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Questions Answered by Matthew Valley
1 Answer | Asked in Real Estate Law for Texas on
Q: My mother purchased land years after separating from my stepfather. Can he claim the estate and take it away?

Some years after the birth of my sister my stepfather and my mother had a heated conversation in a store. During this conversation, he attempted to slap my mother in the face but missed when she took a step back. We (my sister and I) were told, by our mother, that when she took a step back his... View More

Matthew Valley
Matthew Valley
answered on Mar 25, 2018

Based upon what you have written, it does sound like he has a claim regardless of your mother's wishes.

In Texas, property purchased during the course of the marriage is generally going to be community property. When one spouse dies that community property is split 50/50. One half...
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1 Answer | Asked in Child Support for Texas on
Q: how can chiild support stop once rights are terminated?
Matthew Valley
Matthew Valley
answered on Mar 24, 2018

With some exceptions (applicable in some CPS cases), court-ordered termination of parental rights is also termination of parental duties, including the duty to support. That is because the parent is no longer legally a parent of the child anymore once they have their rights terminated.

1 Answer | Asked in Child Support for Texas on
Q: Can I put my baby’s father on child support when he turns 18 even if I’m older then him ?
Matthew Valley
Matthew Valley
answered on Mar 24, 2018

Yes, you can. Just because a parent is under 18 themselves does not mean that they don't have to support their children. Furthermore, the fact that you are older than him doesn't remove this responsibility.

2 Answers | Asked in Immigration Law for Texas on
Q: Can my son help me fix my immigration status even though he lives in California and I in Texas?
Matthew Valley
Matthew Valley
answered on Mar 21, 2018

Usually the way to "fix" one's immigration status through their child is via getting a green card.

U.S. citizen children over the age of 21 can petition for their parents as immediate relatives. If someone comes into the US on a valid visa and overstays then it is usually a...
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1 Answer | Asked in Probate for Texas on
Q: what is difference in probate codes 137 and 205. how do I determine which one to use for affidavit?

My father passed and I am the sole heir and his only child. His estate is less than $30,000.00 excluding the homestead and exempt property. I want to do a small estate affidavit but I am not sure if I use probate code 137 or 205? Which one would be appropriate in my case. I live in McLennan... View More

Matthew Valley
Matthew Valley
answered on Mar 18, 2018

Small Estate Affidavits presently employ Chapter 205 of the Texas *Estates* Code. Chapter 137 of the Probate Code is no longer in effect, having been replaced by Chapter 205 the Estates Code. I would talk to either the probate court or a local attorney to find out any local idiosyncrasies as I know... View More

1 Answer | Asked in Real Estate Law for Texas on
Q: I have payed off property,how do I get the deed from previous owners?

Both the owners and myself have signed a payment agreement and I have payed off property. Now what do I do to get the deed for said property?

Matthew Valley
Matthew Valley
answered on Mar 17, 2018

Have you tried talking to the owners? It should be a simple matter to get a deed signed and recorded.

If they are refusing to execute a deed, or you have any question regarding what rights the deed is conveying, then you should consult with a local real estate lawyer to better explore your...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Texas on
Q: can my mom sue my babys father since i was 17 at the time of getting pregnant?

I got pregnant in September of 2017 and my birthday was in December so i turned 18 right before 2018 my mom has been threatening me saying if my bd ( who is 22 ) comes around to much or she feels like im letting him see the baby to much she will file a report saying he was messing with a minor ( i... View More

Matthew Valley
Matthew Valley
answered on Mar 17, 2018

Texas' age of consent is 17 years old-- so sex between a 17 year old and a 21 year old is fine, assuming both parties consented.

The problem is if you both had sex before you were 17. If you both did then technically he has opened himself up to being charged with a variety of felonies,...
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2 Answers | Asked in Criminal Law and Family Law for Texas on
Q: Am I as a victim allowed to see the sentencing of someone who was sentenced when I was a child for crimes against me

it was an sexual assault case I would also like to see if I can get detailed info of entire case if possible

Matthew Valley
Matthew Valley
answered on Mar 17, 2018

Generally speaking, criminal trials, including sentencing are open to the general public (which would include victims).

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1 Answer | Asked in Child Support for Texas on
Q: is buying a car for your child considered an extracurricular activity?

I am recently divorced and our daughter lives full time with my ex and our son lives full time with me. Neither one of us pays child support but we do split extra curricular activities 50/50. My ex wants to buy our daughter a car when she turns 16 but I do not believe in just buying a child a car... View More

Matthew Valley
Matthew Valley
answered on Mar 17, 2018

The Texas Commissioner of Education defines "extracurricular activities" in the Texas Administrative Code:

§76.1001. Extracurricular Activities.

(a) An extracurricular activity is an activity sponsored by the University Interscholastic League (UIL), the school district...
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1 Answer | Asked in Child Custody for Texas on
Q: My 13 yo doesn't want to go with his dad who lives out of state what can I do

13yo doesn't want to go with father who lives out of state and only calls every few months. He refuses to listen to child and when I bring it up he threatens to sue. What can I do?

Matthew Valley
Matthew Valley
answered on Mar 10, 2018

You can go back to court and attempt to modify the visitation schedule if it is becoming unworkable. If you don't abide court orders regarding visitation then the father could file an enforcement action against you and try to get the court to hold you in contempt, which can result in fines and... View More

1 Answer | Asked in Child Support and Family Law for Texas on
Q: Can my ex put me on child support for a kid she has said isn’t mine for 3 years and someone else signed the birth cert

There is no proof he is mine.

