In this episode, Melinda sits down with fellow Duffee+Eitzen partner, Jodi Bender, to discuss her Texas Supreme Court family law case, what that process was like, and how it now impacts family law across Texas.

Key Takeaways from the Episode

Texas Court Structure:
· Three levels: trial court, appellate court, and Texas Supreme Court.
· Less than 10% of cases requested for review by the Supreme Court are actually heard.

Appeals Are Not a “Do-Over”:
· No new witnesses or arguments are presented.
· The appellate court reviews legal errors made during trial (e.g., evidence wrongly excluded or admitted).
· Attorneys must show that the error was harmful to the case and preserve the issue in the record with an offer of proof.

Importance of Record-Keeping:
· Maintaining a clear and detailed trial record is essential for a successful appeal.
· Appeals can take years to resolve.

Jodi’s Case Overview:
· Involved property division — specifically whether a bonus earned during marriage was community property or separate property.
· Jodi argued the bonus was community property because it was accrued during the marriage and tied to the husband’s performance.
· The Texas Supreme Court agreed with Jodi, ruling that the bonus should be considered community property.

Impact of the Ruling:
· Clarified that compensation outside of salary (e.g., bonuses, stock options, fringe benefits) must be evaluated based on when it was earned, not when it was received.
· Addressed potential gamesmanship, where individuals could manipulate salary and bonuses to affect property division.
· Although Jodi’s case did not create new law, it provided a new interpretation and clarification of existing statutes.

Broader Implications for Family Law:
· Influences mediation and settlement negotiations, as bonuses and deferred compensation must be analyzed carefully before trial.
· Reinforces the importance of understanding each party’s compensation structure in divorce cases.
· Connects to new family code legislation that includes formulas for deferred compensation but still leaves ambiguity on handling bonuses.

About Jodi Bender Today:
· Continues to practice family law and head the Witchia Falls D+E location, as well as, Dallas metro area.
· Has expanded her work to include mediation as a mediator herself.

Litigation Update: 2025 Family Law Reforms in Texas

Melinda sits down with Duffee + Eitzen associate attorney, Devin Kerns, who breaks down the most important 2025 updates to Texas family law. The changes impact child support, protective orders, non-parent rights, and enforcement provisions—each reshaping how courts prioritize safety, parental authority, and long-term family outcomes.

About the Guest

Devin Kerns is an associate attorney at Duffee + Eitzen in Dallas, TX.

Child Support

• The net resources cap for child support has increased from $9,200 to $11,700 per month, reflecting a 27% rise.
• The standard calculation remains: 20% of the paying parent’s monthly income for one child.
• Parents can still negotiate individual child support agreements, but those exist alongside the statutory increase.
• The Texas Attorney General’s Office continues to review child support cases at no cost.

Protective Orders

• A Protective Order (PO) now takes legal priority over any custody or divorce decree in place.
• SAPOs (Stalking/Abuse Protective Orders) automatically last two years.
• The showing that violence was likely to recur is still no longer required.
• Transfers to divorce court are now mandatory (previously discretionary) unless the court determines that doing so would endanger the protected party’s safety.

Non-Parent Rights

• The definition of “non-parent” includes stepparents, grandparents, aunts, uncles, and other non-biological or non-adoptive caregivers.
• Texas has tightened the standard for non-parent standing in custody or access cases.
• Previously, standing required actual care, control, or possession of a child for at least six months.
• The new statute replaces “actual” with “exclusive,” although this term is undefined by the statue.
• The stepparent statute granting standing after the death of a biological parent has been completely repealed.

Fit Parent Presumption

• The fit parent presumption now carries stronger legal protection for biological and adoptive parents.
• Courts require clear and convincing evidence to override parental rights, now clarifying the application burden of proof.
• Non-parents cannot overcome this presumption by referencing prior agreed orders or informal arrangements.
• This shift reinforces that parental autonomy and decision-making remain the court’s priority unless substantial evidence shows otherwise.

Enforcements

• A new “Three Strikes” provision increases accountability for repeated violations of court orders.
• After three prior contempt findings for violating a possession or access order, the fourth violation:
  • Constitutes a material and substantial change, providing grounds for modification, and
  • Requires commitment to jail.
• In effect, four deliberate violations of a court order now lead to incarceration.

Quotes from the Discussion

“Litigating in a family is very different than litigating between two business partners.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

“The court is not interested in getting into the personal decision-making of a parent.”

— Devin Kerns, Associate Attorney, Duffee + Eitzen

In this episode, Melinda Eitzen sits down with probate and estate planning attorney David Pyke to explore the crucial intersection between family law and estate planning. From prenuptial agreements to wills, powers of attorney, and post-divorce updates, they discuss how proactive planning can protect your assets, your family, and your future.

About Guest:

David Pyke is a probate and estate attorney at Pyke & Associates in Dallas, TX. To contact David visit their website at dallasprobatelaw.com.

Main Takeaways

• Prenups and postnups (marital property agreements) help define ownership and prevent conflicts between estate and divorce outcomes.
• Having a will isn’t enough—without a marital property agreement, assets acquired during marriage are presumed community property.
• Record keeping matters: keep digital copies of financial statements as proof of separate assets.
• After divorce: always update your will and beneficiaries—divorce automatically voids gifts in a will.
• Trusts and powers of attorney are essential tools for complex estates or when planning for incapacity.
• Review your estate documents every five years or after major life changes like death, divorce, or incapacity.

Quotes from the Episode

“All marriages end—either in death or divorce—and the legal ramifications are the same. So, do you have rules?” – David Pyke
“Community property with your name on it means nothing.” – David Pyke
“It’s never fine to do nothing, because the law says divorce voids any gift in a will.” – David Pyke
“If someone says there’s a way to avoid income taxes, fold up your pocketbook and run.” – David Pyke