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Questions Answered by Matthew Valley
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.

1 Answer | Asked in Family Law and Child Support for Texas on
Q: My baby mama said she didn't want my child support on video? Does that mean I'm exempt?

My baby mama said she didn't want my child support. She isn't pregnant right now. We had sex didn't use protection, she denied me getting her the plan b pill. Turned into an argument, have a video stating she wouldn't tell me she had a child and didn't want child support,... View More

Matthew Valley
Matthew Valley
answered on Feb 18, 2018

No, you would not be exempt from paying child support for your child just because the mother says she doesn't want any right now. Parents have a legal obligation to support their children and nothing would prevent her from changing her mind later and filing against you for child support,... View More

1 Answer | Asked in Civil Litigation, Employment Law and Civil Rights for Texas on
Q: How should I pursue getting money that is owed me from a company that I worked for?

They took money from my checks to pay for maintenance on company vehicles, altered my time sheets that I submitted to payroll, and never paid me my last check or for hours I worked before I was terminated.

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

You can go talk to a local employment lawyer. Usually ones representing employees give free consultations and might be willing to take up the case on a contingent basis (they only get paid if you do). Alternatively, you can file a wage claim with the Texas Workforce Commission and/or the Wage Hour... View More

1 Answer | Asked in Family Law for Texas on
Q: My daughter doesn't always want to go to her father's house during his visitation what can I do?

We were never married we do have a support and visitation order but he moved awhile back about 75 miles from where we live and he never keeps the schedule always changing his weekend and now she gets to where she doesn't like going is there anything I can do about this my daughter is 10 yrs old

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

You can go back to court and request a modification of the custody order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: How do I, as a mother, revoke my own parental rights due to extenuating circumstances?

Father moved 5 hours away with 2 daughters. He assaulted me when I visited 3 years ago for Christmas. No visitation since (I'm scared). No divorce yet (It's been over 3 years of separation). Night work schedule. Conflicts with timing for phone calls for a year. 5 children total. Pay... View More

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

You could sign a voluntary relinquishment of parental rights and file a petition to terminate your rights. That being said, judges in Texas are more than likely not going to let you terminate your rights just to get out of paying child support.

You might want to also look into going back to...
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1 Answer | Asked in Identity Theft for Texas on
Q: A friend of mine took a fair amount of money from my debit card without my permission. What do i do against her?

She took a total amount of $1500 from the debit card that is issued under my name and an additional $3000 in which I lent her. But she promised that she was going to pay everything, but she keeps failing to meet her ends. I was wondering if there is anything I could do regarding this matter.

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

Assuming this is relatively recent and not past the statute of limitations:

If she used your debit card without your authorization you can file a police report and hope the county decides to file a criminal case against her. You also have the option of pursuing a judgment in small claims...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: How do I show a court evidence that my child has not had contact with his father and does not know him?

We live in Texas and my son's father has not seen him by his choosing since my son was 4 and he is now 10. We will be going to court to establish child and medical support but my concern is will he be allowed visitation when he is essentially a stranger to my son? Is there a way to work up... View More

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

He will more than likely be allowed some kind of visitation by the court. Typically in cases where one parent has been absentee a “step up” visitation order will be entered by the court. The exact details of what type of visitation is involved in each step, the amount of time to complete each... View More

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: My daughter’s father doesn’t give me child support but his mother takes care of her while I’m working those that

Consider as child support . How can I get my daughter custody while he is in Mexico.

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

If he is ordered to pay child support, his mom agreeing to take care of your daughter while you are working, and in fact doing so, doesn’t relieve him of his obligation to pay.

If there are no orders regarding child support or custody of your daughter, then you would have to take the...
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1 Answer | Asked in Child Custody for Texas on
Q: My step son goes to his moms house every other weekend. My husband has primary custody and his ex wife has secondary.

He is always going over there and her not being there and leaving him with her boyfriends and other young siblings. Plus he is always getting hurt over there. Plus she has not paid any child support in almost 4 years and hardly spends anytime with him. He walks to the park by himself a 2 mile walk... View More

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

One has to follow the child custody orders until they are changed. In order to get the custody and visitation changed, he would have to file a Motion/Petition to Modify with the court, typically the court where the original orders were entered, seeking the changes he wants. If there is a... View More

2 Answers | Asked in Bankruptcy for Alabama on
Q: My home was auctioned off and may owe a balance. Can I file bankruptcy just on the balance of that home?

What kind of bankruptcy should be filed if so?

Matthew Valley
Matthew Valley
answered on Feb 17, 2018

Just to clarify on Stuart’s answer: you *cannot* just file on the house debt. When you file for bankruptcy you have to list *all* of your creditors and debt obligations.

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1 Answer | Asked in Criminal Law for Texas on
Q: What do i do if someone asked me to cash paycheck for them now im facing 4 counts from her & 4 counts from her employer

A bill was taken from account of someone i lived with she was upset so i called to cancel the payment and the money refunded to her account She was so upset she closed her account before it processed which also interferred with her payroll direct deposit So she checked the mail daily for about a... View More

Matthew Valley
Matthew Valley
answered on Feb 11, 2018

(1) stop posting potentially incriminating facts of your case online in public forums.

