I am 36(f) with two children under the age of 18. My assets are worth about 700k. My kids father and I do not have any sort of relationship. If something happens to me before my kids turn 18 my ex there father will have access to everything. My question is this: to avoid my ex getting his hands on... Read more »
answered on Mar 26, 2023
Yes, you should definitely get a will and NO you should definitely not get married for the reasons you mention. You should get an attorney prepared by an experienced estate planning attorney. Yes, it will cost a bit of money. However, those it would be SO worth it to have a Will done by a really... Read 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... Read more »
My biological mom passed last week, and that side of her family aren't giving me any info, I would like to ask where in texas could I go to see if she had a will, or anything to see if she had me in her will? Ive tried to ask them, call them but I get nothing, not even a cone say your... Read more »
answered on Mar 24, 2023
Her will, if she had one, would be filed in the probate court of the county where she was living at the time of her death.
If you are named in her will as one of her heirs, you will likely be given notice and asked to sign a form concerning the probate of her will.
If she didn’t... Read more »
The address on my drivers license is Houston (Harris County), however, I have been overseas as a contractor for 4 years and no longer reside there. Overseas I only have an APO address. I do have a PO Box in Houston (Harris County) but don't think I can put that on the petition. Additionally, I... Read more »
answered on Mar 24, 2023
To get your kids back, you should hire a board-certified family lawyer in or near the county where the court is located.
If CPS is in any way involved in your case, you need to find out how much experience the lawyer has had with CPS cases in the recent past, as many family lawyers do not... Read more »
Long story short, I went in on a house with my gf but my name isn’t on the deed. We were gonna do that when we refinanced as I am helping with monthly payments but I also put up all the closing costs and repaired the water system, had the softener fixed, installed a garage door opener and things... Read more »
answered on Mar 22, 2023
Unless you have a contract with her for repairs you cannot get your money back.
I have a signed final divorce with kids 9/22 in Texas.My ex was in default but filed a form contesting the ruling. I am the pro se petitioner but I found out today and I was never served. Court was in December and 3/7. I have a dismissal of hearing for 3/27 and Motion 5/9
answered on Mar 22, 2023
You should have an experienced attorney carefully review your court file.
If a final decree was signed 9/22 and no order has been entered setting it aside or granting a new trial, the trial court likely has lost plenary power to do so.
If you weren’t served with your ex’s... Read more »
My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... Read more »
answered on Mar 21, 2023
Your attorney can file a discovery motion and ask for this information
Every week for child support purposes and gets paid the rest in cash . How can I prove he is getting paid under the table ?
answered on Mar 20, 2023
The easiest and best way would be to have a witness with personal knowledge testify about the arrangement.
The waiver says I give up my legal rights and won't be present at the court date. I don't want that because the wife was full of lies and deception during the marriage and separation. I don't want her going in front of the judge with more lies and getting the conditions of the divorce changed.
answered on Mar 17, 2023
Based on what you said, I would not sign the waiver and would instead hire an attorney to file an answer on your behalf and to review the proposed decree.
There is no telling what sneaky things she or her lawyer may have put into the decree to disadvantage you. There are subtle ways to... Read more »
My spouse has a separate checking account at our credit union that she opened after separation. Our credit union requires that there be an attached savings account. It is not connected to the shared savings account, so that means that there has to be another account somewhere. I know that she can... Read more »
answered on Mar 17, 2023
Yes, the information can be secured by your attorney.
Yes, if your wife deposited community funds into another account which is held in her brother’s name, or anyone else’s, those funds are still part of your marital estate.
On the other hand, if the account is merely linked to... Read more »
Neither of us wanted or could afford divorce lawyer. But now I got the gift from friend. He sent me $5K for the divorce lawyer. But someone told my spouse that she may request me to pay for her lawyer. What is the legal ground for that? And in which circumstances they would satisfy such her request?
answered on Mar 16, 2023
Tex Fam Code 6.708 authorizes the divorce court to award reasonable attorney fees in divorce proceedings. Tex Fam Code 6.502 authorizes to make temporary orders awarding interim attorney fees to a spouse.
Typically, this is done when one spouse controls community property like bank... Read more »
After a DV situation I left the home for safety. The divorce that followed said I was owed x amount of dollars when it was sold. A few months after I left, he did too. He informed my child that he was letting the house go into foreclosure. That way I got nothing and would be unable to save my... Read more »
answered on Mar 15, 2023
In a typical divorce where one spouse is awarded part of real property and the other spouse is responsible to pay the mortgage, the first spouse receives a deed of trust to secure assumption.
If the second spouse does not pay the mortgage, the first spouse can then exercise her rights... Read more »
The non-custodial parent has retained an attorney for our first child support hearing and I cannot afford one. I dont know what to expect
One parent is on drugs and girlfriend on antipsychotic meds hears voices telling her to harm herself other parent has abuse the child neither have a stable home
answered on Mar 14, 2023
Hello. You just need to hire a lawyer to file a suit affecting parent child relationship and have both parents served.
My grand daughter has lived with me since she was born, her mother has child abuse record and father is unstable no house no car smokes weed and his girlfriend is on antipsychotic medications she hears voices telling her to harm her self. The baby has lived with me all but 2 months of her life... Read more »
answered on Mar 14, 2023
Texas law does not grant automatic visitation or custody rights to grandparents. However, if the child has been living with you for more than six months, you are be eligible to ask for custody of the child as a non-parent under Texas Family Code section 102.003.
My daughter is 10. I gave her the father's last name at birth. He has NEVER been in her life. He also is NOT on the birth certificate. She wants to change her last name to mine. Can we do that without getting the father involved at all? It could potentially be dangerous if he is notified.
answered on Mar 13, 2023
In Texas, a parent can petition for a name change for their child, but notice must be given to the other parent, even if they are not listed on the birth certificate.
If the other parent cannot be located, the court will require notice to be given by publication in a newspaper and an... Read more »
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