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1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: Can I pursue charges of bigamy? I believe my ex has been stalling our divorce to avoid child support of our 2 kids.

After fighting for jurisdiction of our divorce, and the courts closing down last year for coronavirus, my ex has has been uncooperative with my attorney in order to get our divorce before a judge and finalized. We’re currently headed to mediation. However, I just found out that he “remarried... Read more »

Omar Darwich
Omar Darwich answered on Sep 21, 2021

You should contact an attorney but generally speaking bigamy is actually a criminal offense under Texas law, although a defendant can escape conviction if they reasonably believed they were not already married when they entered their second marriage.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however

1 Answer | Asked in Family Law for Texas on
Q: In a family law case do the lawyers have to tell each other who they subpoenaed before the court date ?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

When a lawyer files a subpoena with the court, opposing counsel will be alerted.

Trial by ambush is long gone!

1 Answer | Asked in Criminal Law and Family Law for Texas on
Q: I recently discovered my divorce decree contains fraudulent, manipulated calculations. Who should I seek help from?
Omar Darwich
Omar Darwich answered on Sep 21, 2021

you should contact an attorney asap.

find a family law attorney

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

MD would not release me for f/t work. Am RN.

Neuropsychiatrist eval established disability.

58 yo white female.

Offered PART-TIME transcription work (16 hr/wk).

Would be <1260/month.

Can't lose SSDI. Would this jeopardize it?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 21, 2021

Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: How much bond for failure to appear in court for the second time in Texas for a DUI

The original DWI bond was 1000. Failure to appear in court the second time was 5000. What approximately would

it be to bond out for failure to appear the second time? I'm the only one that can bond myself out (I'm too high

risk for the bail bondsman) so I am bringing... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 20, 2021

This is very simple. Hire a lawyer immediately and have him or her take you to court to arrange the new bond. The actual amount of your new bond depends on many things that only a good local criminal lawyer can successfully communicate to your prosecutor and your judge. Don't try to do this... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can a victim talk to the person that's out on bond ?

My lady bonded out she said she couldn't talk to me im. The victim? Want to no

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Sep 20, 2021

If you really want an answer to a legal question, I think you should explain you situation more clearly. (And in the interest of clarity, I suggest you not refer to this woman as "my lady" or you might find the Sheriff of Nottingham coming into Sherwood Forest to get you, too!)... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

1 Answer | Asked in Bankruptcy, Landlord - Tenant and Collections for Texas on
Q: Can I take action against Texas Rent Relief for abuse?

My application (which I submitted in March) was neglected, handled improperly, and went against protocol for the review process. It is still in review today. As a result I was forced to either face eviction or not renew my lease at my appartment. When I contacted the program, they specifically... Read more »

Timothy Denison
Timothy Denison answered on Sep 20, 2021

Doubtful. The state has sovereign immunity.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on
Q: I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental paymen

I was listed as a co-signer on a rental lease in Texas for my daughter, and now she is being sued for back rental payments in excess of $45,000. I was never aware that I was a co-signer and thought I was just listed on the lease as being an occupant since I only stayed there a few weeks a month to... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

Hi:

I am a parent also.

So if you never signed anything at all, then you can probably get out of this mess. If you did sign, you need to defend yourself if the lawsuit has been filed. If you get served with sue-papers, do not ignore them. Get to a lawyer, and defend yourself....
Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Texas on
Q: How do I know if I’m being watched federally
John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

No one can know everything.

If you think you are a TARGET of an investigation with a federal agency, you can hire an attorney to make a formal request, as to whether or not you are a target of an investigation, or Grand Jury target. However, that will not assure you that you are not...
Read more »

1 Answer | Asked in Family Law, Contracts and Real Estate Law for Texas on
Q: Will we need legal help?

The owner of the house we just signed a lease/paid deposit for was working with a property management company but has fired them for his own reasons. They still have the property listed for rent, the lockbox hasn't been removed, and we want to make sure we're covered. We have a lease... Read more »

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

If you have a lease signed by the home owner, you are in good shape. On the first day of the lease, you need to be there and occupy the house. That will solidify your tenancy. I would talk to the owner to confirm your move-in date. The fact that you paid the deposit puts you in good shape legally.... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr. answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
Read more »

1 Answer | Asked in Divorce for Texas on
Q: My wife admits to adultery, but says we have nothing to share after 22 marriages.

My wife admits to adultery, but says we have nothing to share after 22 marriages. I asked my lawyer to answer my questions. But he didn't. Now my lawyer writes in the decree that the petitioner (I) is adulterous. Forcing me to sign if I don't sign no longer represents me. I was... Read more »

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

You immediately fire that attorney who does not fairly and ethically represents your legal interests. In fact, it appears that that licensed professional courses you improperly to sign a fraudulent document admitting to adultery that will have a legal effect on your family law process.

2 Answers | Asked in Immigration Law for Texas on
Q: Applying for citizenship for green card holders?

Hello, my wife and I got our white cards approved on Nov 2nd of 2016 and we got our green cards in December of 2018. When can we start the process of applying for citizenship?

Does legal permanent resident timeline start with green card or white card?

Alexander Ivakhnenko
Alexander Ivakhnenko answered on Sep 16, 2021

If you were paroled into the United States as refugees or asylums and received your LPR status in December of 2018 then you may file for naturalization in exactly four years and one day in December of 2022, provided you qualify otherwise.

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1 Answer | Asked in Products Liability for Texas on
Q: In June 2020 my F250 quit running. The dealership said bad fuel. Repair cost was $ 10,793.00 was this a bad fuel pump.

I have fuel receipts, dealership repair statements, fuel samples.

Peter N. Munsing
Peter N. Munsing answered on Sep 16, 2021

Before someone pays the law says you have to be able to show 1) it was their cause and 2) they were careless. With fuel, the issue tends to be that some engines don't like ethanol, or if you are using diesel, some newer engines have issues with low sulphur.

The problem is you need...
Read more »

1 Answer | Asked in Real Estate Law for Texas on
Q: Real estate

I sold a piece of property in 2009 in Texas. The person never filed the deed and indicated that he lost the deed. He has not take the property. I have been paying the taxes on the property since 2009. It’s still in my name at the court house. What can I do?

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Hire a competent TX attorney to file a Quiet Title Action. Your payment of taxes will really help you. This would be a classic "Bill Quia Timet", because you fear a claim. An adjudication should place title in you only and prevent the would be purchaser from ever claiming title. Or... Read more »

1 Answer | Asked in Family Law for Texas on
Q: I need advice on drawing up legal documentation fir a family matter.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Because of the importance of this task, your best course of action is to retain an attorney.

1 Answer | Asked in Family Law for Texas on
Q: Do they recognize common law marriage in Houston Texas?
Omar Darwich
Omar Darwich answered on Sep 15, 2021

Texas, as a state, recognizes common law marriage.

There are elements you need to be aware of in order to have a valid common law marriage however.

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