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Questions Answered by Matthew Valley
1 Answer | Asked in Traffic Tickets and Car Accidents for Texas on
Q: Got into a wreck, got a ticket for no license.what if I’m doing my drivers course & got my license before my court date

The wreck was not my fault.

Matthew Valley
Matthew Valley
answered on Jan 6, 2018

In some jurisdictions fixing your driver's license could be sufficient to get the ticket dismissed; in other counties, it may not. You would need to talk to a local attorney who handles traffic tickets in order to find out what you should expect from the court if you take those proactive steps.

1 Answer | Asked in Juvenile Law and Criminal Law for Texas on
Q: I am 17 and pregnant in Texas. I got pregnant at 17. My boyfriend is 22. Will he get in trouble?
Matthew Valley
Matthew Valley
answered on Jan 6, 2018

17 is the age of consent in Texas. So, assuming your sexual relationship with this man began after you were 17, there is nothing intrinsically wrong with that legally, assuming consent was given.

If you were under 17 when you started having sex with him, then he could get in trouble because...
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1 Answer | Asked in Family Law and Child Custody for Texas on
Q: I live in Texas and I want to move to az with my kids what are my options
Matthew Valley
Matthew Valley
answered on Jan 5, 2018

It depends. By default, if there are no orders regarding custody in place then parents generally have the right to transport and/or reside with the kids anywhere they want to. If there are orders in place regarding custody of the children then those orders likely contain provisions dictating who... View More

1 Answer | Asked in Child Support for Texas on
Q: My ex wife renewed my daughter's Medicare and the attorney general filed child support! I don't know what to do.

Can they really do this??? I was not ordered to pay support in the divorce papers! Can they legally order it?

Matthew Valley
Matthew Valley
answered on Jan 5, 2018

If your kid is on State benefits then the Office of the Attorney General can seek child support to help reimburse the State for the cost, even if the other parent does not want child support.

1 Answer | Asked in Child Custody for Texas on
Q: I am supposed to have my son every other weekend my ex is constantly breaking the court order what can I do?

I didn't have a lawyer when we went to court because I couldn't afford one, and still can't. But he is not following the order we have at all. He refuses to tell me when our son is sick and won't let me attend his Dr appt and he doesn't let me get my son when i should.

Matthew Valley
Matthew Valley
answered on Jan 2, 2018

If one parent is violating a valid child custody order, the other parent can ask the court to enforce the order. Violating a child custody order can result in the offending parent being fined by the court and/or put into jail for contempt. One might also be able to get the order modified. Obtaining... View More

1 Answer | Asked in Child Support for Texas on
Q: If a person is together and living in the same household can they still have the father under child support ? .
Matthew Valley
Matthew Valley
answered on Jan 2, 2018

If you are asking if a parent residing with another adult voids a child support order, the answer is "no." A father doesn't get out of paying child support just because his child(ren)'s mother decides to live with someone new.

2 Answers | Asked in Family Law, Criminal Law and Juvenile Law for Texas on
Q: I'm 24 & my wife is 17 can she leave his mom house if we are legally married?

We get legally married by the state of Nebraska, & we was waiting until we have the wedding party to she leave we me, but because a fight between her & his mom she wants to leave now, can we do it?

Matthew Valley
Matthew Valley
answered on Jan 2, 2018

Assuming your marriage in Nebraska is a legal marriage under the laws of Texas, the Section 1.104 of the Texas Family Code provides that:

Except as expressly provided by statute or by the constitution, a person, regardless of age, who has been married in accordance with the law of this...
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2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Soontobe ex husband refusing to take care of children as long as I have a specific friend in my life can he do this?

He is refusing to help support them because my friend is a male and he believes there is more to him and I than there truly is. I don't feel like I should have to abide by this because my friend is here just to help me pick up the slack that my soontobe ex is refusing to help with.

Matthew Valley
Matthew Valley
answered on Jan 1, 2018

Even if you were/are having an affair that doesn't excuse your husband from financially supporting the children you both share. If he refuses to support his kids on his own initiative then you likely will need to bring the courts into this.

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1 Answer | Asked in Family Law and Legal Malpractice for Texas on
Q: In a family law case, can a lawyer for one parent contact the other parent who does not have an attorney?

Contact via phone or email

Matthew Valley
Matthew Valley
answered on Dec 31, 2017

Yes, an attorney representing a party may, in general, contact an unrepresented opposing party.

