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Questions Answered by Gary D. Peak
1 Answer | Asked in Child Support for Texas on
Q: When does child support stop?

The child turned 18 in April 2019, and will not be able to graduate as expected from high school in May due to failing grades. The child is not disabled. The divorce decree states age 18 or graduation from high school, whichever is later.

He has no job, and I do not know if he intends to... Read more »

Gary D. Peak
Gary D. Peak answered on May 9, 2019

It depends on whether he stays in school for summer school trying to graduate, or comes back in the fall to asses to graduate. I would meet with the school counselor who deals with issues like this trying to get kids to graduate and find out if there is a plan and if so what. Ask how they handle... Read more »

1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Antitrust for Texas on
Q: Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s

Save some money. When I went to pick up my vehicle all the repairs were done very bad. Very bad.

Then when I got the final invoice the paint shop has changed all the numbers around to make the final bill to equal the original estimate.

Which they had already sent a supplement to... Read more »

Gary D. Peak
Gary D. Peak answered on May 9, 2019

The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Texas on
Q: What can be done if wife's ex is taking youngest of 3 girls to therapist w/o consent?

Decree states that both conservators have; the right, subject to the agreement of the other parent conservator, to consent to psychiatric and psychological treatment of the children. Ex husband took child to therapist w/o wife's knowledge or consent. Therapist office did not know my wife was... Read more »

Gary D. Peak
Gary D. Peak answered on May 9, 2019

To properly answer this question an attorney would need to read your decree to see exactly what rights each party has regarding getting mental health treatment for the child. If it solely grants that to you, you may have to file a Motion for Contempt or to Enforce with the Court to try and get the... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I paid $2000.00 for my Divorce I was suppose to be getting 70% of assets and him 30% and he’s to liquidate the business

He was to pay everything until divorce was final, and has not done what was ordered by the judge. What can I do about it

Gary D. Peak
Gary D. Peak answered on May 9, 2019

Sadly $2000 is a bargain for a divorce. If your Ex has not complied with the Decree you will need to file a Motion to Enforce. You will likely have to pay the attorney more money to pay for that, but they can ask in the Motion for the Ex to have to reimburse you for your legal fees.

5 Answers | Asked in Criminal Law for Texas on
Q: can I get a non disclosure agreement?

I have a class A misdemeanor assault causing bodily injury from 2015. The victim is now in prison for assault with a deadly weapon. Which no one believed happened to me at the time due to lack of evidence that I was attacked. I did defend myself that’s why I pled guilty to assault. The victim was... Read more »

Gary D. Peak
Gary D. Peak answered on May 9, 2019

I apparently don't read your question as the other two attorney's do. It sounds like you were charged with felony assault, pled guilty and were "convicted" of a misdemeanor assault. If that is correct, you cannot do anything to remove the conviction, other than possibly getting a sworn statement... Read more »

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2 Answers | Asked in Divorce and Family Law for Texas on
Q: Can I file for a divorce while still living with my husband?

My husband and I live together and I'm afraid of filing for a divorce without the protection order in place. I filed a protection order over a month ago. What are my options?

Gary D. Peak
Gary D. Peak answered on May 9, 2019

If you filed for a protective order over a month ago, either the Judge should have granted or denied it by now.

I suggest, getting an attorney of course, and filing for divorce, and temporary restraining order which could give you sole possession of the house until a hearing within 14...
Read more »

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Can I legally move with my children? I’m custodial parent.

Children’s father is $13 grand behind on child support..just will not work.He hasn’t held the medical insurance in more than a year. Have taken him to court because he refused to go by 50/50 custody and moved outta state. Took him back at my expense $1000..&refused to agree to standard unless... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

Sounds like you need a good attorney to take him back to court and have him help in contempt and maybe get him to agree to modify some of the terms to allow you to relocate in exchange for not asking the court to throw him in jail, or suspend his driver's license if meet the requirements for that.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Is it contempt if non custodial parent is called for school meeting and tells to not call custodial parent?

Mom (non custodial parent) was called by the school for a meeting with the counselor about an issue that arose at school (is school in contempt for this?). Mom tells school to not call me, custodial parent, for this meeting. School has meeting with non custodial parent only (is this contempt?).... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

It isn't contempt, but if I wear you I would be very unhappy. Have you scheduled an appointment with the school principal yet to meet with them and go over the custody papers where I assume it says you have custody and the right to make educational decisions for the child? If not, that would be... Read more »

2 Answers | Asked in Criminal Law and Banking for Texas on
Q: How much time will I be making in jail for forgery financial instrument? My bond is 30,000 but I have no money to pay.
Gary D. Peak
Gary D. Peak answered on May 8, 2019

It depends on whether you are guilty or innocent. Whether you want to take a plea or go to trial. And whether you have a good attorney. It also depends on what kind of criminal history you have, if any. If you can't afford an attorney then you can request a court appointed. But, if I were you... Read more »

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2 Answers | Asked in Domestic Violence for Texas on
Q: can victim of assault w injury family violence help dismiss the case of defandnt? (class A misdemeanor in TX)

if the prosecuters decides to not dismiss the case, and for example, sentences the defendant to 1 yr in jail, can the victim appeal so that the case is dismissed? What is the process like? This is Texas. (Does if matter what county? )

Thank you

Gary D. Peak
Gary D. Peak answered on May 8, 2019

If the person has already been convicted, and sentenced to jail, it wouldn't be you who would appeal, but the person in jail. About the only basis would likely be you provide his attorney a sworn statement saying it did not happen, thus giving him the argument of actual innocence.

