You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

Legally, only one parent can claim a child as a dependent on that parent's individual federal income tax return. The IRS has Publication 504 which discussed this issue in depth: https://www.irs.gov/forms-pubs/about-publication-504

On a more practical note, I am familiar with... View More

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answered on Apr 1, 2025

I understand your frustration. It sounds like your verbal agreement with your ex-wife regarding claiming the children on taxes wasn’t honored, which can be incredibly frustrating.

Since your court order doesn’t specify who can claim the children, it’s best to consult with a tax... View More

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answered on Mar 31, 2025

In Texas, a non-custodial parent cannot voluntarily terminate their parental rights solely due to personal reasons, such as a busy work schedule or financial obligations. Parental rights can only be terminated by a court order, typically when it is in the best interest of the child. This generally... View More

If you can prove that you were married pursuant to common law at the time the home was purchased, the home is community property and subject to a just and right division upon divorce.

Otherwise, if the home was purchased by him before you were married, it is his separate property.... View More

1. Fill out the required Income Withholding for Support Order (IWO) form.

2. Print the IWO form.

3. If possible, hire an attorney to review your completed IWO form.

4. Take the completed IWO form to the Judge who signed, or will sign, your order for child support, cash... View More

You need to challenge the court order entered without notice to you. The best method for such a challenge depends upon the procedural facts of your case. You need to consult an attorney experienced in both family law and appellate law as soon as possible because all of your available remedies... View More

You can’t sue the AG for the impact on your life and career. But you can file a motion to clarify and enforce in the court that issued the child support order to clarify that you owe no arrearage and are, in fact, paid ahead.

The order shouldn't be vague unless you received only the ruling (1-3 pages on average), not the full final order (20-50 pages on average). Make sure you have the final order. If it's still vague, you may file your own modification suit (visitation) since you moved. It's probably... View More

Under Texas Family Code § 154.002, child support can continue past the age of 18 only if the child is actively working toward a diploma and meeting attendance requirements. Given your son's age and his lack of academic progress, you have grounds to seek termination of the support order.... View More

In order to preserve this point for appellate review, you must not only timely make the complaint to the trial court, you must secure a written order signed by the trial court denying your complaint.

The best strategy when attempting to dramatically change the law in an instance like this... View More

Once a divorce petition is filed, the court may award temporary spousal support during the pendency of the case. There are many factors that the court could consider including the spouses’ education, work experience, any physical or mental limitations, access to assets, monthly... View More

There is no legal prohibition regarding the length of a party's name on a pleading. It is best practice to ensure that the parties' names are 100% correct on all court papers filed in a matter. Sometimes, it may not be harmful, for example on an agreed motion to dismiss a civil lawsuit... View More

A lawyer with experience in family law is who can help you fix it. As with anything else, such a lawyer will expect to be paid for his/her services at the usual and customary rate for the time it takes to fix it. Just like a plumber is going to want to be paid to help you fix your plumbing or an... View More

Normally, under the UCCJA (Uniform Child Custody Jurisdiction Act), the state that is the "home state" of the children for the preceding six months has jurisdiction over child custody determinations concerning the children. If your children have lived with you for the past three years,... View More

It depends on the status of the court proceeding and, if a judgment has been signed, how long it has been since the judgment was signed and when you first acquired actual knowledge that a signed order was entered against you.

You need to obtain your court records (most of which are... View More

When you negotiate your new child custody order, include a specific provision that states that you have provided support for your son for X years (without ex-wife paying child support, if applicable) and, therefore, the parties agree that you will not be obligated to pay child support to your... View More

Statements made in judicial proceedings including divorce actions are absolutely privileged and cannot provide the basis for claims of defamation or slander.

Perjury is a crime which can be reported to law enforcement. It will be up to police and to the district attorney whether the State... View More

The OAG is a good route to go without hiring an attorney IF you and the other party are NOT in agreement over who will have custody of the child(ren), or how often a parent will have some visitation with the child(ren). The OAG will assist with any disagreements over the monthly child support... View More

Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More