(2) talk to a local defense attorney ASAP.

2 Answers | Asked in Criminal Law for Texas on
Q: how much is a criminal mischief fine for breaking 100$ worth of property.

How can it be reduced or dismissed if guilty.

Matthew Valley
Matthew Valley
answered on Feb 11, 2018

Criminal mischief involving $100 to $750 of damage is typivally a class B Misdemeanor. The possible fine is between $0 and $2000. More troubling is the fact that it is also punishable by up to 180 days in the county jail. The prospect of getting the charge reduced or dismissed depends heavily upon... View More

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1 Answer | Asked in Child Custody and Child Support for Texas on
Q: Will the court allowed child support if the couple hasn’t been together in years?

A friend of mine has a 6 year old son and he currently does not pay child support. They have never been married and haven’t been together in 5 years. However she has threatened him several times that she will put him on child support so he has to do what he can not to upset her. How will the... View More

Matthew Valley
Matthew Valley
answered on Feb 11, 2018

A court will likely put in place orders that require him to pay child support, assuming your friend is in fact the dad (through either an acknowledgement of paternity or through an adjudication of paternity). If there are no prior support orders, the court presumptively can order up to 4 years back... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: I have a right to sue letter from the EEOC for a claim disability discrimination in which I was fired from my job.

Employer stated I was fired for other reason. If my medical accommodation was never made could they make up other reason to fire me?

Matthew Valley
Matthew Valley
answered on Feb 11, 2018

Employers frequently will try and produce alternative, legal reasons for termination of an employee. You should talk to a local employment lawyer ASAP to discuss your case, as a person must file suit within 90 days of an EEOC right to sue letter. These cases are too detail intensive to evaluate... View More

1 Answer | Asked in Employment Law and Tax Law for Texas on
Q: When I received what I thought was my W-2 it was a 1099 that says I wasn’t an employee but I was what do I do to fix it?

I was an employee of a company called 12 GCS I worked for them from September 2017 until January 2018 I got a 1099-misc from them instead of a w-2 saying I was not employee but being compensated. They fired me in Jan out of the blue but if I was not an employee how could I be fired? I know I was an... View More

Matthew Valley
Matthew Valley
answered on Feb 11, 2018

You can file an SS-8 with the IRS to get a decision from them on whether or not for federal tax purposes your position should be viewed as an employee/W2 or independent contractor/1099. Employers like to categorize individuals as 1099 contractors because they don't have to pay the employer... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Texas on
Q: My son's ex girlfriend is filing child support after she told him to get lost. He was 17 in high school & she was 20.

He didn't know what to do then cuz he was still in high school. He is now married with 3 kids and barely making it. They can't afford their own place. What does he need to do?

Matthew Valley
Matthew Valley
answered on Feb 10, 2018

He needs to retain a competent family law attorney. If there is already a child support case filed against him then there are potentially expensive consequences should he miss a court date, forget to file a response to the suit, etc.

1 Answer | Asked in Real Estate Law for Texas on
Q: How is estate divided in Arkansas. Spouse, less than 2 years. Deceased parents. One surviving sibling, 2 deceased siblin

One deceased sibling has one child. The other deceased sibling has 3 children.

Matthew Valley
Matthew Valley
answered on Feb 10, 2018

You would have to ask an attorney licensed in Arkansas to get an answer to that question as the rules regarding probate and intestate succession can, and often do, differ from state to state in many important ways.

2 Answers | Asked in Criminal Law for Texas on
Q: My boyfriend purchased a flat screen TV, and a Xbox off the streets from a young man for a $100 I believe. My boyfriend

My boyfriend purchased the items with no hesitation thinking only of making a few bucks off it buy selling it for more or pawning it. Come to find out about a month later...that the items were stolen. So now they are trying to charge us with unlawful entry to a habitation. What can we do

Matthew Valley
Matthew Valley
answered on Feb 6, 2018

You can quit posting potentially incriminating information online and both of you need to seek experienced defense counsel.

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2 Answers | Asked in Criminal Law for Texas on
Q: In Texas if I am in jail for unlawful restraint can I get a bond

Yes I also got arrested for trespassing

Matthew Valley
Matthew Valley
answered on Feb 4, 2018

You should be entitled to bail for an unlawful restraint charge with some exceptions, including it being charged as a felony and: (1) it's committed while on bail for another felony (which has been indicted);

(2) you had two prior felony convictions, second conviction being subsequent...
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3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: What is the Statute of limitations for assault bodily injury family violence charged by the state of texas?

I'm coming up on the 2 year mark of when the state charged me with family violence. They also charged my boyfriend with the same thing at the time. At the time I was arrested for it I was also on bail for a drug charge which I am now doing probation for and have almost successfully completed.... View More

Matthew Valley
Matthew Valley
answered on Feb 4, 2018

If there are formal charges filed in your Assault case, then the statute of limitations is "tolled" (i.e. the clock is stopped). Thus the State can still prosecute the case even if more than two years have passed since the alleged offense date.

That being said, unreasonable delay...
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