider in Determining the Best Interest of the Child?
Courts may consider any relevant facts when determining what is in a child’s best interest; there is no exhaustive list of factors. However, the Texas Supreme Court has identified a commonly used set of considerations known as the Holley Factors. In Holley v. Adams, the Court explained that a factfinder (judge) may consider, among other things:
  1. The desires of the child;
  2. The present and future physical and emotional needs of the child;
  3. The present and future emotional and physical dangers to the child;
  4. The parental abilities of the person seeking custody;
  5. The programs available to assist the parties to promote the best interest of the child;
  6. The plans for the child made by the person seeking custody or the agency;
  7. The stability of the home or proposed placement;
  8. The acts or omissions of a parent that indicate that the existing parent-child relationship is not a proper one; and
  9. Any excuse for the parent’s acts or omissions.
As previously noted, courts are not limited to the Holley Factors and may also consider other relevant circumstances, such as the child’s age, history, daily routine, and what has been the norm for the child.

C.        Are there Any Presumptions?

Yes. In some situations, Texas law includes rebuttable presumptions that guide the court’s analysis in determining a child’s best interest. For example, there is a presumption that appointing both parents as joint managing conservators is in the child’s best interest, unless evidence shows that doing so would not be appropriate. There is also a presumption that when a child is over the age of three, a Standard Possession Order is in the child’s best interest. A Standard Possession Order is a visitation schedule outlined in Texas Family Code Section 153.3101 which addresses times for exchanging the child with the other parent, weekday and weekend visits, holidays, the child’s birthday, spring and summer breaks, and other important events. Different schedules may apply depending on the distance between the parents’ residences. These presumptions are not absolute. If evidence shows that a Standard Possession Order or joint conservatorship would not be in your child’s best interest, the court may deviate from the presumption. There are also circumstances where presumptions may weigh against a parent, such as cases involving a history of family violence, abuse, and neglect. While presumptions are not absolute, they establish a starting point that the court considers alongside the evidence presented.
  1. How Can I Prove What is in the Best Interest of the Child?
A judge determines the child’s best interest by reviewing the evidence presented, which may include testimony from the parents and other individuals with relevant knowledge of the child’s circumstances, as well as school records, medical records, therapy records, other relevant documentation, and, sometimes, statements by the child. If you have any questions or need guidance on how to best present your case to highlight the best interest of your child or children, please contact our office to schedule a consultation with one of our attorneys. Written by Maria E. Portella]]> by Cameron Thomas <![CDATA[Understanding Crypto Currency in a Divorce]]> https://www.maplesjones.com/?p=51902 2026-05-12T21:31:54Z 2025-12-18T22:21:53Z In Texas, cryptocurrency and other digital assets acquired during the marriage are considered marital property, subject to the same community property laws as traditional assets.  The unique challenges with cryptocurrency in a divorce lawsuit relate to the tracing and valuation of the digital assets. While disclosure requirements apply to cryptocurrency in the same way that they apply to other assets, the unregulated nature of cryptocurrency can make it easier to hide and trickier to trace.  In particularly complex cases, or cases in which hidden crypto assets are suspected, the use of forensic accountants is often the most effective method for identifying crypto assets.  Likewise, familiarizing yourself with the basics of storing and trading crypto can be helpful in identifying crypto holdings and transactions in bank statements and understanding the information to request from an opposing party.  Bank statements and other traditional financial records can reflect transactions with cryptocurrency exchanges evidencing the existence of the assets and providing clues of institutions from which to request records.
  • Cryptocurrency exchanges are trading platforms analogous to traditional stock exchanges, allowing users to buy and sell cryptocurrency and other digital assets such as NFTs (non-fungible tokens). Currently, the cryptocurrency exchanges with the largest market shares include Binance, Bybit, Coinbase Exchange, Crypto.com Exchange, and OKX.  Transactions with these exchanges can show up in traditional bank records and should provide clues as to the existence of crypto assets.
  • The cryptocurrency itself is stored in digital wallets on the blockchain with unique addresses that read as a chain of letters and numbers, similar to a bank account. Applications like MetaMask, Coinbase Wallet, and Phantom aggregate an individual’s wallets and reflect their holdings and transactions with cryptocurrency exchanges.
