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Texas Family Law Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Family Law and Constitutional Law for Texas on
Q: Can gaslighting a person with a mental health history of schizophrenia bipolar depression become against the law ?

I know it is when money is involved. But bottom line wrong and agents the conversational Rights of the people with a past history of mental health?

James L. Arrasmith
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answered on Nov 28, 2023

Gaslighting, which involves manipulating someone into questioning their reality, can be particularly harmful to individuals with mental health conditions like schizophrenia or bipolar depression. While gaslighting in itself is not specifically outlawed, its effects could fall under broader legal... View More

1 Answer | Asked in Civil Litigation and Family Law for Texas on
Q: I've been divorced for 4 years and i shared a joint account and forgot to close it and I forgot it was a joint account

, I never put any money in it until recently and my ex spouse withdrew all the money i deposited, can he do this and get away with it?

John Michael Frick
John Michael Frick
answered on Nov 17, 2023

If you deposited money into a joint account that properly belongs to you and your ex-husband withdrew that money, you likely have a claim for assumpsit (also sometimes called "money had and received") to get a judgment against your ex-husband for the money he withdrew.

The legal...
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1 Answer | Asked in Family Law for Texas on
Q: How to amend a QDRO, removing ex wife as beneficiary? I have since remarried and need to have my ex removed.

I am attempting rollover my pension into an IRA and the QDRO has her listed as beneficiary for my half of the pension. I cannot proceed unless she signs a form acknowledging that I am moving assets. She has received her portion and now no longer responding to my calls or texts.

My former... View More

John Michael Frick
John Michael Frick
answered on Nov 16, 2023

Ordinarily, a QDRO does not designate an employee's beneficiary. Because this is a very unusual situation, you probably should consult the attorney who handled your divorce case about why your QDRO names your ex-spouse as the beneficiary. The only thing I can think of that might explain why... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

John Michael Frick
John Michael Frick
answered on Nov 14, 2023

It depends upon the particular facts and circumstances. A key fact is whether the two brothers have legal custody of their sisters kids or have a pending action for custody of those kids. If so, federal housing discrimination laws may protect them from "familial status" discrimination.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Family Law for Texas on
Q: Is it illegal for two brothers to apply for a home living with their sisters kids and to be turned down not a family

They turned down the application because they said they are not a family

T. Augustus Claus
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answered on Nov 14, 2023

Yes, it is illegal for a landlord to deny housing to two brothers who are applying to live with their sisters' children and are turned down because they are not a family. This is because the Fair Housing Act prohibits discrimination against applicants based on their familial status.

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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
T. Augustus Claus
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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

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2 Answers | Asked in Divorce, Child Support and Family Law for Texas on
Q: Our 16 year old lives and works independently outside the home. Will my husband need to pay child support?
John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I sue my ex husband for hiding $250,000 from me and the court when we divorced in 2001? His sister lied also.

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?

John Michael Frick
John Michael Frick
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...
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2 Answers | Asked in Family Law for Texas on
Q: How do i protect myself against debts my husband owed before we were married that I had no knowledge of?

It was a judgment from back child support that he owed. Now his ex is suing again but trying to include me in the lawsuit.

James L. Arrasmith
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answered on Nov 12, 2023

Here are some ways you can protect yourself from your husband's premarital debts in Texas that you had no knowledge of:

- File a Declaration of Separate Property with the court clearly stating these debts belonged solely to your husband before marriage and you have no responsibility...
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2 Answers | Asked in Family Law for Texas on
Q: How do i protect myself against debts my husband owed before we were married that I had no knowledge of?

It was a judgment from back child support that he owed. Now his ex is suing again but trying to include me in the lawsuit.

John Michael Frick
John Michael Frick
answered on Nov 13, 2023

Your husband's ex will lose trying to sue you personally for your husband's back child support debt.

But, be aware that your husband's ex can seize not only your husband's separate property but also your joint management community property and your husband's sole...
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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: I was served paper from a constable today stating the state is filing chapter 161 on me for a child I did not know I had

I dated a woman briefly in 2010 according to the paperwork she has put her children in extreme danger, she has a 13 yr old son that she is claiming is mine we have never taken a paternity test and I have not heard for this woman in 13 yrs. The child is currently in custody with the state and they... View More

John Michael Frick
John Michael Frick
answered on Nov 10, 2023

Assuming you were not married to the mother when the child was born, you can deny paternity. If the mother or the state desire to prove your paternity, they can require a paternity test.

Or you can admit / claim paternity, and intervene for custody of the child.

Or you can...
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2 Answers | Asked in Divorce and Family Law for Texas on
Q: I'm wanting my wife to move out but she won't we are not on a lease but I was here before she was and I pay the bill
T. Augustus Claus
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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

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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Ex-spouse has to sell house per divorce. no time limit. given been almost a year and he has not even put it on market.

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?

T. Augustus Claus
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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...
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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Hi,I filed for divorce in Texas and my husband filed a petition. Now I change my mind and do not want divorce.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Texas on
Q: Me an wife divorced about 3 years ago she passed away recently,she was awarded house on Decree

Bank says I’m responsible now is the house 100% mine again ? She never legally got it switched into just her name …

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can my ex-spouse take away my Spring Break possession by taking away Spring Break from my child? Thank you

I have my child for Spring Break 2024 per my decree. My ex is now homeschooling my child. Could she decide to continue school through Spring Break and take away my child’s break so I don’t have possession?

Here’s the decree on Spring Break:

Except as otherwise expressly... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Nov 1, 2023

If your child was not being homeschooled at the time your Final Decree was rendered, but is now being homeschooled, this could be a material and substantial change in the circumstances of the parties and could warrant a modification of the final decree. Especially if the possibility of him being... View More

1 Answer | Asked in Child Custody and Family Law for Texas on
Q: I have custody papers that has him with that says he has supervised visitation that I can choose when and who due to his

Drug use. He is in prison. My papers say I have to live in Denton county Texas or surrounding area but if I move to another state wile he is in prison is this a kidnapping situation or a civil matter where he would have to get a lawyer and take me to court

Melissa O'Neal
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answered on Oct 23, 2023

If your current order states you must live in the county you are located in or contiguous counties and you move out of state you are in violation of the courts order. He would have to file an enforcement of the order but a court could make you return in order to keep custody of your child. It... View More

1 Answer | Asked in Family Law and Real Estate Law for Texas on
Q: Hello, What legal forms would I use to take my ex wife to court for forging my name onto my property Quitclam

She gave herself my property without me knowing anything about it

James L. Arrasmith
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answered on Oct 22, 2023

I'm sorry to hear about your situation. If you believe your ex-wife fraudulently transferred property by forging your name on a quitclaim deed, you should consider taking legal action. Typically, you'd initiate this by filing a civil lawsuit to set aside or invalidate the fraudulent deed.... View More

1 Answer | Asked in Divorce, Immigration Law, Child Custody and Family Law for Texas on
Q: I’m military spouse, I’m on my spouse military order, my Green Card still pending but he filed for divorce

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

James L. Arrasmith
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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

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