From landlord-tenant disputes to business formation, Tyr finds the actual law and explains it in language humans can understand.
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Texas Family Law
★ MOST POPULAR · DEEP TEXAS EXPERTISE
Divorce, child custody (conservatorship), child support calculations, community property division, protective orders, adoption, paternity, spousal maintenance, modification of orders — Tyr knows the Texas Family Code inside and out.
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How is child support calculated in Texas?
In Texas, child support follows statutory guidelines based on the obligor's "net resources" — not gross income. The percentages are: 1 child = 20%, 2 children = 25%, 3 children = 30%, 4 children = 35%, 5+ children = 40% of the first $9,200/month in net resources (2024 cap, adjusted annually). Net resources include wages, salary, commissions, overtime, tips, bonuses, self-employment income, interest, dividends, rental income, and Social Security. Deductions include federal income tax, state income tax, Social Security, Medicare, health insurance for the child, and union dues. The court can deviate from guidelines if it finds doing so is in the best interest of the child — considering the child's age, needs, ability of parents to contribute, custody arrangement, travel costs, and medical/educational expenses.
📎 TX Family Code § 154.125 (Guidelines), § 154.062 (Net Resources), § 154.123 (Net Resource Cap)
Can my ex relocate with my child out of state?
If the court order includes a geographic restriction on the child's primary residence (most Texas custody orders do), the custodial parent cannot move the child outside the designated area without either: (1) written agreement from the other parent, or (2) a court order modifying the geographic restriction. To get the restriction lifted, the relocating parent must file a Petition to Modify and prove the move serves the "best interest of the child" under TX Family Code § 156.101. The court considers: reason for the move, the child's relationship with both parents, quality of life improvement, whether the other parent is exercising their possession schedule, the child's preference (if 12+), and impact on the noncustodial parent's access. Moving without permission can result in contempt of court, fines, and even a change of custody.
📎 TX Family Code § 156.101 (Modification), § 153.001 (Best Interest Standard), § 105.006 (Geographic Restriction)
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ℹ️ General information only · Not legal advice · Consult an attorney for your specific situation
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Landlord-Tenant Law
Eviction rules, security deposits, lease terms, habitability requirements, rent increase limits — the actual statutes, not blog opinions.
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How long does my landlord have to return my security deposit in Texas?
Your landlord has 30 days after you surrender the premises to refund the deposit or provide an itemized written description of all deductions. If they fail to do so, they may forfeit their right to withhold any part of the deposit and may be liable for $100 plus 3x the amount wrongfully withheld, plus attorney's fees. You must provide a forwarding address in writing — if you don't, the landlord's duty to return the deposit doesn't begin.
📎 TX Property Code § 92.103 (Obligation to Refund), § 92.109 (Landlord's Liability)
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ℹ️ General information only · Not legal advice
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Business & Corporate
LLC formation, operating agreements, contractor vs employee, non-competes, business licenses, permits, and compliance requirements.
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Do I need an operating agreement for my Texas LLC?
Texas does not require an operating agreement to form an LLC, but operating without one is extremely risky. Without it, your LLC is governed by default rules in the Texas Business Organizations Code — which may not match your intentions. An operating agreement defines ownership percentages, profit distribution, management authority, voting rights, and what happens when a member leaves or dies. Without one, disputes default to state law, and a court may find your LLC lacks the formalities needed to protect your personal liability shield.
📎 TX Business Organizations Code § 101.001 et seq., § 101.052 (Company Agreement)
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ℹ️ General information only · Not legal advice
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Real Estate
Property transfers, title issues, easements, zoning laws, disclosure requirements, HOA rules, boundary disputes — statute by statute.
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What disclosures must a home seller make in Texas?
Texas sellers must provide a Seller's Disclosure Notice covering: structural defects, water damage, termite issues, plumbing/electrical problems, roof condition, flooding history, presence of lead paint (pre-1978), asbestos, radon, mold, and proximity to military bases or noise zones. Sellers must disclose known material defects — failure to disclose can result in the buyer rescinding the sale or suing for damages under the Texas DTPA. Exemptions exist for foreclosures, estate sales, and new construction.
📎 TX Property Code § 5.008 (Seller's Disclosure), § 5.009 (Exemptions)
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ℹ️ General information only · Not legal advice
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Employment Law
Wrongful termination, discrimination, wage theft, overtime rules, FMLA, at-will employment, non-disclosure agreements, severance.
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Is Texas really an "at-will" employment state?
Yes. Texas follows the employment-at-will doctrine, meaning either the employer or employee can terminate the relationship at any time, for any reason, with or without notice — UNLESS the termination violates: (1) federal anti-discrimination laws (Title VII, ADA, ADEA), (2) FMLA retaliation protections, (3) whistleblower protections (TX Gov't Code § 554), (4) an explicit employment contract, or (5) workers' compensation retaliation (TX Labor Code § 451.001). "At-will" does NOT mean "anything goes."
📎 TX Labor Code § 451.001 (Workers' Comp Retaliation), TX Gov't Code § 554.002 (Whistleblower)
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ℹ️ General information only · Not legal advice
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Traffic & Criminal
DUI/DWI laws, traffic violations, misdemeanor vs felony, expungement eligibility, self-defense laws, statute of limitations.
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What happens on a first-offense DWI in Texas?
