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father is paying child support and now wants to stop child support payments. My son want to move in with his girlfriend and parents. What legal rights do I and my son have, I want him to continue living with me until he finishes High School. Please I need legal help. Is their some type of... View More 
answered on Aug 17, 2023
If Father is court ordered to pay child support, he continues to pay child support until your son reaches age 18 or graduates (or is no longer attending) high school, whichever occurs later.
With your son being 17 years old, there is not a real need to get in family court to get counseling.... View More
7 months after the final decree was signed the defendant has now filed a new petition using the old cause number: Defendant's Petition for Judgment Nunc Pro Tunc. Of course, they are claiming a "clerical error" but asking the Court to modify the 7 month old final order. In the... View More
answered on Aug 14, 2023
A Petition for a Judgment Nunc Pro Tunc is a court document that is filed when a party notices that there was a clerical error in the order that was signed. The party wants to get an order signed that corrects the clerical error. This filing cannot go back and change (or modify) a material issue in... View More
My partner and I are planning to get married at the courthouse before the baby is born in February. No cheating involved; my ex and I have been long-term separated/agreed to divorce so there is absolutely no question of paternity, we only delayed filing til recently because we were figuring out... View More
answered on Aug 9, 2023
In the State of Texas, a child born during a marriage is presumed to be the child of the husband (even if it is not). In your Final Decree of Divorce, you must state whether there were any minor children born or adopted during the marriage. Additionally, when you finalize the divorce, the Wife... View More
My ex-husband refuses to pay the child support that we agreed to in divorce (has previously sent some money when he feels like it but it was never through proper child support routes, and he decides when and if he sends the money, and he is around $20,000 behind over the last 6 years)... and he is... View More
answered on Jul 25, 2023
If Father is not paying child support as court ordered, then you would need to file an enforcement/contempt action against him and take him to court for nonpayment of child support. If held in contempt, the Judge could sentence him to jail time.
If there is not a law against a child that... View More
She was manipulated by him and his family and dropped the charges. (He has been arrested for assault in the past for fights.) Now he is again having an affair and acting like he did then. He was just medically retired from Air Force. He stays home with three children (9, 7, and 3) while she works.... View More
answered on Jul 11, 2023
I am sorry this is happening to your family member.
If she is ready to file for divorce, but is not financially able to hire an attorney, she could contact legal aid in her county. As long as she meets the income requirements, they may be able to accept her case and provide legal... View More
I want to file for child support and request a copy of my ex-bank statements. She has accounts in at least 3 different banks and doesn't know any information about her bank accounts, I want to file a subpoena request to get her financial records but do I have to serve my ex since I have no... View More
answered on Jun 28, 2023
You do not have to serve your ex with the subpoena; however, depending on the bank, it could be hard for you to subpoena bank records if you do not know the account numbers.
My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... View More
answered on May 16, 2023
Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... View More
Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... View More
answered on May 12, 2023
If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.
However, if there is a Texas... View More
answered on May 11, 2023
Although Texas Family Code Section 85.026 only describes some language that is required to be included in a protective order, a person cannot be prosecuted under that section. However, a person who violates a protective order can be held in contempt, fined and confined in jail for a period of... View More
My ex disappeared nearly 5 years ago. No child support dropped insurance . I recently found out he is in prison for a crime against children. I want to know my options for termination of rights or gaining 100% custody. I want to protect my kids . I have no idea if when he is getting out but want to... View More
answered on Apr 27, 2023
In Texas, one of the grounds for which a parent's parental rights can be terminated is if that parent has been convicted or placed on community supervision (probation) for being responsible for the death or serious injury to a child under certain sections of the Texas Penal Code or a similar... View More
We have no written agreements or pre-nups in place. Nor have we ever discussed these. From what I have read, Texas is a fault-based state and in my case, my fiance' broke off the engagement and expects me to return the ring. Shouldn't I be allowed to keep it?
answered on Apr 20, 2023
The ring is considered a gift to the recipient and thus is not required to be returned.
Even if you guys were to get married and then you got divorced, you would not be required to return the ring.
I hope this information helps. Good luck to you.
I'm paying for my rent and all expenses so I want to know if filling a child support order is okay when we are not divorced
answered on Apr 20, 2023
Yes, you can file what is called an Original Petition in Suit Affecting Parent-Child Relationship. In Texas, this motion will establish which parent will be the primary parent (i.e., who your child will primarily reside with), and what type of visitation the non-primary parent will have with the... View More
My child father been in and out of jail his whole life he is 12 now he got out July 2022 he now sent me a modification for him to get custody of my son say my son is not being raised right what should I do and how do I respond
answered on Apr 5, 2023
It would be very advantageous for you to obtain an attorney to represent you in a custody dispute. There are responsive documents that need to be filed with the Court on your behalf and deadlines that have to be met, or your case could be negatively impacted.
At the very least, you should... View More
My daughter had died and the child's bio father isnt in his life nor on his birth certificate. I have raise the child with my daughter since birth. Who is able to get custody of the child? Or does the common in law spouse gets him? We all still live together. The common in law spouse, child,... View More
answered on Mar 29, 2023
As a parent of a deceased parent of the child, you do have standing to bring a suit to obtain managing conservatorship (or custody) of the child. Your burden will be to prove that you have had substantial past contact with the child, which it appears that you have if you've raised the child... View More
I have to submit the days I want my kids for the summer. Right now, they are 4 and 2. Mom states she isn't sure if she will put the 4 year old in preschool. Our days are due by April 1. This last year, we went by the school district the mom lives in. She said she may put them in a charter... View More
answered on Mar 27, 2023
This is a loaded question, but unfortunately, an all too common one. It is an issue that can have a split answer between attorneys
Most standard Texas court orders state that you go by the "elementary or secondary school in which the children are enrolled or, if the children are not... View More
One isn't will the irs refund all go to me or will he get some back due to him claiming another child that isnt mine. Best part is he wants me to give him back money even though he would get the credit as if he paid it .
answered on Mar 24, 2023
Any federal income tax return that Father is to receive will be offset against any child support arrears that are owed by Father.
In your situation, it doesn't matter that Father is claiming a child that is not yours on his taxes. If he is to receive a refund, the entire refund will... View More
(1) the possessory conservator shall have possession in
even-numbered years, beginning at 6 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6 p.m. on the day before school resumes after that vacation, and the managing conservator shall... View More
answered on Mar 10, 2023
This is one of these unique possession periods on which not even all attorneys can agree.
The order says that Spring Break possession ends at "6:00 pm before school resumes after that vacation". So, in your situation, since the children are not in school on that Monday, due to the... View More
When this is taken in two periods can the total days exceed 30 days? My husband often picks them where the total days are over 40 days due to how he starts and stops after and before his weekends . Everyone is telling me this isn’t right and that they don’t do this, but everyone isn’t a legal... View More
answered on Mar 8, 2023
When summer possession is taken in two separate periods, it cannot exceed 30 days. The possession order states that it is 30 consecutive days OR two separate periods not to exceed 30 days, and the periods are to be at least 7 consecutive days each. So, most parents, if they are going to take the... View More
i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... View More
answered on Dec 14, 2022
Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.
Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?
answered on Dec 1, 2022
Given that this question was posed in the "Family Law" group, I will provide a response from a "family law" perspective.
There is no concrete law in the Texas Family Code that specifically prohibits children from sleeping with adults or a requirement for space for a... View More
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