As with other hidden assets, any cryptocurrency found to have been undisclosed can result in serious penalties for the deceptive party including fines, attorney’s fees, and less than favorable division of assets. The other challenge posed by cryptocurrency in divorce proceedings is valuation and equitable division as highly volatile assets.  Like traditional stocks, the value of cryptocurrency fluctuates, though often more quickly and dramatically as compared to other financial instruments.  Contrary to stocks, however, the value of the same cryptocurrency can also vary across exchanges. The uncertainty of value can cause difficulties when dividing cryptocurrency assets amongst the parties.  Valuation for the purpose liquidation or offset can be conducted based on historical averages, value at a specified date, or an average valuation across the various exchanges.  Valuation challenges can be avoided by dividing any cryptocurrency in kind with a direct transfer if both parties are interested in holding cryptocurrency.  Dividing parties can also stipulate to the designation and valuation procedures for cryptocurrency with a marital property agreement. Finally, capital gains tax and other potential tax liabilities should be considered when making any allocation of cryptocurrency in a divorce.  A tax planner or other financial advisor with knowledge of digital assets should be consulted to minimize the tax implications.   Written By: Cameron Thomas]]> by Molly Portwood-Kerrigan <![CDATA[Love It or List It: Dealing with the House in a Divorce]]> https://www.maplesjones.com/?p=46154 2026-04-22T17:38:09Z 2025-11-25T06:00:00Z In movies, TV, and sad country songs, one party to a divorce is often depicted as having “lost” the house in their divorce. While this depiction can be effective in portraying a character, it is rarely true to life. In reality, there are two likely outcomes regarding the marital residence in a divorce. Selling the House The first and fairly common outcome regarding the home (a.k.a. the marital residence) in a divorce is that the parties sell the house. This can be done by agreement at any point during the pendency of the divorce or by court order in the final decree. Often, the parties will split the proceeds. How the proceeds are divided depends on the agreement of the parties or the orders of the Court. If the house will be sold following the divorce, the final decree will include a timeline for the listing of the house for sale. It will also include procedures to select a realtor, set the sales price, adjust the sales price, etc. This outcome may sound like “losing” the house, but the parties are gaining the proceeds from the sale. Keeping the House However, depending on the housing market, interest rates, and personal sentimentally, a party to a divorce may want to keep the marital residence after the divorce is finalized instead of selling the home. This leads us to the second outcome: one party keeps the house, and the other party receives their equity in the home in one of two ways: an equalization payment or other assets of the marital estate. Since the marital residence may be the largest asset a divorcing couple owns, the party keeping the house will often be required to pay the other party a sum of money within a particular timeframe to ensure that the division of the marital estate is fair and equitable, which is often known as an equalization payment. Alternatively, the party releasing their interest in the house may receive more assets of the marital estate, such as retirement accounts, brokerage accounts, bank accounts, etc. So while the party releasing their interest in the house is “losing” the house, they are also “winning” other assets, either through an equalization payment or through the other assets. When the parties agree to one party keeping the house or one party is awarded the house by the Court, certain documents will need to be recorded with the county property records in order to facilitate the transfer of interest in the house. These include a Special Warranty Deed, a Deed of Trust to Secure Assumption, a Deed of Trust to Secure Owelty of Partition, and/or a Real Estate Lien Note. Love It or List It? Your house is your home, and it can be a sensitive topic when there is a pending divorce. If you have any questions about your options regarding your house or what the process of keeping or selling your home will be in a the event of divorce, please feel free to contact our office and set up a consultation with one of our attorneys.]]> by Meagan Jones <![CDATA[Child Support in Texas – What the New $11,700 Monthly Cap means for Parents]]> https://www.maplesjones.com/?p=46161 2026-04-16T18:10:37Z 2025-10-30T05:00:00Z In Texas, child support is calculates based on the paying parent’s “monthly net resources” and a formula to determine the guideline child support amount that should be paid. Recently the cap (or maximum) on the monthly net resources of the paying parents was updates to $11,700. This change affects the guideline child support amounts and is important to both paying and receiving parents to understand. How Texas Calculates guideline child support (the basics)
  • “Monthly net resources” = gross income from any source minus allowable deductions (federal income tax based on filing status and allowances, Social Security taxes, union dues, and other permitted deductions under the Texas Family Code).
  • Guideline percentages of monthly net resources are then applied:
    • 1 child = 20%
    • 2 children = 25%
    • 3 children = 30%
    • 4 children = 35%
    • 5 children 40%
    • 6+ children = at least 40% (court may order more)
  • Health insurance premiums for the child and work – related childcare costs are typically permitted deductions.
What the new $11,700 cap means
  •  The guidelines percentages are applied up to a monthly net-resources cap $11,700. (Practically, that means the formula. produces higher dollar amount than under a lower cap, but the percentages themselves have not changed.)
  • Example calculations using the $11,700 cap:
    • 1 child: 20% of $11,700 =$2,340/month
    • 2 children: 25% of $11,700 = $ 2,925/month
    • 3 children: 30% of $11,700 = $3,510/month
    • 4 children: 35% of $11,700 = $4,095/month
    • 5 children: %40 of $11,700 = $4,680/month
  • If a parent’s actual monthly net resources exceed $11,700, the statutory guideline amounts are calculated using the cap; the court still has the authority to order a higher amount when the circumstances justify it (e.g., very high income, extraordinary needs of the child).
Multiple families / other support obligations
  • If a parent supports other children from different relationships, the court considers those existing obligations when setting a new support order. The law provides mechanisms to ensure that support apportioned fairly among all the children. A different percentage will be applied to determine child support when there are multiple families.
Deviation from the guideline
  • Texas courts may deviate from the statutory guideline amount for good cause and in the child’e best interest, Common reasons include significant overnight possession by the nonpaying parent, extraordinary needs of the child, or where the obligor’s capacity to pay differs from what the caps/deductions reflect.
  • If income is significantly higher than the cap, the court may order an amount above the guideline.
Modification, enforcement, and practical notes
  • Modification: Either parent can ask for a modification if circumstances have materially and substantially changed (for example, income increases/decreases, job loss, or child’s needs change). Each case depends on the facts and timing.
  • Enforcement: Common enforcement methods include income withholding orders, contempt proceedings, liens, suspension of driver’s or professional licenses, intercept of tax refunds, and other remedies.
  • Arrearages accrue interest and can lead to enforcement actions if unpaid.
  A family law attorney can review your income documentation, explain allowable deductions, run accurate calculations, advise on deviations or modifications, and represent your interests in court if needed. Keeping accurate records can make the process a lot smoother – gather recent pay stubs, tax returns, proof of health insurance and childcare costs, and records of any other support obligations. Discussing all of your options with an attorney can help you better understand how the change may affect your family. Don’t wait – timely advice can protect your child’s financial needs and your legal rights.    ]]>