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Questions Answered by Tammy L. Wincott
3 Answers | Asked in Child Support for Louisiana on
Q: Child is 18 still in school for 1 class. Works full time job making 14.00. Does the parent still have to pay C.S?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

I believe the answer will be in your child support order. In Texas the language usually states until child turns 18 or graduates from highschool whichever comes "last". So if they turn 18 while a senior in highschool you would still pay the support until after they graduate.

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1 Answer | Asked in Family Law for California on
Q: My ex wife recently died and her mother is talking my son out of state. I am on a GPS ankle monitor in Oklahoma

Do I need to sign over my rights to my mother in law so she can take care of him for the few months till I come home?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

I am not sure what you mean by the statement sign over rights - whether it is permanent or you're talking about temporary custody.

If your child si out of State for a certain period of time, your mother-n-law may have grounds to seek custody in the other state.

2 Answers | Asked in Adoption and Family Law for Texas on
Q: Hello, What would o need to enroll my sister in school with out my mother? Or how do I take temporary guardianship?

My sister is 10 and I'm 20. She lives in Mexico with my mom, but is a US born citizen. I would like to bring her to live with me( El Paso Tx) and go to school. What do I need to show I'll be her temporary guardian? Either for school, medical or just any other reason..

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

You will need certain paperwork giving you authority to enroll her in school and giving you authority for medical treatment. You should speak with a family law attorney in your area for more detailed information.

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1 Answer | Asked in Traffic Tickets for Texas on
Q: What if the covering of one of the taillights are busted/broken but the light itself is working properly/undamaged?

I got pulled over because the casing of my taillight was broken. I’m curious to know if it was a legitimate reason to pull me over seeing as the light itself is working properly.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

Yes, it is still legitimate.

1 Answer | Asked in Traffic Tickets for Texas on
Q: I was stopped for speeding (66 on a 55), only have an out of state under 21 driving permit, expired insurance card

The car was insured but the card in the car was expired so I have court, what should i prepare for, also moved to Texas from Virginia about 5 months ago

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

You may want to consider hiring an attorney. Many times an attorney will charge no more than the cost you would pay for the fines.

Definitely get a copy of paperwork proving the car was insured at the time you were stopped as you will want to present this evidence in court.

If you...
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1 Answer | Asked in Animal / Dog Law for Texas on
Q: Can I take my neighbors dog? They never care when I bring it home and they dont take care of it. It's always at my house

They let it right back out everytime I take it home. I've asked them to please keep it put my yard and nothing works

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

No, you cannot just take someone's dog. I would suggest asking them if you can keep the dog. Otherwise, make a complaint to the appropriate agency if you do not want the behavior to continue.

1 Answer | Asked in Child Support for Texas on
Q: Does the custodial parent who is receiving child support have any legal obligation to maintain gainful employment?

I live in Texas and the divorce was in Texas however my ex lives in Arkansas. She has never maintained a job over a few months at a time and has longer periods of non employment than employment.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

No you can't force someone to have a job. It sounds like you may be mad that she is living off of your child support. Remember your support goes for things like your child's roof over their head, food, clothing, transportation, etc. It isn't meant to be an allowance that gets passed to them.

1 Answer | Asked in Child Support for Texas on
Q: can a judge order child suport with out a dna test or man not being presnt with out birth certifct being sighned
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 16, 2019

It depends. If the parent is married to the other parent then they are presumed to be the father of the child.

1 Answer | Asked in Child Support for Texas on
Q: we are separated and have a signed lease together can i still put him on child support we are not in the same house hold
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 14, 2019

The children's parent still has a responsibilty to support them. Remember they are not supporting you, they are supporting the children.

1 Answer | Asked in Civil Litigation for Texas on
Q: How much will a lawyer charge to file a writ of garnishment in Tx?
Tammy L. Wincott
Tammy L. Wincott
answered on Dec 14, 2019

Call different lawyers and explain your case facts then they will quote you an approximate fee.

