1. Proving-Up Agreements 2. Suits Affecting the Parent ...imprimaturpress.com/imgs/CDTOC.pdf · Marital Agreements, Pre-Nuptial Agreements, Pre-Amendment (Before Sept. 1, 1993), Prove-Up

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TEXAS FAMILY LAW—DIRECT & CROSS EXAMINATION

1. Proving-Up Agreements

2. Suits Affecting the Parent-Child Relationship

3. Custody (Primary Possession)

4. Property

5. U.S. Income Tax Returns

6. Marital Agreements

7. Enforcement

8. Financial

9. Challenges to Experts

10. Procedural and Jurisdictional Issues

11. Legal Fees

12. Miscellaneous

Click on the Name of Outline to proceed directly to that outline.


1. Proving-Up Agreements Divorce with Children

Short Form Long Form

Divorce without Children Short Form Long Form

Name Change Adult Minor

Modification of S.A.P.C.R. Child Support Possession (Visitation) Child Support and Possession Combined Modification of Parent Primary Joint Managing Conservator including Child Support and Possession Modification of Parent Sole Managing Conservatorship including Child Support and Possession

Enforcement Child Support Possession

Termination of Parental Rights Taking a Default Judgment

With Service With Substituted Service

Citation by Publication in S.A.P.C.R with Children Citation by Publication or Posting in Divorce (No Children but with Appreciable Property) Citation by Publication or Posting in Divorce (No Children and No Appreciable Property) Long-Arm Jurisdiction Provisions in Divorce and S.A.P.C.R.

See also Chapter 6. Marital Agreements, Pre-Nuptial Agreements, Pre-Amendment (Before Sept. 1, 1993), Prove-Up See also Chapter 6. Marital Agreements, Marital Property Agreements, Partition or Exchange Agreement, Agreement Concerning Income or Property from Separate Agreement, Prove-Up See also Chapter 7. Enforcement (See specific enforcement matter for prove-up of attorney’s fees incurred. See also Chapter 8. Financial, Business Records—Records Custodian, Prove-Up See also Chapter 11. Legal Fees, Attorney’s Fees, Prove-Up See also Chapter 11. Legal Fees, Legal Assistant’s Fees, Prove-Up See also Chapter 12. Miscellaneous, Informal (Common Law) Marriages, Prove-Up



2. Suits Affecting the Parent-Child Relationship Visitation

Seeking Variance from Standard Possession Order in Divorce (Temporary or Final) Seeing Variance from Standard Possession Order in Modification (Temporary or Final) Opposing Requested Visitation Schedule

Child Support Net Resources Seeking Guideline Support (Temporary or Final) Seeking Variance from Guideline Support (Temporary or Final) Opposing Requested Amount

Establishing Ability to Pay (Employed) Establishing Ability to Pay (Self Employed)

Special Needs of the Child or Children Uniform Interstate Family Support Act (U.I.F.S.A.)

Interstate Child Support Orders⎯ Establishing Personal Jurisdiction Over Non-Resident Registering of Support Order Under U.I.F.S.A.⎯ Direct Examination of Party Seeking Registration

Uniform Child Custody Jurisdiction and Enforcement Act (U.C.C.J.E.A.) Registering of Child Custody Determination⎯ Direct Examination of Party Seeking Registration Establishing U.C.C.J.E.A. Jurisdiction⎯ Basic Requirements to Assist in Direct and Cross Examination Opposing U.C.C.J.E.A. Jurisdiction⎯ Basic Requirements to Assist in Direct and Cross Examination

Rights and Duties Seeking Variance from Standard Rights, Privileges and Powers of Conservator

Protective Orders “Kick-Out” Orders (Ex Parte)

Seeking Ex Parte Seeking Order with Notice to Counsel⎯Counsel Not Present

Without “Kick-Out” Orders (Ex Parte) Seeking Seeking Order with Notice to Counsel⎯Counsel Not Present

