LBD Law, PLLC LBD Law, PLLC 2026-07-01T13:29:17Z https://www.bracamontelawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1404695/2025/04/cropped-lbdSiteicon-32x32.png On Behalf of LBD Law, PLLC <![CDATA[Disability of a parent: Will it affect child support?]]> https://www.bracamontelawfirm.com/?p=49524 2026-07-01T13:29:17Z 2026-06-30T18:10:18Z Factors affecting child support calculations A parent’s disability can impact child support in several ways. Because certain disability benefits are legal income and might be included for child support payments. Here is how your payment could be affected:
  • Income calculation: Certain disability benefits including Social Security Disability Insurance (SSDI) and, in some cases, Veterans Disability (VA) benefits may be considered while calculating child support.
  • Derivative benefits: The court might credit some dependent benefits received by the child toward the parent’s child support obligation, depending on the circumstances.
Even if one parent is completely incapacitated or unable to work, the original court order would be active. Back-child support and high interest will continue to increase until a judge signs a new order. To request a modification of the support obligation, the disabled parent should immediately file a motion to modify the child support order with the court citing a “material and substantial change in circumstances.” In many cases, any modification takes effect no earlier than the date a request to modify is filed, making it important to act promptly.

Taking the right action

Dealing with a sudden disability with complex legal nuances can be overwhelming for many. If your earning capacity has changed, reaching out to an experienced divorce attorney could help you protect your rights and ensure your child support order reflects your current financial circumstances.]]> On Behalf of LBD Law, PLLC <![CDATA[What if you miss court in Texas?]]> https://www.bracamontelawfirm.com/?p=49518 2026-06-08T12:33:02Z 2026-06-09T12:31:19Z A missed date can create a warrant If you fail to appear, the judge may issue a warrant or capias, which could lead to an arrest during a routine traffic stop or encounter with law enforcement. The court may also initiate bond forfeiture proceedings, which can place cash, collateral or the underlying bond agreement at risk. If you used a surety bond, the bondsman may also attempt to locate you. Once you return, the judge may impose new release conditions.

Failure to appear can become a separate charge

In Texas, you may face a separate 'failure to appear' charge if you intentionally or knowingly miss court after being lawfully released from custody on the condition that you return. The potential penalty depends on the classification of the original charge and the type of court appearance missed. A missed date in a felony case can lead to a third-degree felony. In a Class A or Class B misdemeanor case, failure to appear is a Class A misdemeanor, which carries a penalty of up to one year in county jail. If the hearing involved a fine-only Class C misdemeanor, such as a routine traffic ticket, the separate failure to appear charge is strictly a Class C misdemeanor, punishable by a fine of up to $500 without jail time. State law also recognizes that a documented, reasonable excuse may affect how a judge evaluates the absence. It is vital to document medical emergencies, lack of proper notice or other serious issues that explain why you missed court.

Getting the case back on track

One absence does not have to control the direction of your case, but ignoring it can create additional legal and practical consequences. Acting quickly, confirming the warrant status and gathering proof of why you missed court can help you respond with a clearer plan. The sooner you address the issue, the more options may be available for getting the case back on track.]]> On Behalf of LBD Law, PLLC <![CDATA[Know your rights: A guide for arrested individuals in Texas]]> https://www.bracamontelawfirm.com/?p=49520 2026-06-08T12:32:54Z 2026-06-08T12:31:20Z You have the right to remain silent One of the most important things you can do after an arrest is to refrain from speaking. Anything you say to law enforcement may be introduced as evidence against you in court. You are not required to answer questions beyond providing basic identifying information, which includes your name, address and date of birth. Formally invoking your right to remain silent is not an admission of guilt. It is one of the most consequential steps you can take to protect yourself from the start.

You have the right to an attorney

The moment police arrest you, you have the right to consult with an attorney before answering any questions. If you cannot afford one, the court will appoint qualified legal counsel to represent you. Obtaining legal guidance before your first court appearance is critical because the decisions made early in a case can have lasting consequences.