Matthew Valley
Matthew Valley
answered on Mar 10, 2018

She can try. If she does you would have the ability to contest the allegations of paternity and request a DNA test. If the kid does turn out to be yours then you should expect some kind of support order to be put in place by a judge.

1 Answer | Asked in Employment Discrimination for Texas on
Q: I called in sick for tomorrow due to a reaction to my diabetes meds Metformin. My boss said it will count against me wit

No excuse . I am 63 and have medical issues. Our Ins allows 3 visits per year I have 2 left. I walk with a cane. I feel like I’m being discriminated against. Seems like they want me outta there. I live in Waco Texas. Please help. Is it illegal to discriminate against elderly?

Matthew Valley
Matthew Valley
answered on Mar 10, 2018

It is unlawful to discriminate against the elderly, and it is unlawful to discriminate against those with medical disabilities. The evaluation of such cases requires a lot of facts and is something that you should probably consult with a local employment lawyer about. Many plaintiff/employee side... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: I am 16 and pregnant by a 26 year old but nobody has proof of who my baby's father is what actions can be taken?

I have been living on my own since I was 14, and have been with this 26 year old ever since. Everybody thinks we are friends and my father and mother knows I have been living with him and I have proof they know and neither has taken any action. So, now that I am pregnant by him I am sure they are... View More

Matthew Valley
Matthew Valley
answered on Feb 24, 2018

It isn't really up to your parents whether or not this guy gets charged. 17 is the age of consent in Texas, and you two are too far apart in ages for any reliance on Texas' version of "Romeo and Juliet." Your baby's father could be facing statutory rape and other criminal charges.

2 Answers | Asked in Child Custody for Texas on
Q: Can a husband take his child away from the mother lawfully without her consent?

My daughter is recently married. She wanted to go visit her mom with her baby. She got into argument with the husband. He took the child.

Matthew Valley
Matthew Valley
answered on Feb 24, 2018

If he is the father of the child and they are married then he has to right to take the child off by himself, just as the mother would have the right to do the same. That is assuming there are no court orders stating otherwise.

If there is a worry that he is putting the child in physical...
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1 Answer | Asked in Personal Injury and Juvenile Law for Texas on
Q: In texas a 17 year old male pulled the hair of a female student and now her parents filed charges. What can the male do?

It happened in school. The principal gave the male saturday school. But the parents of the female filed charges outside of school. What can the parents of the male who pulled the girls hair do? Hire a lawyer if so what kind?

Matthew Valley
Matthew Valley
answered on Feb 23, 2018

Consult with a local defense attorney. 17 year olds are adults in the eyes of the Texas criminal justice system and he could easily be facing jail time for yanking a girl's hair if the county/district attorney decides to pick up the case.

1 Answer | Asked in Bankruptcy for Virginia on
Q: I M now disabled and not working my plan payment in a ch 13 payment is high any options ? No income currently ssdi 5 mos
Matthew Valley
Matthew Valley
answered on Feb 20, 2018

If your plan was already confirmed then you can file a motion with the court to modify your plan. You may need documentation to satisfy the court.

If your plan has not been confirmed yet then you can provide an amended plan for the trustee and creditors to consider for confirmation.

1 Answer | Asked in Juvenile Law for Texas on
Q: I’m turning 16 in 2 months and my boyfriend is 19 if I were to be pregnant what would happen to him
Matthew Valley
Matthew Valley
answered on Feb 19, 2018

The age of consent in Texas is 17, and he is more than 3 years older than you so Texas' version of "Romeo and Juliet" does not apply. It is possible that he gets charged with a variety of sex based offenses if your sexual relationship were to become known, many of which are... View More

1 Answer | Asked in Criminal Law for Texas on
Q: If I’m 17 and my boyfriend is 21 can he get in trouble? sex/dating
Matthew Valley
Matthew Valley
answered on Feb 19, 2018

The age of consent in Texas is 17, so there is not a problem with a 17 year old consenting to sex with a 21 year old. That being said, there are still many things that are unlawful for a person to do with a 17 year old, including making/sharing nude photographs/videos with each other.

3 Answers | Asked in Bankruptcy and Foreclosure for New Jersey on
Q: I filed for Chapter 13 bankruptcy and some how my Lenders Lawyers found a way around it.

I filed for Chapter 13, but some how my Lender's lawyers found a way around it, now they are giving me 6 months to sell my home or they said, they will sell it at Sheriff's sale. I tried everything from talking to the investors to trying to get a loan modification and even tried to get... View More

Matthew Valley
Matthew Valley
answered on Feb 18, 2018

This is really a question you should be asking the lawyer handling your bankruptcy. They should have an answer.

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1 Answer | Asked in Family Law for Texas on
Q: a Girl said I was the father two yrs ago now I have a court hearing on a kid I’ve never met what does it mean

She lives in Livingston an I’m in silsbee I’ve never met the child

Matthew Valley
Matthew Valley
answered on Feb 18, 2018

It means you would do well to seek counsel. If she is seeking to establish paternity, then she is also likely seeking to establish child support. Competent, local counsel can help make sure that your interests and wants are protected in an often one-sided process.

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