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Questions Answered by Amir Tavakkoli
1 Answer | Asked in Divorce for Texas on
Q: i filed for Texas divorce myself and tried to serve my husband through cert. mail

The postal service attempted to serve his paperwork to my address rather than his. I called his post office and they said it must have gotten forwarded because he hadn’t checked his mail in months so she put him on the moved list! I had my mail forwarded to my new address and she said it must... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Usually you have to serve the other person in person through a private process server or constable, unless you get permission from a judge to serve them via certified mail. It doesn’t sound like you do here. So you would need to serve them in person by a process server. If certified mail service... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Texas on
Q: WAITING ON THE DIVORCE TO BE FINALIZED. SHE MOVED OUT OVER A YEAR AGO LEAVIING ME TO PAY THE MORTGAGE.

PAYING THE MORTGAGE ALONE HAS PUT ME IN A BIND FINANCIALLY. THE HOME WILL NOT SELL FOR THE AMOUNT NEEDED TO NOT OWE THE BANK MONEY. WHAT ARE MY OPTIONS?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

Get a lawyer to possibly get a hearing date sooner than play the waiting game, so the court can make some orders regarding the house. It may come down to selling the house at a loss. Or the court may order her to pay half the mortgage until it’s sold.

1 Answer | Asked in Divorce for Texas on
Q: Is there a way to verify income of self employed, He is currently 11K behind on child support for 4 kids.

My ex took me to court 4 years ago and reduced my child support by almost half, because he no longer worked a corporate job but instead became self employed. Fast forward to now... He is currently over 11K behind in child support even at the reduced amount. And trying to have the amount reduced yet... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

OAG is unlikely to do that much work. You should probably get a private attorney. Those records will need to be subpoenaed.

1 Answer | Asked in Divorce for Texas on
Q: If a kid is adopted out,and neither parent has parental rights. Do you still need to add the child in the divorce paper?
Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

It should state the parties had these children born during the marriage, but their parental rights were terminated, and attach a copy of the order terminating parental rights as an exhibit.

1 Answer | Asked in Divorce for Texas on
Q: I got married in Peru, but never got state license, we are not together and not giving me divorce, am I single to marry?

I heard if you never applied for state marriage license then it's only legal there. Nothing is in her name and no children together

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

If you’re married then you’re married, doesn’t matter where you got married. You have to get a divorce first.

1 Answer | Asked in Divorce for Texas on
Q: My husband filed for divorce. I have two documents: Respondent's Original Answer and Waiver of Service (Only).

My husband filed for divorce. I have two documents: Respondent's Original Answer and Waiver of Service (Only). Which one do I need to file? Thank you.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

File the answer if you intent to claim your rights. File a waiver if you don’t oppose anything and are okay with him basically going to court without you and asking for what he wants. Sometimes waivers will allow for that if you aren’t careful. Sometimes a waiver only waives service but you are... Read more »

1 Answer | Asked in Divorce for Texas on
Q: If my middle name was spelled wrong from Antonio instead of Anthony. Is it legal?

From waiver of service to the decree and was signed. Not noticed until later. Supposed to be final in June

Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

It should be amended and corrected to prevent any possible issues.

1 Answer | Asked in Divorce and Immigration Law for Texas on
Q: I would like to know how an uncontested divorce affects a future application for citizenship.
Amir Tavakkoli
Amir Tavakkoli answered on Apr 6, 2021

If you’re the beneficiary of an application filed by your citizen spouse, the length of time you must wait after you get your green card, before you can apply for citizenship can be different. If you’re married to a US citizen you can apply 3 years after getting your green card. If you aren’t... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: Can I file the same documents in separate counties?

I found out that all of the documents were filed in the wrong county by the process server company. I was then told that all of the documentation needs to be reserved to the defendant to then be filed in the correct county. Can I just get the original documents e-filed in correct county?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes but you will need to nonsuit the case you filed in wrong county before the respondent (defendant) files something against you in that case, for example, asking for attorney’s fees for having to deal with a case in a county with no jurisdiction.

1 Answer | Asked in Family Law and Tax Law for Texas on
Q: Filled 2019 jointly w/ ex +claimed her child as dependent, divorced in 2020 Do I have to give her the stimulus check?

What happens if I don't give her the 3rd stimulus check?

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If the check is in her name and you don’t give it to her, you can face criminal charges and civil penalties. Unless your divorce decree awarded you her check, which it doesn’t sound like.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Texas on
Q: My husband is in jail and I can't afford both car payments. Can I take our car to the dealer without his approval?