You have the right to know the charges against you

Texas law requires the state to inform you of the charges against you. You also have the right to a copy of the formal charging document, whether it is a complaint, information or indictment. Understanding the specific charge matters because the severity of the offense, whether it is a misdemeanor or a felony, directly affects the potential penalties you face and the options available to you. Knowing exactly what you are up against positions you more effectively to respond.

An arrest is not a conviction

An arrest does not mean you will face a conviction. Texas law affords you the presumption of innocence until the prosecution establishes guilt beyond a reasonable doubt. If this is your first offense, you may have options available that can result in reduced charges or outright dismissal, depending on the circumstances. A criminal defense lawyer can thoroughly evaluate what those options look like for your specific situation and help you take the next step forward with clarity.]]> On Behalf of LBD Law, PLLC <![CDATA[What can temporary orders cover during a Texas divorce?]]> https://www.bracamontelawfirm.com/?p=49514 2026-05-19T09:00:51Z 2026-05-19T09:00:51Z Parenting and child support arrangements If you and your spouse have children, temporary orders may address their daily routine and financial needs. A judge may set rules for where your children will live, when each parent will spend time with them and how exchanges will happen. These orders may also require one parent to pay child support while the case is pending. In some cases, the court may address health insurance and other child-related expenses.

Property, bills and financial responsibilities

Temporary orders may also address how you and your spouse handle property and expenses during the case. These orders often maintain the status quo while the case is pending. Under Texas Family Code Section 6.502, a court may issue interim orders after notice and a hearing to preserve property and protect the parties. Depending on your situation, a judge may decide who can stay in the marital home, who can use certain vehicles and who must pay specific bills, such as the mortgage, utilities or insurance. A judge may also order temporary spousal support or interim attorney fees in some cases. These orders can reduce financial uncertainty.

Temporary orders are not the same as TROs

Temporary orders are different from temporary restraining orders. A TRO usually addresses urgent concerns before a hearing can take place. Temporary orders often last longer and may cover broader issues after the court hears from both sides.

Moving forward with fewer unknowns

Temporary orders can give you a clearer structure while your divorce is pending. Because court-issued nonpermanent orders are legally binding, violating them may lead to enforcement actions, including contempt of court. By addressing these critical issues early, these orders may help you manage daily responsibilities while preparing for the outcome of your case.]]> On Behalf of LBD Law, PLLC <![CDATA[How to fight drug possession charges]]> https://www.bracamontelawfirm.com/?p=49510 2026-05-12T08:47:49Z 2026-05-12T08:47:49Z Common defenses against drug possession charges In a criminal case, the burden of proof rests entirely on the prosecution. To secure a conviction, the prosecution must prove every part of its case beyond a reasonable doubt. This allows you to challenge their evidence using these specific legal strategies:
  • Lack of possession: The state must prove you had "care, custody and control" over the substances. If drugs were found in a shared space or a vehicle with multiple passengers, it may be difficult for the prosecutors to prove the items actually belonged to you.
  • Unreasonable searches and seizures: The Fourth Amendment protects you from illegal police searches. If officers lacked a valid warrant or probable cause to search your vehicle, home or person, any evidence they found may be suppressed and deemed inadmissible in court.
  • Police misconduct: You can build your defense on the grounds of procedural errors that the police committed. These include "planting" evidence, failing to read Miranda rights or using excessive force and coercion to obtain a confession.
By identifying these flaws in the police report or the prosecution's narrative, you may have a chance to shift the momentum of the case to your favor.

Developing a strong defense against drug charges

If you are facing a drug possession charge, you need an informed defense strategy. When you understand the constitutional protections available to you, you may identify the specific details of your arrest that you can use to challenge the prosecution’s narrative.]]> On Behalf of LBD Law, PLLC <![CDATA[3 mistakes to avoid during the Texas divorce process]]> https://www.bracamontelawfirm.com/?p=49505 2026-04-29T12:50:52Z 2026-04-27T11:25:14Z Hiding assets or income It might be tempting to conceal money or property to protect your financial interests, but this approach could backfire. Texas law requires you and your spouse to exchange initial disclosures within 30 days after the first answer or general appearance is filed, unless you agree in writing to skip this step. If you are caught hiding assets, you could face serious consequences. For example, the judge may award your spouse a larger share of your marital estate to make up for the missing assets. Consider being transparent about your finances, even if it feels uncomfortable.

