In our final order, I, the father and non-custodial parent, am responsible for 50% of my daughters' medical support. For more than half the time since 2012, her mother, who is responsible for the other 50%, has either registered my daughter with Medicaid or my daughter has had no medical... Read more »
answered on Jun 1, 2023
Typically, the non-custodial parent is responsible to provide health insurance coverage for the child. So, in the typical case, no. If your divorce decree or custody order contains non-standard provisions, whether you are entitled to any credits or clawback will depend on the language of the... Read more »
I hired a law firm in 2021 for an uncontested divorce. Since then they have scammed me out of 10,000$ and have made zero progress on my case. About 6 months ago we were told that the law firm is no longer in operation. I cannot get ahold of them or anyone from the firm.
I am wanting to go... Read more »
answered on Jun 1, 2023
1. Identify the individual lawyer or lawyers who have appeared in your case. Typically, they are listed by name with the State Bar numbers in the signature block of each pleading filed in your pending case.
2. Go to the State Bar of Texas website and look them up to determine current... Read more »
Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?
answered on Jun 1, 2023
In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.
In a situation where one spouse... Read more »
We never lived in the same house together because of her gambling addiction and she is financially irresponsible habits. She said no when I told I want a divorce and she said she would drive up the cost of the divorce if I tried to divorce her so I couldn't afford one. What can she contest if... Read more »
answered on May 30, 2023
Yes. She can just say no. She can refuse to sign an agreed decree.
At some point, you or she will have to set the case for trial and complete pretrial preparations as ordered by the court.
And yes, that will increase your legal expenses if you have a lawyer. By how much depends... Read more »
I was awarded $45,000 (in our divorce) when the house my ex and I has sold. He is not a nice guy and will not freely give me the money. I can't afford a lawyer either if it goes down this way. I am on the mortgage and he is on the deed. Because I am a co signer the realtor said she won't... Read more »
answered on May 30, 2023
The title company should withhold the money from the purchase price at the time of sale and send it to you.
You will likely be required to attend the closing and sign documents. If your divorce was handled by a competent attorney, you should an owelty lien securing the $45,000 payment owed... Read more »
Can I do all of this using the Texas e-filing portal? Or must I go the clerk's office?
Spouse is incarcerated. Marriage took place during incarceration. Spouse will not contest.
Thank you.
answered on May 26, 2023
Legally, you can always represent yourself in your own divorce proceeding.
It's like rebuilding a car engine. Legally, you can rebuild your own car's engine. It's probably not wise if you don't know what you're doing.
Many people with substantial legal... Read more »
Im trying to get her place back home had her go to family can i get her back with me soon in how long do it take for her to be back with me i did all they asked of me
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 26, 2023
If you are truly are ready to get your child back, and have a nice place to keep her, ( his/her own room ), then you need to file in Family Court for custody.
If you have a drug habit, or other major problems, don't waste your time.
You should get a good lawyer to file for you.... Read more »
Last week my wife's attorney has requested an inventory and appraisement from me. The assets we have accumulated during our marriage include cash in our bank accounts, an SUV and sports car, furniture, and her 401k and Roth IRA. On the other hand, the only liabilities we have are $10,000 in... Read more »
answered on May 24, 2023
It is not always required but it is often required and is very useful. In many instances, spouses "forget" about assets like accumulated frequent flyer miles, unpaid bonuses, etc. Taking the time to complete a thorough and accurate Inventory and Appraisement helps the parties and their... Read more »
After my wife initiated the divorce proceedings, I quickly responded with a general denial and a Counter Petition that I found online, as I was eager to avoid a default judgment and have a say in the division of our marital estate.
Currently, we have a pre-trial conference scheduled in... Read more »
answered on May 24, 2023
Unless there is already a scheduling order in place which imposes a pleading deadline, you generally can freely amend your counter-petition up to seven days before your trial setting. Ordinarily, a court must allow you to amend your pleading, but may grant a continuance to avoid surprise or unfair... Read more »
Since my wife filed for divorce earlier this year, for now I am currently representing myself in my divorce case as I am working hard to save up enough money to hire an attorney, hopefully next month.
During this time, I am conducting basic discovery to gather evidence related to my... Read more »
answered on May 24, 2023
It is typical to use as evidence a printout of an entire thread of text or SMS messages between two parties so that the entire context of the conversation can be viewed. The printout usually has different colored bubbles for each participant with the date and time of each message and the phone... Read more »
In March 2023, my wife filed for divorce in Dallas, TX which is where we both live. I responded with my Answer and Counter Petition. We're in the discovery phase after completing Initial Required Disclosures. She hired an attorney using her substantial cash reserves, while I lack financial... Read more »
answered on May 23, 2023
When you submit your Motion for Interim Attorney's Fees in Texas, you're essentially asking the court to order your spouse to pay for your legal representation. It's important to understand that most attorneys consider the award of attorney's fees by the other spouse to be a... Read more »
My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.
Already tried... Read more »
answered on May 19, 2023
Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.
Without her signature or her permission via a power of attorney, your two... Read more »
answered on May 19, 2023
A reliable answer to your question can only be given after a full review of your respective financial circumstances.
That said, domestic relations SUPPORT obligations (spouse or children) are generally not modifiable by a bankruptcy court. However, payments in the nature of property... Read more »
My ex husband never paid child support. We got arrears and he sued to stop it. He has three lawyers and we cannot afford one. So on our own we responded and waited for a court date. We never got one then were told today that it was yesterday so he won due to us being a no show. We tried telling... Read more »
answered on May 16, 2023
Your best recourse at this point is to file a Motion for New Trial. You have 30 calendar days from the date of the court hearing to file your motion. Once you file your Motion for New Trial, you should contact the Court Coordinator to request a new court date. You will have to provide your... Read more »
Through my bank for the past year to support my son. We are on great terms and communicate everything very well. I am concerned that the Texas laws won't allow me to do this over time and I wanna be sure I'm doing the right thing. She is in a serious relationship who is paying most of the... Read more »
answered on May 12, 2023
If you don't currently have a Texas court order regarding child support, you can continue to do what you are doing (i.e. paying through your bank account) for however long you guys want to do it. The State of Texas doesn't have any say in the matter.
However, if there is a Texas... Read more »
answered on May 11, 2023
Although Texas Family Code Section 85.026 only describes some language that is required to be included in a protective order, a person cannot be prosecuted under that section. However, a person who violates a protective order can be held in contempt, fined and confined in jail for a period of... Read more »
answered on May 8, 2023
You can file a verified motion to recuse the judge for bias. You will need to attach a sworn affidavit signed by a person with personal knowledge attesting to facts showing that the judge is biased. Bias cannot be demonstrated based solely on a judge’s rulings and decisions during the course of... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 7, 2023
Your friend's best legal move is to petition the District court to be emancipated. That is relatively easy if she can get at least one of her parents to sign for her application.
In answer to your question, I don't believe CPS would try to grab her, but technically, without being... Read more »
We've been married 20 years, our children are adults, the mortgage is in both names but he's agreed to let me stay in the home, we both have retirement accounts (low value) and we've agreed not to touch each other's. I've called a few attorney's who are asking for a... Read more »
answered on May 5, 2023
A $5,000 initial retainer is extremely reasonable.
The problem with trying to do your own divorce is you don’t know to ask or research how to do something if you don’t know you need to do it.
You have a home and mortgage, so you will need a Special Warranty Deed and Deed of... Read more »
When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... Read more »
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