2 Answers | Asked in Criminal Law for Texas on
Q: How many years do you serve with a aggravated assault is there a chance to beat the case with a lawyer?
Matthew Valley
Matthew Valley
answered on Dec 31, 2017

That depends. Aggravated Assault can be charged as a 1st or 2nd degree offense depending on the particular facts being alleged. Furthermore, a prior felony history can result in repeater/habitual enhancements to the sentencing range. A lot of facts are required to give a proper opinion, facts that... View More

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1 Answer | Asked in Divorce and Child Support for Texas on
Q: I have medicaid and food stamps but I want to file for divorce, does my ex-husband have to pay child support?

Do I have to receive child support from him if I want to keep those benefits?

Matthew Valley
Matthew Valley
answered on Dec 29, 2017

If your kids are on Medicaid and state benefits you have to serve the Texas Attorney General with the petition when you file, and they will likely get involved in order to make sure at least they get some money for the cost of the benefits being received.

1 Answer | Asked in Divorce for Texas on
Q: Can a divorced husband demand the ex wife to take back her maiden name and drop his surname?

Nothing was stated in the divorce decree.

Matthew Valley
Matthew Valley
answered on Dec 29, 2017

He can demand all he wants, but he can't force the wife to change her last name back to her maiden name.

1 Answer | Asked in Child Support and Child Custody for Texas on
Q: I filed child support on my daughters dad she is 14 can they make her visit the dad if she doesn’t want to?
Matthew Valley
Matthew Valley
answered on Dec 29, 2017

Yes, the court can--I assume you mean the court by "they." Orders regarding visitation/possession grant a parent the right of possession during times specified in the orders, and the standard orders don't give a child a say in the matter.

Will the court do so? That is a...
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2 Answers | Asked in Appeals / Appellate Law and Criminal Law for Texas on
Q: sentenced 20 yrs for a violation (curfew) the new charge has been dismissed how long will the appeal process take?

He picked up a curfew violation off a new charge that has now been dismissed, before being dismissed he was sentenced 20 years at his revocation hearing and is now waiting an appeal. How long will this process take and does he have a good chance of having his probation reinstated? It is deferred... View More

Matthew Valley
Matthew Valley
answered on Dec 27, 2017

Sadly, just because a new charge is eventually dismissed does not mean that a judge’s findings at a revocation hearing are incorrect. There are different burdens of proof when comparing revocation proceedings to trials on a new criminal charge (“preponderance of the evidence” vs. “beyond a... View More

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1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: TX-Husband wants me to sign lease so he can show he is not paying mortgage so he can buy new house.

I recently filed for divorce. I have been living in the home for the past 10 months and he lives in an apartment. We purchased home after he moved out and all the payments have come out of what he gives me monthly for child support. Loan is in his name but we are both on title. His lease will be up... View More

Matthew Valley
Matthew Valley
answered on Dec 27, 2017

It sounds like your current orders forbid him from incurring additional debt and there isn’t anything dictating that you give him approval on applying for a mortgage loan during the pendency of the divorce. If that is true, and you don’t want to assist him in such a venture then it doesn’t... View More

1 Answer | Asked in Divorce and Family Law for Texas on
Q: My ex -husband assumed property of a vehicle in our divorce decree.However, they reposed the vehicle.Do I have to pay?

The debt collector is calling me because I co signed for the vehicle however, in the divorce decree he took possession of the debt. They are calling to put a judgment against my credit. Am I responsible entirely and he gets off without paying anything?

Matthew Valley
Matthew Valley
answered on Dec 26, 2017

A divorce decree spells out the rights between the (ex)spouses, it does not affect a third party's rights under an independent contract. In other words, while the divorce decree may say that your ex owns the debt on the car, it does not stop the creditor from going after you as an individual... View More

1 Answer | Asked in DUI / DWI for Texas on
Q: my brother received a 3rd dwi in texas. before being found guilty he left the state. is there a stature of limitations ?
Matthew Valley
Matthew Valley
answered on Dec 26, 2017

There is a three year statute of limitations for felony DWIs in the State of Texas. However, it sounds like your brother has already been indicted for the alleged offense, which tolls the statute of limitations. That means that, as long as the indictment was returned prior to the 3 year mark, the... View More

3 Answers | Asked in Criminal Law for Texas on
Q: my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg

my girlfriend faces charges for this, if the girl withdraws the charges they could dismiss the case? this is in San Antonio Texas

Matthew Valley
Matthew Valley
answered on Dec 25, 2017

Your girlfriend needs to seek the advice of competent criminal defense counsel immediately. It is the State, not the alleged victim, who brings criminal charges against an individual; so the girl doesn’t really have a say on whether the Bexar County Attorney’s office will proceed or not.... View More

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