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Questions Answered by Matthew Valley
1 Answer | Asked in Business Law for Texas on
Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?
Matthew Valley
Matthew Valley answered on Apr 27, 2019

That really depends on the governing documents. You really need to consult with a local business attorney to determine what avenues are legally available to you.

1 Answer | Asked in Employment Law for Texas on
Q: Question about not being hired?

My husband and I are from Texas. We applied for a ranch job in Montana with a corporate office out of Florida. They told us we were hired as long as we didn’t have any convictions. They ran the background check, told us to sell all of our stuff and get ready to get on the road. We sold all of our... Read more »

Matthew Valley
Matthew Valley answered on Apr 27, 2019

You need to consult with a local employment or plaintiff’s lawyer. Depending on the particulars of your situation there may be a possible cause based in promissory estoppel. A consult with a local attorney could help you determine if promissory estoppel or some other cause of action applies in... Read more »

1 Answer | Asked in Child Support for Texas on
Q: Can a man give up his rights just because he doesn't want to pay me child support?
Matthew Valley
Matthew Valley answered on Apr 27, 2019

A parent can sign a voluntary relinquishment of his or her parental rights but there would have to be a petition to terminate the parental rights filed in the appropriate district court, and a judge would have to determine that it is in the best interests of the child to terminate the parent’s... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Is the custodial parent violating our agreement?

The mother of my children and I have a Standard Possession Order in TX. It states, "both parties are enjoined from making any disparaging remark about the other parent...reasonably expected to diminish the love, respect, and affection the child feels for the disparaged party" and... Read more »

Matthew Valley
Matthew Valley answered on Apr 18, 2019

You should talk to a local family lawyer about the matter. From what you have said, you may have grounds to go to court due to parental alienation. A consult with a local attorney would allow you to discuss the matter at the higher level of detail needed for an attorney to provide effective advice.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on
Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley
Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

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

Texas: I bought property while estranged from my now ex husband. The deed is only under my name. The divorce decree states that we share no property or children. Divorce was granted without ex husband's appearance. The property is paid off. I tried to sell the property but the Title company... Read more »

Matthew Valley
Matthew Valley answered on Apr 18, 2019

If you bought the property while you were married then it more than likely became marital property despite your name being the only name on the conveyance documents. If this is the case then there is a potential that your divorce decree did not resolve who got the property in question. You should... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can my landlord let themselves into my apartment without my knowledge or consent?

I'm renting a condo through a realtor. The actual owner of the condo is now selling it, and there has been a showing and an inspection done. Now I just found out that the realtor had an appraisal done without letting me know (well they sent me an email two hours before the fact to let me know... Read more »

Matthew Valley
Matthew Valley answered on Apr 18, 2019

What does your lease say? Landlords frequently include provisions in their leases that override the general rule that a landlord does not have the right to enter leased premises, outside of emergencies, without a tenant’s permission.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: My kids dad have primary custody of both of our kids. In right now he’s being investigated by CPS for substance abuse

and domestic violence. Instead of CPS giving me the kids while they do their investigation on him, they continue to allow my kids to still be in the home with him. What are some advice to getting my kids back.

Matthew Valley
Matthew Valley answered on Apr 18, 2019

I would recommend getting a consult with a local family lawyer to talk about the matter. If events have arisen that have brought CPS into the picture then there may be grounds for you to go petition the court yourself for a modification of conservatorship in your favor.

1 Answer | Asked in Child Support for Texas on
Q: if im on child and have another child that im about to be on support for will the first mothers payments decrease?

im currently on child support for my daughter but just recently had another child if she files for child support will the child support for my daughter decrease being that one child get 20% and 2 children gets 25% or will they both receive 20% each since they come from different mothers?

Matthew Valley
Matthew Valley answered on Feb 4, 2019

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.

1 Answer | Asked in Divorce for Texas on
Q: I'm planning to divorce my husband. Our home is his separate property. Can I get any of the equity after we split?

My husband has been emotionally, verbally, and sometimes physically abusive. I have a lot of evidence but I'm trying to get out of this amicably since we will have to co-parent forever. He had the house for 4 years while single. I've lived there for 7, and we've made a lot of... Read more »

Matthew Valley
Matthew Valley answered on Jan 24, 2019

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.

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have been trying to serve the father for over a year, it is to allow me and the child to leave state.

I’ve told the other parent personally, by text, and phone but he continued to try to dodge the process server. I have a job opportunity in another state and I cant continue waiting for him, or I loose my opportunity. What can I do.

Matthew Valley
Matthew Valley answered on Jan 23, 2019

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... Read more »

1 Answer | Asked in Child Support for Texas on
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

separated from father for 2 years now and always says if i file he will give up his rights so that he dont have to pay for child support

Matthew Valley
Matthew Valley answered on Jan 4, 2019

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... Read more »

1 Answer | Asked in Divorce for Texas on
Q: I bought my home several years BEFORE I got married. Is it considered seperate propoerty?

I am filing (pro se) for divorce. My spouce SAYS he has no interest in my home. If he changes his mind, is he entitled to any portion of it? He has done no improvements, never contributed towards payments, etc. The home is solely in my name. It was purchased BEFORE he and I were together.

Matthew Valley
Matthew Valley answered on Jan 4, 2019

Assets acquired by a spouse before the marriage are separate property.

3 Answers | Asked in Criminal Law for Texas on
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

Increase the charges?

Matthew Valley
Matthew Valley answered on Nov 14, 2018

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.

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1 Answer | Asked in Business Formation for Texas on
Q: Can I conduct business in a different state than the one I am incorporated in?
Matthew Valley
Matthew Valley answered on Sep 15, 2018

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... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: How can I reverse child support when my child is now living with me?

My 15 year old daughter is currently living with me. My daughter and mother became homeless and my daughter came to live with me and has been with me since June 22, 2018. Before school started, her mother was supoosed to show up to pick her up. When she finally showed up, in a brand new car mind... Read more »

Matthew Valley
Matthew Valley answered on Sep 14, 2018

You need to go back to court and seek a modification of the child support order currently in place.

1 Answer | Asked in Child Custody for Texas on
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

He lives with his parents who are watching her while he works in west Texas I've texted his mother if I can get her and no reply.

Matthew Valley
Matthew Valley answered on Sep 5, 2018

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.

1 Answer | Asked in Domestic Violence for Texas on
Q: Can you expunge a felony conviction in south carolina involving domestic violence after 5yrs?
Matthew Valley
Matthew Valley answered on Aug 29, 2018

This is a question of South Carolina law, not Texas law. You need to consult with an attorney licensed in SC.

1 Answer | Asked in Domestic Violence for Texas on
Q: How much jail time could my ex get?

My ex was charged, by the state, with ASSAULT FAMILY/HOUSEHOLD MEMBER W/PREV CONV 3rd degree felony. He was offered a plea deal but refused. We now have a trial date set. How much time could he get? Do I need to get my own lawyer.

Matthew Valley
Matthew Valley answered on Aug 29, 2018

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...
Read more »

1 Answer | Asked in Child Custody for Texas on
Q: In Texas, if a child is born to unwed parents, does the mother have sole custody?
Matthew Valley
Matthew Valley answered on May 27, 2018

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.

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