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... View More 
I can't afford lawyer now but everything was already agreed by both parties just waiting on judge to sign. Do I need to hire lawyer again to get a judge to sign??
answered on Feb 6, 2023
You may need to schedule a prove up hearing to present the necessary evidence for the judge to sign your proposed final decree of divorce.
You should contact court staff to see when your judge holds her prove ups and whether you need an appointment or can just appear with your necessary paperwork
The court ordered me to file for child support even after I told them he would hurt me if I did.
answered on Jan 25, 2023
It is common, as a condition of probation, that you would be ordered to support your children. As long as you are able to do so without government assistance or child support from the other parent, it is arguable that ordering you to file for child support exceeds the power of the court.... View More
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... View More
answered on Jan 11, 2023
I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.
- ANSWER: Enforce this judgment.
So he setup a company with his wife as registered agent and owner of the company. His wife is... View More
My boyfriend proposed and i moved in with him to a home that was given to him by his parents. There is about 100 thousand equity in the house. We have been together 9 years and have 2 children ages 6 and 3 We have both worked and shared expenses 50/50. I have an engagement ring but we never... View More
answered on Jan 7, 2023
Since you indicate you were never married, you were his roommate and not his wife.
Now, as the mother of his children, you may be entitled to child support. Or, conversely, you may be ordered to pay child support to him.
You should hire a family law attorney near you to file an... View More
answered on Dec 30, 2022
Trust funds are generally not safe from child support or alimony. This is true even if they are spendthrift trusts. You might review the article “Are Trust Funds Safe From Claims For Alimony or Child Support?” Trusts & Estates (April 2013).
answered on Dec 26, 2022
If you are the genetic father of the child, this likely will not work unless the genetic mother is deceased or also agrees to put the child up for adoption.
If the genetic mother of the child is married to someone else and he wants to adopt the child (called a stepparent adoption), it... View More
answered on Dec 8, 2022
No. Your settlement will preclude you from relitigating your divorce against your former spouse.
Your legal remedy is a legal malpractice case against your former attorney. You will need to show that your former attorney’s conduct did not meet the standard of care for attorneys... View More
My child isnt in school yet. shes only 4. The father is trying to get her half of christmas break because the custody papers say when shes in school he gets her half but she isnt in school yet. its standard christmas break for parenting time. It says the father gets her from the first day of... View More
answered on Dec 4, 2022
Sec. 153.3101. REFERENCE TO "SCHOOL" IN STANDARD POSSESSION ORDER. In a standard possession order, "school" means the elementary or secondary school in which the child is enrolled or, if the child is not enrolled in an elementary or secondary school, the public school district... View More
answered on Nov 17, 2022
(b) To appeal an associate judge's decision, other than the issuance of a temporary restraining order or temporary injunction, a party must file an appeal in the referring court not later than the seventh day after the date the party receives notice of the decision under Subsection (a).... View More
He has 3 kids in PR 1 from his first marriage and 2 from his second marriage. All his child support is taken out monthly since he is in the military in the States. How would he owe back child support?
answered on Nov 8, 2022
It is possible the military made a mistake and didn’t withhold enough. It is also possible that there was a gap in time between when the child support order went into effect and when the military began withholding from his pay. If he didn’t make direct payments during that gap in time, he... View More
I had a judge sign off on temporary orders on Friday. But they are not fair or just. They were written by my husbands attorney since I do not have one.
answered on Nov 7, 2022
If the temporary orders were made by an Associate Judge, you should file a proper and timely objection to the specific parts of the order which with you disagree and promptly set it for hearing before the district judge.
My child’s father and I went to court in March 2022 for a temporary hearing I was granted primary custody and child support. I was pro se and he had a lawyer the judge ordered his lawyer to file the order. However, after about six months of waiting, I finally found out that he stopped paying his... View More
answered on Oct 21, 2022
The preparation of an enforceable child custody and child support order requires the knowledge and experience of an attorney practicing in the area of family law.
Unless you are fully familiar with what is required from past experience (for example, from working as a paralegal or legal... View More
Circumstances usually play a part in a parents election for over 100 miles whether they can do 1st 3rd and 5th or elect once a month with 14 days notice. If circumstances change for the non custodial parent, could they change to the default standard possession order to increase time with their... View More
answered on Mar 28, 2024
Over 100 miles Apart :- When parents live over 100 miles apart the noncustodial parent is provide with option when completing a standard possession order as outlined below , if your parenting time schedule has already bean established by a court the child support division is unable to modify this... View More
I moved to Texas within 6 months ago, the father wasn’t really in the picture and I didn’t bother telling him due to him saying he’s not his. I didn’t bother of informing him of anything. Now he’s trying to come back in the picture. We’re married and live in two different states. I did... View More
answered on Apr 3, 2024
Under the Uniform Child Custody Jurisdiction Act and the Uniform Interstate Family Support Act, if the child has established his/her domicile and residence in Texas for six months, you should be able to initiate proceedings for child support and custody against the father if he lives in the United... View More
He got custody because he lied and 3 weeks after the divorce decree was signed he invited me to move back in with him and be 24/7 mommy. He was abusive and I left. We had a big fight and he went after back child support. My attorney was lazy and ended up screwing up my case and didn't want to... View More
answered on Feb 29, 2024
You should of went to the AG office when you moved back in the house. If you already paid the child support your case is moot. If you owe arrearage go to the AG and request a hearing to confirm the arrearage
If I am held in contempt and ordered to 180 days in jail on paper when I have my next hearing can that order be changed? I feel behind on child support and was held in contempt today. My next hearing is in 3 months and on paper it says that day I will start my sentence, my lawyer however told me to... View More
answered on Feb 21, 2024
Yes. Your lawyer is correct. You need to pay the child support and get a job asap.
Temp order for custody/child support arrangement. 7 Days with mom then 7 days with dad we were supposed to go back to court to finalize everything. The mother did her 7 days on and off for about 2 to 3 months she was never consistently keeping the child when it was her 7 days there was always an... View More
answered on Feb 9, 2024
Given the facts you describe that this case has been hanging around with only temporary orders for more than ten years--which is very unusual--$2600 sounds extremely reasonable. I recommend you take that deal.
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.
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.
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