Temporary Hearing or Final Trial



3. Custody (Primary Possession) Divorce

Final Trial⎯ Basic Direct Examination Basic Cross Examination Outline

Temporary Orders⎯ Basic Direct Examination Basic Cross Examination

Affidavit of Choice of Managing Conservator Attacking Defending (Ideas)

Collateral Witness Teachers and Principals

Direct Examination Cross Examination Outline

Neighbors Direct Examination Cross Examination Outline

Relatives Direct Examination Cross Examination Outline

Social Friends Direct Examination Cross Examination Outline

Employer Direct Examination Cross Examination Outline

Co-Workers Direct Examination Cross Examination Outline

Clergy/Rabbi Direct Examination Cross Examination Outline

Paramours Direct Examination Cross Examination Outline

Day Care Provider Direct Examination Cross Examination Outline



4. Property Disproportionate Share

Seeking/Opposing Separate Property (Without Tracing)

Defending Tracing

Community Out First Rule Item Tracing

Real Property Seeking Possession


Real Estate Agent Market Analysis Direct Examination Cross Examination Outline

Personal Property Seeking Possession (Community Property)

Direct Examination Appraiser

Direct Examination Valuation of Personal Property Using Internet Resources

Direct Examination Cross Examination

Vehicles Value of Automobile


Value of Aircraft Direct Examination Cross Examination Outline

Value of Watercraft Direct Examination Cross Examination Outline



5. U.S. Income Tax Returns Individual (Basic Questions for Direct or Cross Examination)

Form 1040 Form 1040A (Taxable Income Under $50,000) Form 1040EZ (Under 65, No Dependents, and Taxable Income Under $50,000)

Corporation (Basic Questions for Direct or Cross Examination) Form 1120 (Corporation) Form 1120A (Small Corporation) Form 1120S (Subchapter S Corporation)



6. Marital Agreements Pre-Nuptial Agreements

Pre-Amendment (Before September 1993) Attacking

Post-Amendment (After September 1993) Attacking

Prove-Up Conversion/Transmutation

Marital Property Agreements Partition or Exchange Agreement

Agreement Concerning Income or Property from Separate Property Attacking Prove-Up



7. Enforcement Visitation

Prosecuting Defending

Child Support Prosecuting Defending

Spousal Support Seeking Defending

Injunctions Seeking Defending

Payments of Debts Seeking Defending

Property Division Seeking Defending



8. Financial Income Statements

Attacking Defending

Expense Statements Attacking Defending

Business Records—Records Custodian Prove-Up Cross Examination Outline

Intentional Underemployment Defending Cross Examination Outline

Payroll Records Proponent (Direct Examination) Opponent (Cross Examination Outline)



9. Challenges to Experts Non-Scientific Experts

(Psychologists/Psychiatrists/Social Workers/Counselors/ Medical Providers/Appraisers/Accountants/Financial Experts)

Qualifying Challenging (Daubert Challenge)

Scientific Experts (Engineers/Medical Researchers/Other)

Qualifying Challenging (Daubert Challenge)



10. Procedural and Jurisdictional Issues S.A.P.C.R. Standing Transfer of Original S.A.P.C.R. Proceeding Within State Disqualification

Judge Seeking

Opposing Counsel Seeking Defending

Legal Assistant Seeking

Social Worker Defending Seeking



11. Legal Fees Attorney’s Fees

Prove-Up (Seeking) Attacking

Legal Assistant’s Fees Prove-Up (Seeking) Attacking (Ideas)



12. Miscellaneous Informal (Common Law) Marriages

Prove-Up Attack (Ideas)

Spousal Maintenance (Alimony) Establishing Eligibility Challenging Eligibility (Ideas) Net Resources

Documents

1. Proving-Up Agreements 2. Suits Affecting the Parent ...imprimaturpress.com/imgs/CDTOC.pdf · Marital Agreements, Pre-Nuptial Agreements, Pre-Amendment (Before Sept. 1, 1993), Prove-Up