“Venting” on social media

Posting details about your divorce or complaining about your spouse on social media may damage your case. What you share online could become evidence in court. Your spouse's attorney might use your posts to challenge your honesty, dispute your financial statements or question your parenting abilities. Think about reducing your social media use during the divorce process. If you choose to make a post, keep your content neutral and steer clear of topics related to your divorce, your finances or your spouse.

Using your children as messengers or leverage

If you and your spouse are struggling to communicate directly, you might have considered using your children to pass messages back and forth. However, this strategy could hurt your children emotionally and weaken your position in court. Texas courts generally prioritize the best interests of children, and judges tend to look unfavorably on parents who put their kids in the middle of adult conflicts. Instead, consider keeping your children out of disputes. If you must communicate with your spouse, it may be best to contact them through appropriate channels.

Your next steps

Avoiding these common mistakes could help you navigate your divorce with fewer complications. By being aware of potential pitfalls in the divorce process, you may put yourself in a better position to protect your interests and start a new chapter in your life.]]> On Behalf of LBD Law, PLLC <![CDATA[How social media posts can impact your divorce or custody case]]> https://www.bracamontelawfirm.com/?p=49502 2026-04-22T10:40:05Z 2026-04-22T10:40:05Z How posts influence your case Posts that suggest excessive spending may conflict with your claims of financial need in property or support matters. These may include photos of a recent vacation or a large purchase. Content that shows poor judgment or hostile remarks about a co-parent may raise concerns in custody disputes, where courts focus on the child’s best interests. For instance, the judge may see repeated negative posts about the other parent as an unwillingness to support a healthy co-parenting relationship. Evidence of new relationships, especially if children are involved early, may raise questions about the stability of new partners and the timing of introductions.

Other digital evidence courts may review

Your digital footprint is not limited to social media. Courts can also review emails, text messages, direct messages, location data and other online records and use them as evidence, depending on the circumstances. Even deleted content may still be used if it has been preserved through screenshots or other records, such as server logs or platform data archives. Judges can also obtain information shared online through formal discovery tools, including requests for production.

Protecting your case

You have some control over your online presence during a family law matter. Some individuals choose to review their privacy settings and limit what they share while a case is ongoing. Avoiding posts about the case, the other party, your children or your finances may reduce the risk of misunderstandings or negative interpretations. If concerning content already exists, it may be important to address it carefully. Removing or altering posts after a dispute arises can create additional issues, including accusations of destruction of evidence, if the information is relevant to the case. Maintaining a careful and consistent online presence can help limit the information available for use in court. Speaking with a legal professional can help you better understand how digital evidence may apply to your situation and what factors could affect your case.]]> On Behalf of LBD Law, PLLC <![CDATA[Mistake of fact: How it can be a defense against fraud charges]]> https://www.bracamontelawfirm.com/?p=49490 2026-03-16T16:10:44Z 2026-03-16T16:08:47Z The reasonableness standard Texas law requires that a mistake must be reasonable to serve as a valid defense. The court examines whether an average person in the same situation would have formed the same false belief. If the defendant’s logic appears irrational, the court will likely reject the defense.

Negating criminal culpability

In addition, the defense must show the mistake directly cancelled out the "guilty mind" required for a conviction. In a case of credit card abuse, a person might use a corporate card for a personal meal because they truly believed their contract allowed it. Because the defendant lacked the intent to steal, the legal requirements for a conviction may not be fully satisfied.

The burden of proof

Once the defense team provides even a small amount of evidence regarding a factual error, the legal landscape changes. The prosecutor must then prove beyond a reasonable doubt that the defendant did not actually make that mistake.

Distinguishing fact from law

Meanwhile, it is essential to differentiate a mistake of fact from a mistake of law. A mistake of fact involves a misunderstanding of reality, such as believing a signed contract gave the defendant ownership of a car. On the other hand, a mistake of law involves a misunderstanding of the rules or an ignorance of the law, which is generally no defense unless one relied on a written official statement from a court or agency.

