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answered on Nov 14, 2023
Yes, your husband may still need to pay child support for your 16-year-old child, even if they live and work independently outside the home. Child support in Texas generally continues until the child reaches the age of 18 or graduates from high school, whichever occurs later. However, there are... View More 
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
In divorce court my ex husband and his sister both lied about an inheritance of $250,000. I am angry about it and want them to be held accountable. What can I do?
answered on Nov 13, 2023
An inheritance received by one spouse is that spouse's separate property. So, in a divorce proceeding, whatever inheritance your ex-husband received should have been confirmed as his separate property. You would not have had any claim to it.
In dividing your community property, the... View More
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answered on Nov 10, 2023
you cannot force your spouse to move out of the marital home unless you have a court order granting you exclusive use of the home. This typically occurs during a temporary order hearing in a divorce process. If you and your spouse cannot agree on living arrangements, the judge will make the... View More
What actions can I take to get my portion of the money due to me so I can buy my own home for me and our kids that I have custody over?
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answered on Nov 8, 2023
File a motion for contempt of court. This is a legal proceeding that asks the court to hold your ex-spouse in contempt for violating the terms of your divorce decree. If the court finds your ex-spouse in contempt, it can order them to pay fines, jail time, or both.
File a motion to enforce... View More
My husband wants to proceed. what does he have to do that divorce happens and what do I tell the court if or when they give us the court date
answered on Nov 7, 2023
Each and every divorce case is different depending on whether children are involved, what assets the spouses have, what debts they owe, whether spousal support is available, etc. In many instances, it also depends on the county, and sometimes the particular court, where your case is pending.... View More
Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …
answered on Nov 2, 2023
If the house was awarded to your ex-wife in your divorce decree, the house will only pass to you if she left it to you in a will executed after your divorce case. Otherwise, it will pass through the intestate laws to her children or her siblings, etc.
Your divorce decree should indicate... View More
He filed for divorce as he been threatening me and abusing me mentally and financially, I reached out to the base to help me as I have a daughter and I can’t work without green card, first he wanted me to sign the proxy divorce I never sign, then I filed for child support after receiving child... View More
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answered on Oct 22, 2023
I'm sorry to hear about your situation. In circumstances involving abuse, you might be eligible to self-petition for a green card under the Violence Against Women Act (VAWA). This allows victims of abuse by a U.S. citizen or permanent resident spouse to seek legal status without relying on the... View More
I don't know where she is at if she us in America already she won't tell me or give me an address to send papers to her she continues to lie to me and I don't want this marriage anymore but how can I do thus if I can't find her
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answered on Oct 22, 2023
I'm sorry to hear about your situation.
If you cannot locate your spouse, you might be able to proceed with a divorce by publication. This method involves publishing a notice in a local newspaper to inform your spouse of the divorce proceedings. Each state has its own requirements for... View More
I got laid off 2 weeks ago....I want to start a business (several months away from soliciting businesses) but I want to set up the infrastructure (form LLC, build website, etc.). Can I start on this while we wait for it to go final? I have a lot of time while I'm looking for a job, I'm a... View More
answered on Oct 19, 2023
Yes, you can begin the process of establishing an LLC during the final stages of your divorce, as long as these actions do not result in changes that establish ownership rights or confirm the existence of the LLC before the divorce is officially finalized. However, there are a couple of important... View More
The decree states, " Except as otherwise expressly provided in this Modified Expanded Standard
Possession Order, if a weekend period of possession by (the father)
begins on a student holiday or a teacher in-service day that falls on a Friday during
the regular school... View More
answered on Oct 13, 2023
Correct. The father picks the child up from school on Thursday when school is dismissed and retains possession until the end of his regular weekend possession, which is typically either when school resumes Monday morning or at 6:00 p.m. Sunday evening depending upon the terms of the order.
The father has designated the step-mother as a competent adult(although she is a convicted felon). Is she permitted to pick the children up from school if she has not been designated on the school access list? What steps do I take at the school for them not to release the children to her?
answered on Oct 13, 2023
No, the school will not allow anyone not on the school access list to pick up a child from school.
You, however, should do nothing. He has the right to designate any competent adult to pickup the child on his behalf. But it is incumbent on him to add stepmom to the school access list.... View More
And I couldn’t make a reply to that divorce to her attorney office and I have 30 days to reply to the divorce notice? And she published in her newspaper 3 different newspapers in her state with the wrong address and zip code of my and she got divorce and same day she got her divorce decree... View More
answered on Sep 30, 2023
If a court signed a divorce decree, your divorce is “real” and you have a limited time to file a motion for new trial, an appeal, a restricted appeal, or a bill of review. These can be legally technical and costly remedies and you need the services of a competent and experienced appellate... View More
Want to know if I can claim for his retirement benefits after the divorce?
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answered on Sep 22, 2023
In Texas, retirement benefits can be considered community property and may be subject to division between spouses during a divorce. However, the specifics of how these assets were allocated would typically be laid out in your divorce decree or separation agreement. If your divorce decree from 1994... View More
We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More
answered on Sep 20, 2023
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under... View More
LLC was formed with SOS a couple weeks before marriage, but capital investment ($1000) was made after wedding, with community funds. How would the LLC interest be classified in Texas family law?
answered on Sep 13, 2023
Although I doubt there is any caselaw on this precise question, my initial impression is that under the doctrine of inception of title, the LLC will most likely be characterized as separate property.
But an argument can be made it is community property if community funds were used as the... View More
Still paying on it
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answered on Sep 12, 2023
In Texas, the division of property in a divorce is governed by community property laws. Texas is a community property state, which means that generally, property acquired during the marriage is considered community property and is subject to division between the spouses in a divorce.... View More
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
answered on Sep 7, 2023
I encourage parents to do their utmost to put their children first. Part of that process is for parents to confer with frequency about what is going on in their children's lives. Note - I have a bias here, as my 17 year old son is a second-degree black belt in Tae Kwon Do. The exercise,... View More
I told my ex-wife (she is primary custodial parent) that she did not have my permission to schedule extra-curricular activities for my son during my custody time (I have every Thursday and every other weekend), she schedule my son for karate every Monday and Thursday and is harassing me to take him... View More
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answered on Sep 1, 2023
Your ex wife does not have to have your permission unless that is spelled out specifically in the order. At the same time, you do not have to take him unless again that is specifically spelled out in the order. I would suggest a compromise especially if it is something important to your son and... View More
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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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