Questions Answered by Matthew Valley

Q: if im on child and have another child that im about to be on support for will the first mothers payments decrease?

1 Answer | Asked in Child Support for Texas on
Answered on Feb 4, 2019
Matthew Valley's answer
You would need to go to court and get the first child support order modified to accommodate the fact that you now have another child to support. It will not just change automatically.

Q: I'm planning to divorce my husband. Our home is his separate property. Can I get any of the equity after we split?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 24, 2019
Matthew Valley's answer
Where marital funds have been used on a spouse's separate property, there may be reimbursement claims available against that spouse. I recommend talking with a family law attorney near you to more thoroughly discuss your situation.

Q: I have been trying to serve the father for over a year, it is to allow me and the child to leave state.

1 Answer | Asked in Child Custody and Family Law for Texas on
Answered on Jan 23, 2019
Matthew Valley's answer
Depending on how he is dodging the process server, it may be possible to either get alternative service (e.g. posting the citation, petition and orders to his residence/work door) or service by publication (i.e. running a notice/citation in the newspaper). Your local law library might be of some assistance moving forward.

Q: can i still file for child support for my daughter even tho she just had a baby and is only 17years old and school

1 Answer | Asked in Child Support for Texas on
Answered on Jan 4, 2019
Matthew Valley's answer
You likely can still file for child support despite her status as a parent. As for his threat to give up his rights: that isn't something a parent can do without approval of the court, and typically courts are very hesitant to let a parent relinquish his or her parental rights solely to avoid child support obligations.

Q: I bought my home several years BEFORE I got married. Is it considered seperate propoerty?

1 Answer | Asked in Divorce for Texas on
Answered on Jan 4, 2019
Matthew Valley's answer
Assets acquired by a spouse before the marriage are separate property.

Q: My friend is dealing. With 2 different possession cont sub. Charges in 2 diff towns. If she doesn't go to court can they

3 Answers | Asked in Criminal Law for Texas on
Answered on Nov 14, 2018
Matthew Valley's answer
If she chooses not to go to court when she is supposed to then the State will have the option of filing bail jumping charges against her.

Q: Can I conduct business in a different state than the one I am incorporated in?

1 Answer | Asked in Business Formation for Texas on
Answered on Sep 15, 2018
Matthew Valley's answer
Generally speaking, yes. However, the state you want to do business might require you to register your business with them, to obtain a license for your type of business, to register for sales tax, etc. You should consult an attorney in the jurisdiction you are wanting to do business in to see what requirements apply to you and your business.

Q: How can I reverse child support when my child is now living with me?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Sep 14, 2018
Matthew Valley's answer
You need to go back to court and seek a modification of the child support order currently in place.

Q: I'm the custodial and he's the non custodial parents do I have the right to get her he's trying to keep her from me

1 Answer | Asked in Child Custody for Texas on
Answered on Sep 5, 2018
Matthew Valley's answer
What do your court orders say? If you are presently entitled to possession and the other parent refuses to abide by it, you can go to court to enforce it.

Q: Can you expunge a felony conviction in south carolina involving domestic violence after 5yrs?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 29, 2018
Matthew Valley's answer
This is a question of South Carolina law, not Texas law. You need to consult with an attorney licensed in SC.

Q: How much jail time could my ex get?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 29, 2018
Matthew Valley's answer
The base penalty range for a 3rd degree felony is 2 to 10 years in prison, and up to a $10,000 fine. This penalty range could be enhanced all the way up to a penalty range of 25 years to life in prison (if he is a "habitual" offender).

Whether or not you need a lawyer is unclear from the information provided.

Q: In Texas, if a child is born to unwed parents, does the mother have sole custody?

1 Answer | Asked in Child Custody for Texas on
Answered on May 27, 2018
Matthew Valley's answer
Unless there is an acknowledgement of paternity properly executed that says the dad is the legal father, or court orders saying he is the legal father, an unmarried man who fathers a child does not have parental rights.

Q: Child custody & unmarried parental rights

1 Answer | Asked in Child Custody for Texas on
Answered on May 27, 2018
Matthew Valley's answer
Unless there are court orders saying he is the father, or a properly executed and filed acknowledgement of paternity stating he is the father, he has no parental rights and would not have a legal right to take his child without permission of the mother.

Q: My nephew passed away leaving 2 children and a wife. She nor her family will allow his family to see his kids. Legal?

1 Answer | Asked in Child Custody for Texas on
Answered on May 27, 2018
Matthew Valley's answer
Generally speaking, a parent is totally within their right to prevent family members-- not to mention people in general-- from seeing his/her children. This includes a surviving parent not letting the deceased parent's relatives interact with the children. In certain situations, relatives may have standing to request visitation rights with the children from the court, but that inquiry is best left to a full consultation with a local family law attorney.

Q: What happens if the attorney on file does not respond to my attorney , And the daughters are not willing to pay

1 Answer | Asked in Probate for Texas on
Answered on May 27, 2018
Matthew Valley's answer
There really is not enough information to answer this question. Additionally, if you already have legal counsel then they should be able to answer this question for you.

Q: I lost custody of my daughter when she was 7 but now she is 16 and wants to live with me, what can I do if anything?

1 Answer | Asked in Family Law for Texas on
Answered on May 27, 2018
Matthew Valley's answer
Without knowing why you lost custody, I would recommend getting a consultation with a local family lawyer. Depending on the facts of your situation, you may be able to modify the previous orders of the court to allow for your daughter to reside with you.

Q: In a will, can deceased MIL give 1/2 the house to one child if the deed is only in surviving FIL name; MIL not on deed?

1 Answer | Asked in Estate Planning and Probate for Texas on
Answered on May 18, 2018
Matthew Valley's answer
If the house was acquired during the marriage, the presumption would be that it was/is community property, regardless of whether or not her name was on the deed itself. An individual can dispose of their half of the community property to whomever they wish using a will. So, yes, it is possible that the mother could have passed on half of the house to her son via a will.

Q: whats the statute of limitation for aggravated perjury in texas?

1 Answer | Asked in Criminal Law for Texas on
Answered on May 11, 2018
Matthew Valley's answer
Three (3) years. Article 12.01 of the Texas Code of Criminal Procedure gives the statute of limitations for some specific felonies and then all other felonies. Aggravated Perjury is a felony that falls under the catch-all felony statute of limitations period, which is three (3) years.

Q: Does my daughter have a right to decide if she doesn’t want to go with her dad? She will turn 11 on June 8.

1 Answer | Asked in Child Custody for Texas on
Answered on May 11, 2018
Matthew Valley's answer
In general, if court orders say he is supposed to have possession of the children during a certain period of time, then he gets the children during that period of time. If you want to restrict or otherwise change his possession of the children you need to go back to court and ask to have the order modified.

Q: What can I do if my wife took my daughter out of Texas to California with out my consent.

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on May 11, 2018
Matthew Valley's answer
You should visit with local family law counsel for a full consultation. Generally speaking, unless there are orders stating otherwise, a parent married to the other parent is free to take his/her children to different states without consent from the other parent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.