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Questions Answered by Carrie T. Schilling
1 Answer | Asked in Child Custody, Child Support and Divorce for Texas on
Q: Wife’s mother is legal guardian of child. If husband files for divorce do he need to declare that a child is involved?

My boyfriend is a UK citizen and his wife is a us citizen. He lives in the uk, she is in Texas and they have been separated for 7 years. Can anyone help with this question. He wants to divorce but is worried she will want child maintenance payments back dated despite the Fact that the child has... Read more »

Carrie T. Schilling
Carrie T. Schilling answered on Mar 19, 2019

Child support is determined based on the best interest of the child. If the grandmother is the legal guardian or a conservator of the child, then there should already be an order affecting the parent child relationship. This order may include an order regarding child support. The divorce may or... Read more »

1 Answer | Asked in Family Law and Child Support for Texas on
Q: If I got a letter from the attorney general telling me I had to go to court how do I reschedule?

I'm behind on child support because I went to prison and they sent me a letter that was a late notice?

Carrie T. Schilling
Carrie T. Schilling answered on Mar 18, 2019

There should be a phone number of who to call on the citation. If you have not missed your court date yet, you can call the attorney general's office or the court clerk and ask if you can get the date re-set. If you've already missed your court date your options may be limited depending... Read more »

1 Answer | Asked in Probate for Texas on
Q: Grandma suing my mom on behalf of my deceased step grandpa.

My grandpa was a lawyer and passed away recently. Before he passed away he allowed my mother to pay all her bills with his account she had his account and routing number so she can pay whatever was needed . Now that he’s passed my grandma is threatening my mom by saying she used the account... Read more »

Carrie T. Schilling
Carrie T. Schilling answered on Mar 18, 2019

If your grandpa gave your mom permission to access and use the funds in his account while he had full mental capacity to do so, it is unlikely that fraud could be established in a civil case and even less likely in a criminal case. However, it depends greatly on the facts specific to the situation.

1 Answer | Asked in Divorce for Texas on
Q: If I have children from another man can I still file with divorce with no children forms?

I have the divorce forms but it says if I have children from someone other than the husband I can't use these forms so I just need to know which forms to file for this situation

Carrie T. Schilling
Carrie T. Schilling answered on Mar 18, 2019

The short answer is maybe. Is the other man legally the father because they were born during your marriage to him or is there already an order affecting the parent-child relationship with that other man? If you want to file for divorce pro se (without a lawyer), you can try calling or emailing the... Read more »

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: We have been together for over 20 years. We have referred to eachother as "wife" and "husband" but we haven't had a

formal ceremony. Do I need a divorce? I think he's going to try to throw me out of the house as its in his name. His abuse has escalated from emotional and financial to physical but I won't pretend it's nearly as bad physical abuse as many women face. I am however quite ill with... Read more »

Carrie T. Schilling
Carrie T. Schilling answered on Mar 18, 2019

Based on those facts, you are most likely common-law married and need a divorce if you no longer want to be married. Depending on the specifics, you may be able to show that the house is community property or you are entitled to some of the equity. You can call the police if feel you are in... Read more »

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2 Answers | Asked in Estate Planning, Tax Law and Real Estate Law for Texas on
Q: My dad wants 2 sell me his home below FMV, & continue 2 live with us. Tax implications? Any better options?

We would still be getting a mortgage, just well below Fair Market Value. Would it be better to do something different as in adding me to his deed, or some other legal maneuvering?

Carrie T. Schilling
Carrie T. Schilling answered on Mar 18, 2019

Better options are a Transfer on Death Deed (TODD) or a Lady Bird Deed at designate you as the beneficiary. In both of these options, the home would stay in his name until his death at which point it would automatically transfer to you.

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