Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Elisa Reiter
2 Answers | Asked in Family Law and Child Support for Texas on
Q: I filed for child support. The other party hasn’t filed taxes in 2 years will that effect anything?
Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Under Texas law, both parents are responsible for supporting their children, and child support is calculated using the paying parent's net income after taxes and deductions

Therefore, if the other party has not filed taxes in two years, it may affect the calculation of child support....
View More

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for Texas on
Q: My sister is the executor/ primary beneficiary of my mother's will. So how can i insure she is true to the beneficiaries

My sister has made it a point to hire her family friend to probate the will and didn't include me for some reason. Is there something for her to gain by doing this? And I have yet to receive a copy of the will. I do know that she is entitled to half of everything and the other half is to be... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

According to Texas Estates Code 351.101, an executor or administrator of an estate has a duty of care to take care of estate property as a prudent person would take care of their own property.

Additionally, Texas Estates Code 404.001 states that an independent executor who defends an...
View More

View More Answers

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Custody for Florida on
Q: In the process of divorce and my spouse will most likely not agree to 50/50 for property and kids. What should I do?

During our marriage we purchase a house 1/3 mother in law, 1/3 spouse, 1/3 myself (loan) and sold with profit of 30k that amount has then been put into a house that is now under her name only that was purchased by her mother and forced to sign a balloon mortgage contract. She also made me sign a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

In Texas, all property is presumed to be community property. The burden of proof is on the person claiming something as their separate property to prove their claim by tracing the property claim back to the magic moment of inception of title. While your first home was purchased during marriage,... View More

3 Answers | Asked in Family Law and Child Custody for Texas on
Q: My 14 year old grandaughter no longer wishes to live with her father and step mother due to being treated badly.

what are the options

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

Grandparent standing is a slippery slope after the Texas Supreme Court case of In Re CJC. You would have to show BOTH parents are unfit and that it would serve your granddaughter's best interests to come live with you. You should consult with an attorney about the facts specific to your case.... View More

View More Answers

Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)

Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 2, 2023

Is Child Protective Services involved? Did a judge rule that someone else should have temporary custody? If CPS is involved, you likely will be asked to complete a Service Plan or Parenting Plan. That could involve submitting to a psychological evaluation, as well as counseling and parenting... View More

View More Answers

2 Answers | Asked in Adoption, Child Custody, Contracts and Family Law for Texas on
Q: My sister-in-law and brother have offered to have a baby for us. How do we do it legally without courts and agencies?

My husband and I have been together for 15yrs and in that time we adopted a 4yr old who is now 10. We've always wanted more kids but the agency route just didn't fit our situation. My sister-in-law and brother have kids of their own and know they don't want anymore but have offered... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

In Texas, gestational surrogacy is permitted under the Texas Family Code.

Here are the key provisions that you should be aware of:

1. Gestational Agreement: The gestational agreement must be in place and validated by a court before the birth.

This agreement outlines the...
View More

View More Answers

2 Answers | Asked in Family Law and Child Support for Texas on
Q: I just filed for child support. The other parent is a first responder and most of his income is from 1099.

Will they base his payments on both or only on his primary job.

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

According to Texas Family Code Chapter 158, in a proceeding where periodic payments of child support are ordered, modified, or enforced, the court or the Title IV-D agency shall order income withholding from the disposable earnings of the obligor.

The amount of child support payments is...
View More

View More Answers

2 Answers | Asked in Family Law and Child Custody for Texas on
Q: What else should I do get my son back I been talking to district attorney's to court cps n they can't help me out
Elisa  Reiter
Elisa Reiter
answered on Aug 8, 2023

If you file an oath of indigency, showing that you cannot afford to hire a lawyer, and if one of the forms of relief requested by the state is termination of your parental rights, you can ask that the Court appoint an attorney to represent you. That court appointed attorney can assist you in... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.