If they...
Read more »

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1 Answer | Asked in Traffic Tickets for Texas on
Q: Do traffic citations have to be hand-delivered?

My daughter was involved in a traffic incident in Montgomery County. She was not issued a citation at the time of the incident. Later that evening she began receiving calls from the constable asking to meet with her in person so he could issue the citation in person. She said she'd speak with... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

If I were the attorney I would have called the Constable and inquired directly what the problem was and told him if a ticket was being issued he can fax it to me, and we will get a not guilty plea filed for her.

1 Answer | Asked in Insurance Defense and Traffic Tickets for Texas on
Q: Can I have an attorney write a letter to a judge for me to have a ticket from 2014 for no insurance and fta dismissed?

My license expired in February and upon trying to renew it this old ticket showed up from April 2014. I have no insurance now because I have no vehicle. I moved from San Marcos in 2015 to Spring Tx.

Gary D. Peak
Gary D. Peak answered on May 8, 2019

Yes you can, and what we usually do under facts like this is try to get the Judge to allow you to pay the Fail to Appear and dismiss the no insurance. The FTA is not a moving violation and it keeps you from getting a suspension for no insurance and surcharges.

1 Answer | Asked in Traffic Tickets for Texas on
Q: What are my options for allegedly speeding in school zone with no posted visual 20 mph speed limit school zone signs?

I went back the next day to video my exact route. To show that there are no visually posted signs with in the area the officer claimed I was speeding. Which is roughly about a 1 mile distance between the streets.

Gary D. Peak
Gary D. Peak answered on May 8, 2019

Hire an attorney in your area who specializes in traffic tickets. Take them your video.

1 Answer | Asked in Traffic Tickets for Texas on
Q: Traffic stop

Quick question i was stop by police this morning. He got to the window and ask me for my driver's license and registration, didn't gave me the motive why he stop me , i ask him politely what was the motive he stop me and he refused to tell me until i gave him what he ask i kept saying that for... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

You were not arrested and did not give false information so this shouldn't apply. But, officer's often threaten to arrest for failure to identify. Whether a crime or not, right or wrong, you should give your id if you want to make 100% sure the cop doesn't decide to arrest, your car gets towed,... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: What do I do now? Can't afford an attorney.

2 dui's, Nov06 & Mar 07. No priors & nothing violations since. Satop and fines I have done. I don't have a car or means to get a car right now. I moved from Missouri where the case was originally and now in Texas. Texas says I have to do whatever Missouri says I have to do. But one of the problems... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

If your MO case is still open and no conviction you might be able to file for an Occupation license here in Texas. You will need an attorney IMO, to review all the facts of your situation and insure they believe they can get you one.

1 Answer | Asked in Divorce for Texas on
Q: If I was gifted land, but for financial reasons had property put in both names, does that make it community property?
Gary D. Peak
Gary D. Peak answered on May 8, 2019

If property is gifted, it becomes separate property. So, property gifted to you is your separate property, but by putting it in both your names you could be considered to have gifted half interest to the other person.

1 Answer | Asked in Criminal Law for Texas on
Q: I have a administrative hearing at my probation office, for being behind on payments? I am only a month behind.

I do contract work so it's not always steady. Sometimes hard to get work , especial locally. But I have just started a new position, and I am looking to pay what I owe off, as well as the remaining fees. Before my administrative hearing. I have all the classes done and as well as the other... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

It is strange they would call you in for a special meeting only one month behind, but oh well. Are you sure you haven't failed a drug test? That would be more common.

The good news is, it isn't before the Judge. So, I would expect them to point out the problem and give you a come to...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can I fight a school district zero tolerance policy if I feel the punishment will negatively affect my child's education

Child was found with waxpen in her possesion. Waxpen is now being sent to lab as we await the results of the substance. Once they get back, depending on what the substance is, she could be expelled and sent to an Alternative Learning Center for a semster. She already had to go there while on... Read more »

Gary D. Peak
Gary D. Peak answered on May 8, 2019

Zero tolerance is ALWAYS a bad, small minded, lazy policy. There are attorneys who specialize in education/school law. Google for such attorney and contact them directly.

1 Answer | Asked in Personal Injury, Landlord - Tenant and Small Claims for Texas on
Q: possible to sue for const. eviction n Tx. justice court then later sue in county for assault

I had an eviction that was ruled in favor for my landlord. Even though it was in retalitory, 3 days later after she was served papers, of me filing a repair & remedy case. I appealed, before appeal hearing was set land lord stabbed me with a garden shovel aseveral times in the ribs, then went into... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

If she has been charged with assaulting you, yes you can file suit against her in civil court. Because it was an intentional act, her insurance would likely deny coverage, so she would need to have non-exempt assets to go after to collect a judgment. Was the rental you were evicted from her home,... Read more »

2 Answers | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for Texas on
Q: Why is it that lawyers get such a high percentage of people's settlement I mean don't get me wrong they deserve some but

But they are not the ones that are in pain and I have a law firm that is very rude to me when I call to cheek on the status of my case and no I call maybe every other month and I have never seen or talked to a lawyer only a case manager I feel like they are not handling my case propperly I have... Read more »

Gary D. Peak
Gary D. Peak answered on May 6, 2019

Schedule an in person appointment and go visit with your attorney. Write out the questions you want to ask them so you don't forget any.

One to ask is when is the case going to mediation and why haven't we mediated already? Most cases settle at mediation.

Now, that said, personal...
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