2 Answers | Asked in Probate for Texas on
Q: My father died 28 years ago and my grandmother died 7 years ago I was never notified how do I get my part of inheritance

Family is playing stupid with me told me on phone that they dident know I existed. My grandmother and dad both had property and alot of money

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 13, 2019

Ms. Garrett is correct. The best thing to do is to try and find the Court records to see if each estate was probated. You might also research the county deed records where there was real property. Consult with a lawyer where the estates were located.

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3 Answers | Asked in Estate Planning and Probate for Texas on
Q: My father just passed away in June and I need help getting his affairs in order and taken care of and I have no idea

Disabled veteran, no will, 1 sibling I can't find

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 12, 2019

I am sorry for your loss. The VA may also be able to help you with this or point you to a veteran's organization in your area that can assist you with this. You might also try finding a probate attorney who is a veteran as they may be able to help you navigate the veterans benefits area.

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1 Answer | Asked in Child Support for Texas on
Q: Hello, I am currently pregnant but not married in the state of Texas.

I was told by a nurse that since we are not married it would be mandatory of him to pay child support if he signs that he is the father regardless if he is already helping or not since I am on Medicaid. Is this true? Or can you tell me more about this.

Thank you!

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 10, 2019

The State of Texas will seek to recover the costs it pays out through medicaid from the other parent if possible.

3 Answers | Asked in Child Custody and Divorce for Texas on
Q: Change a geographic restriction if the added location would actually be closer to the non-custodial parent?

I have primary custody of our one child and our divorce decree geographic restriction only includes 2 counties.

The county I want to move to is not one of the 2, but does border both counties in the order.

The county I want added is actually closer to my ex’s current residence... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 10, 2019

Consult with a family law attorney regarding the actual language in your order. Sometimes the order refers to specific counties but also speaks of contiguous (bordering) counties.

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2 Answers | Asked in Bankruptcy, Banking and Collections for Texas on
Q: I enrolled in a debt relief program and now I am getting sued by one of the cards that I enrolled in this program. Help!

I enrolled in a debt relief program and advised me to stop paying the credit card that I transferred to this program. I have not missed a payment since I enrolled and I am in good standing. Now, one of the cards is suing me for not paying and the debt relief program said that they can not give... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 10, 2019

A debt relief program does not mean the creditor has to stop collection activity on you. I suggest you speak to a debtor's attorney regarding your options as soon as possible.

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2 Answers | Asked in Probate for Texas on
Q: I don't agree with administrator's Account for Final Settlement for my dad's estate. Do I have to sign the citation?

Do I have to sign the waiver and express my objections to administrator's fee incourt?

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 9, 2019

You are not required to sign a waiver. I agree with the other lawyer's answer. If you are in disagreement with how things are handled in the estate, you should contact a lawyer to review the administration and not ask your questions on public forums. This is a private matter that may have... View More

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3 Answers | Asked in Family Law for Texas on
Q: My spouse and I aren't married, & she wants to move my daughter to another state? Can she do so without the father say?

Currently we reside in Houston, Tx., and I have reasons to believe my spouse wants to move our daughter to New York.

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 7, 2019

Until there are actual court orders for possession and access to the child/children and whether or not there are any geographical restrictions on where the parents can live, the parent can move that child anywhere. It's a good idea to get an order in place rather than live in fear or under threat.

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3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 7, 2019

I was going to suggest APS - Adult Protective Services as well for reporting elderly abuse.

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2 Answers | Asked in Bankruptcy for Texas on
Q: I am senior on SS, I need to file bankruptcy

The mortgage raised my payments, and I can't make them, I don't want to lose my home

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

Hello - I answered this question already in another section.

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2 Answers | Asked in Probate for Texas on
Q: After a probate can one of the children named in the probate receive a billing statement from probate atty?

This info has been asked for and rejected

Tammy L. Wincott
Tammy L. Wincott
answered on Dec 6, 2019

I'm not clear on your question. Are you asking for an accounting of billing from the probate attorney but you weren't the executor?

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