Questions Answered by Shawn H. Smith

1 Answer | Asked in Divorce Law for Texas on Jul 21, 2013

Shawn H. Smith's answer
Probably not, unless it was specifically stated in the order. It also depends on what you are considering to be your separate property at this point. It would be a good Idea to consult your attorney about this, since you may be confused. If you ...
 
 

1 Answer | Asked in Divorce Law for Texas on Jul 23, 2013

Shawn H. Smith's answer
Your divorce will be final when the decree is signed by the two of you and a judge. If that is what happened on 3/2/12, then you have been divorced for a while now. If she has not done one of the terms of the Decree, then you can file a motion to enforce ...
 
 

1 Answer | Asked in Family Law for Texas on Jun 24, 2013

Shawn H. Smith's answer
In order to get rights to your children, you will need to file a suit affecting the parent child relationship asking for custody. Contact a couple of family law attorneys in your area to find out what you need to do specifically in your case. Good luck.
 
 

1 Answer | Asked in Family Law for Texas on Jun 10, 2013

Shawn H. Smith's answer
There is usually a clause in the divorce decree that terminates child support payments upon remarriage of the parents. You will need to inform the attorney general of the change in circumstances to get them to stop any wage withholding etc.
 
 

1 Answer | Asked in Criminal Law for Texas on Jun 19, 2013

Shawn H. Smith's answer
In Texas the statute of limitations is 10 years from the 18th birthday of the minor. Alternately, if there is DNA evidence there is no statute of limitations.
 
 

1 Answer | Asked in Divorce Law for Texas on Jun 9, 2013

Shawn H. Smith's answer
You may have to file for a modification if the support was based on your higher salary. Call some attorneys in your area for a consultation to get an idea of what this process looks like. It is not automatic, you will need to take action to make sure it is ...
 
 

1 Answer | Asked in Divorce Law for Texas on Jun 14, 2013

Shawn H. Smith's answer
You should contact some local attorneys right away. If you are concerned for your safety, call the police. There are several ways that you can protect yourself during the divorce process, including filing for a protective order. Most attorneys will offer ...
 
 

1 Answer | Asked in Criminal Law for Texas on Jun 13, 2013

Shawn H. Smith's answer
Must be done through the DA. A private party can make a complaint to the police or the DA, but it is up to the state as to whether they will pick the charges up or not.
 
 

1 Answer | Asked in Divorce Law for Texas on May 20, 2013

Shawn H. Smith's answer
It is difficult to answer that question without more details. Technically you don't, but you are much more likely to get it done properly if you do hire one. At this point, I would recommend calling a few local family law attorneys. Many of us will ...
 
 

1 Answer | Asked in Divorce Law for Texas on May 4, 2013

Shawn H. Smith's answer
Texas is a community property state, so it doesn't necessarily matter whose name the property is in, but rather was the property acquired during the marriage with community funds. Community funds include any salary your husband was paid during the ...
 
 

1 Answer | Asked in Family Law for Texas on May 15, 2013

Shawn H. Smith's answer
This is a pretty vague question, we would need a few details at least to answer fully. If you are talking about a settlement as part of a divorce, then yes. Abuse during the marriage can cause the judge to award you more of the property than they would ...
 
 

1 Answer | Asked in Family Law for Texas on May 15, 2013

Shawn H. Smith's answer
He can file a petition asking for whatever he wants, that doesn't mean that the judge will grant it. Joint custody agreements often contain geographical restrictions, but they usualy refer to the child moving outside of an area, not just leaving ...
 
 

1 Answer | Asked in Criminal Law for Texas on May 14, 2013

Shawn H. Smith's answer
This is a very common situation. Usually, in a domestic dispute, the police will charge him and take him in just to diffuse the situation. What you need to understand is that, at least in Texas, civilians don't actually press charges, the district ...
 
 

1 Answer | Asked in Criminal Law for Texas on May 11, 2013

Shawn H. Smith's answer
In Texas you qualify for an expunction in a few different cases. If you receive deferred adjudication for a class C misdemeanor and complete it successfully, you should qualify. If you were charged with a higher offense, but subsequently had the charge ...
 
 

1 Answer | Asked in Family Law for Texas on May 4, 2013

Shawn H. Smith's answer
If the aggravated assault was not due to the fact that he used a weapon, then they must be alleging that he caused serious bodily injury. This is a second degree felony in Texas, carrying a punishment range of 2 to 20 years in prison, with a possible fine ...
 
 

1 Answer | Asked in Family Law for Texas on May 8, 2013

Shawn H. Smith's answer
The amount of child support will be based on his income. You may want to speak with an attorney about getting an order together to handle both child support and visitation/custody assuming he wants to be in the child's life. It is always best to get ...
 
 

1 Answer | Asked in Criminal Law for Texas on May 2, 2013

Shawn H. Smith's answer
Depends on how much they get caught with. Generally it gets bumped up one level for being on school grounds since that is a "drug free zone". So if they had under 2 ounces, it will be a class A misdemeanor instead of a class B misdemeanor.
 
 

1 Answer | Asked in Criminal Law for Texas on May 8, 2013

Shawn H. Smith's answer
Not sure what profile you are speaking of here, but that doesn't mean that he doesn't practice criminal law, just that he is not advertising it in the particular profile you are looking at. If you are not happy with the representation he has ...
 
 

1 Answer | Asked in Criminal Law for Texas on Apr 24, 2013

Shawn H. Smith's answer
Court appointed lawyers are still bound by the same ethical responsibilities to represent their clients that a lawyer you hire would be. They should do everything in their power to assure that your rights are protected. The downside of having a court ...
 
 

1 Answer | Asked in Family Law for Texas on Apr 17, 2013

Shawn H. Smith's answer
That depends on the Judge. He will still be brought before the court and admonished by the judge to either hire an attorney or accept a court appointed one. Most of the time judges will not allow this to delay things for very long, if at all. If he is ...