Fighting for one's rights throughout the legal process

The legal system recognizes that human perception is imperfect. However, seeking to protect oneself from the consequences of factual errors in a criminal defense can be complex. With legal counsel, a defendant may receive guidance for fighting for their rights throughout the process.]]> On Behalf of LBD Law, PLLC <![CDATA[Eligibility for alimony and determining payment amounts in Texas]]> https://www.bracamontelawfirm.com/?p=49485 2026-02-27T10:55:51Z 2026-02-27T10:52:12Z Spousal maintenance, sometimes called alimony, is financial help one spouse may receive after a divorce. In Texas, judges do not automatically award this type of support. They first look at whether a person can cover their basic living costs using their own income or property.

What are spousal maintenance and contractual alimony?

Texas law allows two main options for post-divorce support. The first is court-ordered maintenance, which follows strict rules under the Texas Family Code. A judge can only order this type of support when certain legal conditions are met. The decision usually depends on one spouse’s financial need and whether the other can help provide support. The second option is contractual alimony. This support comes from an agreement between spouses, often reached during a divorce settlement. Since it is governed by contract law rather than the Family Code, it gives both parties more flexibility and is not limited by the same eligibility or payment restrictions.

Who may qualify for court-ordered maintenance?

To qualify for court-ordered maintenance, a person must first show that their property or income does not cover basic living expenses. They must also meet at least one of the following conditions. The spouse requests support after a marriage of 10+ years and cannot earn enough to meet basic living costs. The other spouse committed family violence within two years of the divorce filing or during the case. The requesting spouse has a physical or mental condition that prevents them from supporting themselves. Or the spouse is the main caregiver for a child with a significant disability that makes it hard to maintain steady work. Meeting one of these conditions may open the door to maintenance, though the court still looks at whether the financial need is genuine.

How do judges decide the amount and duration?

Once the court finds a spouse eligible, the judge looks at several things before setting payments. Texas law limits spousal maintenance to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly income. Judges also consider each spouse’s work history, job skills, education and the efforts one may have made to support the other’s career during the marriage. The court’s goal is to give help for only as long as needed. In most cases, that means support lasts just long enough for the receiving spouse to gain financial independence, unless a permanent disability makes self-support impossible.

Building toward stability

Spousal maintenance in Texas is meant to serve as a short-term bridge, offering support while helping a person work toward financial stability. Because every situation is different, outcomes can vary based on income, expenses and proof of need. Having clear records and a realistic understanding of finances can help present a stronger case.]]> On Behalf of LBD Law, PLLC <![CDATA[Will I be forced to pay child support even if I lose my job?]]> https://www.bracamontelawfirm.com/?p=49482 2026-02-13T16:33:09Z 2026-02-20T06:00:36Z Your support obligation does not stop If you stop making payments or pay less than the ordered amount, you will accumulate arrears or debt. These unpaid amounts can grow quickly and lead to enforcement actions. Under Texas law, a court may adjust your payments if your circumstances have materially and substantially changed since the original order, or if the order is at least three years old and differs from current state guidelines by either 20% or $100. A significant income reduction or job loss often qualifies as a material change. However, the court will not automatically be aware of your predicament or make adjustments without proactive legal action on your part.

Your responsibility to seek modification

When you file for a modification of the child support agreement, you will typically need to provide documentation, such as:
  • Termination letters or layoff notices from your employer
  • Proof of unemployment benefits or severance payments
  • Evidence of your active job search efforts
  • A summary of your current monthly expenses
You can request a review of your child support order through the Texas Office of the Attorney General or file a petition for modification directly with the court.

Proving reasonable efforts to find work

If a judge suspects you are intentionally avoiding work or are voluntarily underemployed, the court might calculate your support based on your earning potential rather than your actual income. The court may also order you to participate in employment assistance programs or job training.

Your options while waiting for court approval

The modification process takes time, and you might feel uncertain about what to do in the meantime. One option would be to continue making payments to the best of your ability. Partial payments reduce your total debt and can help support a defense against contempt of court charges, although you will still owe the full unpaid balance plus 6% annual interest. Communicating honestly with your former spouse can also be a good idea. While informal agreements cannot replace a court order, maintaining a cooperative relationship may reduce conflict during this difficult time.  ]]>