A first-offense DWI in Texas is a Class B misdemeanor: 72 hours to 180 days in jail, fines up to $2,000, driver's license suspension of 90 days to 1 year, and an annual surcharge of $1,000-$2,000 for 3 years. If BAC is .15+, it's elevated to a Class A misdemeanor (up to 1 year jail, $4,000 fine). You have only 15 days to request an ALR hearing or your license is automatically suspended. Many first-time offenders qualify for probation (community supervision), which may include ignition interlock, community service, alcohol education, and DWI Court.
📎 TX Penal Code § 49.04 (DWI), § 49.09 (Enhanced Offenses), TX Transp. Code § 524.011 (ALR)
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ℹ️ General information only · Not legal advice
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Contracts & Agreements
What makes a contract enforceable, breach of contract remedies, service agreements, independent contractor agreements, cancellation rights.
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Can I get out of a contract I just signed?
In Texas, there is generally no "cooling off" period for most contracts — once signed, you're bound. However, exceptions exist: door-to-door sales (3 business days to cancel under FTC Rule), gym memberships (3 days under TX Health & Safety Code § 702.052), timeshares (6 days under TX Property Code § 221.041), and home solicitation transactions over $25 (TX Bus. & Com. Code § 601). You may also void a contract for: fraud, duress, mutual mistake, incapacity, or unconscionability. For everything else — read before you sign.
📎 TX Bus. & Com. Code § 601.052, TX Property Code § 221.041, FTC 16 CFR § 429
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ℹ️ General information only · Not legal advice
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Personal Injury
Statute of limitations, negligence standards, comparative fault, damages calculations, insurance claim procedures — state by state.
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How long do I have to file a personal injury lawsuit in Texas?
The statute of limitations for most personal injury claims in Texas is 2 years from the date of the injury. Miss the deadline and the court will almost certainly dismiss your case. Exceptions: medical malpractice has specific pre-suit notice requirements (75 days), claims against government entities require notice within 6 months (TX Civil Practice § 101.101), and the discovery rule may toll the deadline if the injury wasn't immediately apparent. Minors have until their 20th birthday (2 years after turning 18).
📎 TX Civil Practice & Remedies Code § 16.003 (2-Year SOL), § 101.101 (Government Notice)
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ℹ️ General information only · Not legal advice
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Consumer Rights
Debt collection rules (FDCPA), credit reporting disputes, warranty laws, lemon laws, fraud protection, refund policies.
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Can a debt collector call me at work in Texas?
Under the federal FDCPA, a debt collector cannot contact you at work if they know (or should know) your employer prohibits such calls. Tell them once — in writing — and they must stop. Texas also has the Texas Debt Collection Act which goes further: collectors cannot use threats, obscene language, or false/misleading representations. They cannot call before 8am or after 9pm, and they must stop calling if you send a written cease-and-desist. Violations can result in statutory damages, actual damages, and attorney's fees.
📎 15 U.S.C. § 1692c (FDCPA Communication), TX Finance Code § 392.001 et seq. (TX Debt Collection Act)
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ℹ️ General information only · Not legal advice
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Wills & Estate
Will requirements, probate process, power of attorney, trusts, beneficiary designations, estate tax thresholds — every state's rules.
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What happens if I die without a will in Texas?
Texas intestacy law determines who inherits. If married with kids from the marriage: spouse gets all community property, 1/3 of separate personal property, and a life estate in 1/3 of separate real property — kids get the rest. If married with kids from a different relationship: the kids get all community property (spouse gets none), plus 2/3 of separate personal property and 2/3 of separate real property. This surprises many people. A simple will can prevent this entirely.
📎 TX Estates Code § 201.001-201.003 (Intestate Succession), § 201.052 (Community Property)
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ℹ️ General information only · Not legal advice
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Immigration
Visa types, green card process, naturalization requirements, DACA, asylum, work permits — federal statutes and USCIS procedures.
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How long does it take to get a green card through marriage?
If married to a U.S. citizen, spouses are "immediate relatives" with no visa number wait — processing time is typically 10-18 months depending on USCIS backlog. You file Form I-130 (petition) + I-485 (adjustment of status, if already in the U.S.) simultaneously. If your spouse is a lawful permanent resident (not citizen), wait times jump to 2-3+ years due to visa number availability. A conditional green card (2 years) is issued if married less than 2 years at approval — you must jointly file I-751 to remove conditions before it expires.
📎 8 U.S.C. § 1151(b) (Immediate Relatives), 8 U.S.C. § 1186a (Conditional Residence)
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ℹ️ General information only · Not legal advice
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Privacy & Data
GDPR, CCPA, data breach notification laws, surveillance laws, recording consent, social media privacy rights.
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Can I record a phone call without telling the other person in Texas?
Texas is a one-party consent state — you can legally record a phone call or in-person conversation as long as you are a party to the conversation. You do NOT need the other person's permission. However, you cannot record a conversation you are not part of (that's wiretapping — a felony). Federal law (18 U.S.C. § 2511) also allows one-party consent. Be careful if the other party is in a two-party consent state (California, Florida, Illinois, etc.) — their state's stricter law may apply.
📎 TX Penal Code § 16.02 (Unlawful Interception), TX Civ. Practice § 123.001, 18 U.S.C. § 2511
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ℹ️ General information only · Not legal advice