Both of our names are on the loans/cars. My husband is in jail for sexual abuse of my son and we are not allowed to speak, but I can't afford to pay all bills on my own and need some answers.

If I'm not able to do that until a divorce is finalized (because I will be filing for... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

No bank will refinance without his signature, and no dealer or private seller will buy the casr from you without his signature. Because he is listed on both the car and note.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Enforcement

My child’s father is not allowing me to see my daughter so I will be filing motion to enforce the order. Is he able to order drug & alcohol testing for ME to do at that court date (again, I am the one filing enforcement against him) or would he have to file separately outside of the... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Yes he can file any motion he wants. Whether the judge grants it is a separate story. You should get a lawyer to have the best chance to quash his request for drug testing if he tried.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: What are my legal options, to ensure that our children remain healthy and unexposed to Covid?

I have attempted to work out a visitation arrangement with my ex-husband, who's other daughter who lives with him has tested positive for Covid, and he refuses to work with me. We do have a Standard Possession Order currently in place, but Mutual Agreement is also an option. I have asked that... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

To file for a modification and ask for emergency temporary orders.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my mother take me to court, I’m 19 years and live in Texas?

I recently turn 19, currently I live in my parents house. My father pays for all the bills, except for one which I pay. My mother doesn’t pay anything. My dad doesn’t live in the house. I recently put a lock on my door blc my mother was stealing checks that had my name and siblings were... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

If your father is also an owner of the property or a tenant on the least (depending on whether it’s leased or owned), your mom cannot kick you out as long as your dad allows you to stay in.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Do I have right to say no for my wife kid from the previous marriage?

The kid was 16 yes old and we never get along so we both know that is not the best option.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

A: Yes you have a right to say no. She has a right to say “screw you” excuse my language. And both of you have a right to file for divorce. This isn’t a legal issue, it’s a marital issue. You have a right to agree or oppose to anything you want during the marriage

1 Answer | Asked in Family Law for Texas on
Q: Relief not granted at this time. One child is born before marriage, WOS is defective (third amended),

what does it mean when a judge deny an uncontested divorce for this reason. Relief not granted at this time. One child is born before marriage, WOS is defective (third amended), PO expired

in 2013 (this list is not all encompassing)

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

You have to amend your petition for divorce to include a request for establishment of paternity and request for dna testing on the child that was born before marriage (assuming there are no other court orders affecting that child, which is why the judge made this ruling). The dna testing... Read more »

1 Answer | Asked in Family Law for Texas on
Q: Will a TRO say weather or not the child will be back to me or does it Clearly state what I can't do ?

We have paper work with how visitation goes but she Filed a TRO against me yesterday and says nothing about not returning the children

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

Typically a TRO doesn’t address visitation rights. If it does, it’s wrong and needs to be corrected through proper motions. If the TRO doesn’t say anything about visitations, that is the correct way. And your most recent order regarding visitations is still in effect.

2 Answers | Asked in Civil Litigation, Divorce and Family Law for Texas on
Q: How do I prove I am common law married in texas? The narcissist partner says they aren't as it doesn't serve need

had bank acct now closed. Current truck together, opened business with a partner while wife financially supported. Purchased motorcycle in his name and she paid payments and insurance, she or his mother paid storage intro as husband and wife. Received packages with spouse last name(packages not... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

It comes down to whether or not you held yourself out to public as husband and wife. To determine that, a divorce would have to be filed, the other party can contest it, and the judge would take into consideration a variety of factors (joint accounts, joint ownership of property, joint tax returns,... Read more »

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1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I'm paying child support as a non-custodial parent, in Texas, can I claim my children on my taxes?

I have a temp. child support order because my divorce isn't finalized. Custodial parent makes almost double income than me, yet I'm paying 25% for 2 children. I live in Idaho and in Idaho a non-custodial has the right to claim the children if he/she is current on child support.

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

The IRS rule is that whoever has the children more than 50% of the time, can claim the children on tax returns. That’s a federal law. And although I don’t practice law in Idaho, respectfully, I highly doubt they would have a law that contradicts IRS rules. Claiming children on tax returns is a... Read more »

1 Answer | Asked in Family Law for Texas on
Q: How long can a judge take to have a judgment “in consideration”?

I won my case for a writ of habeas against my ex almost 1 month ago. The judge ruled in my favor and she had told me and my lawyer that she would take court/lawyer fees into consideration. Because I had asked that since my ex withheld my kids for almost 2 months and made me use money to get a... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

There is no deadline. You should submit and file a motion for a status conference, and set it for hearing. Or call the clerk and tell them to remind the judge to make a ruling on your case on the specific issue.

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