hi my child father and I settled a custody agreement on December 1 of 2023. I I have signed my portion of the custody agreement, but he has not even though child support was supposed to go into effect on January 1, 2024. What will happen to him if he does not sign
answered on Apr 12, 2024
It depends on whether the "agreement" arises out of mediation and is commemorated in a signed mediation settlement agreement or whether it was announced in open court and expressly irrevocable.
In many cases involving child custody, agreements reached between the parties are... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
answered on Apr 6, 2024
Provided you are able to provide proof of the domestic violence and the other baby, these would be grounds to ask for a disproportionate share (more than 50/50) of the community estate.
The community estate consists of any property that was acquired during the marriage (except for... View More
Hi, my husband had an affair and had a baby during our marriage him and I have a kid together but, doesn’t give me support. Instead he neglects our child and gives more attention to the one he had with another woman. Is there anything we can get out of the divorce?
Not to mention... View More
answered on Apr 6, 2024
I'm sorry you're going through this situation and dealing with an abusive, selfish spouse. You're not alone, and you're not without options. But, there are no quick or easy solutions. Rather, all roads lead in one direction -- a divorce. Here are the steps I would suggest:... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
In Texas, all property or income earned during the marriage is deemed community property, excluding gifts and inheritances. Even separate inherited property can be a challenge if marital income is used to pay taxes, remodel, etc. If an inheritance is in cash and that cash comes to be added to the... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or separate generally is marital property regardless of... View More
Married couple. The male gets the inheritance and makes a purchase with the inheritance funds. Wanting to know if that purchase is protected from community property in Texas now that they are divorcing.
answered on Apr 2, 2024
if you answer was same rule every inherence property During a Divorce spatting spouse divide marital during divorce proceedings. state law directly the division of the proports during divorce proceedings. A primary consideration in property division is the classification of assets as marital or... View More
We live in Texas. Can they try and take our house because it is is both of our names? We have been separated for over a year and plan on divorcing later this year when my daughter turns 18. Don't know what to do about my house to make sure it is secure.
answered on Apr 1, 2024
No Texas Constitution protects your homestead from most creditors except property tax liens and HOA liens, and I believe a child support lien attaches and does not need to be renewed every 10 years. Any normal creditor can not seize your homestead for nonpayment. They can execute against bank... View More
after a trial, divorce decree was completed by opposing counsel (husband atty) and wife(me) objected to the inclusions of property awarded to her. the decree stipulated i was awarded a home that was foreclosed in 2015, a home that was sold in 2013 and a home that husband alleges was mine but it... View More
answered on Mar 20, 2024
There is no need to, or harm in, including such properties in a divorce decree.
With respect to properties sold after he served you with suit, ordinarily the court's standing orders prohibit either party from selling any real property in either party's name during the pendency... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 11, 2024
If a wife was awarded 100% of the property upon divorce, her 100% interest passed to the grantee named in the ToDD upon her death.
While it would have been better for there to have been a special warranty deed from the husband to the wife at the time of divorce to remove the husband from... View More
At this point? Does the individual who inherited the TODD inherit only 50% or the full 100%?
answered on Mar 15, 2024
The person who acquired the property from your wife by a transfer on death deed now owns whatever part of the property your wife owned, subject to any liens that may exist (such as mortgages or unpaid taxes). If your wife got 100% of the property in the divorce, and didn't transfer any of it... View More
1. He earns almost 3x my salary. Does Texas support alimony?
2. He works for a liquor company and part of his contract includes equity in the company on a 5 year vesting schedule. In addition, if the company is sold prior to the 5th year, full equity participation shall vest. The company is... View More
answered on Mar 4, 2024
1. Texas law does provide for "alimony", which in Texas is called spousal maintenance, if the marriage has lasted at least ten years, or the spouse seeking alimony is disabled, or a child of the parties is disabled and requires the supervision of the spouse seeking alimony, or there is a... View More
I got divorced a few years ago and in the decree I was awarded the house and equity. After the divorce, my ex refinanced the house with me so that my payment would be lower. He now says he never agreed to give me the equity and that with the new loan agreement, he should get his half of the equity... View More
answered on Feb 26, 2024
Your question strongly suggests you did not follow the advice of your divorce attorney. If your divorce decree awarded you the residence, there should have been an accompanying special warranty deed from your ex-husband to you deeding the home to you and an accompanying deed of trust to secure... View More
Hi
I have a quick question regarding my ongoing child custody evaluation. My wife recently traveled overseas and informed the court counselor that she has no plans to return to the US. At present, our children are living with me as per a temporary custody court order I'm not sure what... View More
answered on Feb 26, 2024
Since you have a pending proceeding, and do not have to be concerned with serving the original citation, you can serve your wife, or her attorney, with future notices electronically through the court's electronic file management system. This would include serving her with any notices... View More
I am an American citizen with permanent residency in Ecuador and she is Ecuadorian. We were married in Texas because it was easier and I used to live there. I understand the Texas residency requirements for filing a divorce, but what can a person do if they reside in a foreign country? Is an... View More
answered on Feb 23, 2024
You can get divorced in Ecuador since you are a permanent resident of Ecuador now.
Texas, and other U.S. states, will recognize a divorce from another nation under the principle of comity as long as the procedures in the other country provide a satisfactory level of due process. Typically,... View More
My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More
answered on Feb 21, 2024
In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More
answered on Feb 21, 2024
The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More
She attempted suicide 12/23/23. Woke up and bit my abdomen, an agg assault I have not supplemented the report with. She destroyed our 2700sf home in front of my 16yo daughter and 19 yo son, as well as our then 1.5yo.. she smashed glass all over the tiled floors and my daughter’s bathtub. She... View More
answered on Feb 19, 2024
It is unclear what your question is. With the exception of a legislative continuance (which would not apply in December 2023), continuances are usually within the sound discretion of the trial judge. In my experience, most trial judges are more likely to grant a trial continuance if the case has... View More
He’s NOT doing what he’s supposed to. Is there anything as far as penalties?
answered on Feb 13, 2024
Yes. You should contact your divorce lawyer to file a motion to enforce, motion to clarify, motion for contempt, or suit for indemnity depending on what it is your ex-husband is not doing that he was ordered to do. Possible outcomes depend on the specific facts and circumstances of your case and... View More
took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More
answered on Feb 12, 2024
You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More
My husband is leaving me, no divorce, just up and disappearing and has said he is going to ruin my credit. We have a mortgage and a car in both our names plus I have a car in just my name. I can not afford all three on my own plus other bills. I don’t even think I can afford the mortgage plus... View More
answered on Feb 9, 2024
Since both of your names are on these debts, you are both responsible for the obligations. If you believe that he will follow through with the threat, the best option for you is to file for divorce to minimize the damage to your credit.
In a divorce, if the house is community property, the... View More
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