On Dec 14, plaintiff sought an emergency protective order, denied. Dec 15, withdrew $1,500 from joint account, advised by non-lawyer family member. Attempts to evict from family home by grandmother; we are neighbors and they're landlords. Dec 18, files for divorce, citing ability to pay and... View More
answered on Feb 8, 2024
Since you are in North Richland Hills, I recommend Trey Harris in Fort Worth or Carla Rankin in Rockwall. Both are highly regarded, competent and experienced lawyers who practice heavily in the area of family law.
Your question does not disclose what makes your divorce case complex. I... View More
She also claimed there was an active protective order against me, and waived the 60 day period. This is also incorrect. She was denied such an order yet still chose to lie and say that there had been family violence in our marriage. She also lied about an affidavit of inability to pay, which I can... View More
answered on Feb 8, 2024
No, it doesn't "invalidate" the petition. The omission of a signature is a curable defect.
You should file an answer and offer evidence that a protective order was NOT granted and that there has NOT been any family violence in your marriage.
As for the affidavit of... View More
We have been divorced for 7 years and share one child together that was conceived while we were married. She just had a baby last year and has been living with the same man for more than 5 years. I received a court order saying I need to take a paternity test for a child that is 4 months old when I... View More
answered on Feb 9, 2024
If you are being asked to take a paternity test after you've already been divorce, that likely means that your ex-wife is asserting that you are the father of the child. It may be beneficial for you to take the paternity test to have documented proof that you are not the father of the child.
Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.
answered on Feb 7, 2024
Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.
Is there a Publication for Termination of Parental Rights? I’m not sure where the man is and I’m over trying to negotiate with him.
answered on Feb 9, 2024
Yes, you can petition the court to allow you to serve the Father via publication in a Termination of Parental Rights lawsuit. You will need to attach an affidavit to your petition stating the steps that you've taken to attempt to locate the Father.
I hope this information helps. Good luck to you.
We are a family of three with both of us earning within the IT industry. For the divorce to be done I need some insight on
1. Both of us earn almost equal from our employers with a 10% higher on my ends
2. Both have almost equal savings and retirement accounts
3. We have a... View More
answered on Jan 22, 2024
In a divorce, the court will make orders for the division of your community property that are "just and right." In most cases in which the parties own a community property marital residence with substantial equity, if the parties do not agree otherwise, the court will most likely either... View More
Child’s father hasn’t been in the picture for a year now, and now is asking for pictures of “his son” but, around his birthday said he’s not his problem. Do I have send any pictures of him to him.
I plan on divorcing just saving up.
answered on Jan 22, 2024
You are not legally required to send the child's father pictures of the child.
All children are included on the service papers, because the court used information from the original divorce papers.
answered on Jan 11, 2024
When filing a response in a child support modification case in Texas, you typically need to list all the children, including both minor and adult children, if they were part of the original divorce papers. Even if the modification specifically focuses on a particular child or aspect of child... View More
The non-custodial parent is not in the picture we live in two different states and he only wants to be a family if I wanted to be with him. I have proof of no help, or wanting nothing to do with our child but, he’s been abusive to me and holding the marriage over my head. I don’t know where he... View More
answered on Jan 9, 2024
In Texas, if you are unable to locate your spouse, you can file for a divorce by publication. This involves legally notifying your spouse of the divorce proceedings through a notice published in a newspaper in the area where they were last known to reside. This method is used when all other... View More
Pension the child support would remain at the aggree amount until the kids become 18 now she trying to change the divorce agreement and served me with court papers what my rights the child support office is reviewing my income and taking me to court for increase support
answered on Jan 4, 2024
Typically, the division of the parties' marital estate is treated as being separate and distinct from the determination of child support. Courts rarely approve an agreement whereby one party receives less marital property in exchange for an agreement to pay less child support.
At... View More
Is there something I can file, or remove his parental right? He has another child and currently supporting that one without a court order and we are married (I’ve got nothing but 20 dollars from them) I’m a survivor of DV and I’m about to reach 6 months of residency what should I do? I’ve... View More
answered on Dec 28, 2023
Assuming you have a court order for support of your child from the state you left, you can contact the local Office of the Attorney General and provide them with a copy of that court order and ask for their assistance in registering and enforcing your existing support order here in the State of... View More
Hello, I have a question in regarding to waiving the 60 day period. My spouse has been convicted of domestic violence and we have children together is there a time frame that he had to be convicted.
answered on Dec 28, 2023
The Family Code provision for waiving the 60-day waiting period does not specify a time frame for the domestic violence conviction. It only requires that the offense was committed against you or a member of your household. While the court has the authority to grant such a waiver, it is... View More
There’s already a case started in other country for the child support he never payed and that he sign a contract saying the amount he would pay every month, married a women in another country and falsified his documents
answered on Dec 21, 2023
In Texas, as in other states, bigamy – being married to more than one person at the same time – is illegal. If a person marries in Texas while already legally married in another country, that second marriage could be considered invalid under Texas law. Furthermore, falsifying documents to enter... View More
Payments are pretty regular but only half as much as they are supposed to be. Also we have never been back to modify anything for increased needs.
answered on Dec 12, 2023
Yes, you can garnish wages up to the maximum allowed by law, and seize any tax refunds. You can also reduce the unpaid back child support to a judgment and impress a child support lien on any non-exempt assets.
answered on Nov 14, 2023
In most circumstances, a parent can be required to pay child support until a child reaches eighteen years of age and thereafter until the child graduates from high school as long as the child remains enrolled in secondary school.
At age 17, if a child is financially independent, the child... View More
The default date is tomorrow and I have not received any response from the other party.
answered on Sep 18, 2023
After the deadline has passed confirm with the clerk that no answer has been filed and then ask to set it for a hearing.
My husband ex wife doesn’t let the kids call their dad and when their under the grandparents care it’s the same they don’t call him and if they Do someone (mom or grandparents) are sitting in front of them making sure they don’t say anything they’re not supposed to.
answered on Sep 15, 2023
What can be done depends on what the order states. An enforcement or a modification could be filed with the court of the last order.
answered on Sep 5, 2023
In a child custody case, the counterparty can request various things as part of the legal proceedings, including financial matters related to legal representation. They may raise concerns or objections about the source of your legal funds, such as money from your parents. However, whether their... View More
My kid turns 18 one year before he is supposed to graduate, do I have to pay until he graduates even if he is already 18? Is this something I can fight against?
answered on Sep 5, 2023
Typically yes you will need to continue to pay child support until graduation as long as the child remains enrolled in school. It is highly highly unlikely a court will not require it.
answered on Sep 1, 2023
In Texas, the division of assets during a divorce is generally guided by community property laws. Community property laws dictate that most property acquired during the marriage is considered community property and is subject to equitable distribution between the spouses upon divorce.... View More
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