Curtis W. Harrison II’s Answers

In Texas you are not considered to be in arrears on your child support obligation until 30 days have elapsed since the due date for the payment. However, your ex can request that the withholding order be issued at any time. Once it is issued to your employer, they will begin to withhold the support from your paycheck automatically.

There are a number of potential landmines involved with the scenario you have described, but the bottom line is there is no harm in filing a counter-petition, even at this late stage. Conversely, there is a risk of harm if you don't do so even though it sounds as though the judge is treating the matter as if you did file a counter-petition (by virtue of your spouse's failure to object to your lack of affirmative pleading).

I agree with Andrew's response, provided that you and your wife can handle the divorce process cooperatively. Ultimately, you and your spouse jointly control both the process and the outcome. However, the process can become more complicated if the two of you stop cooperating. In such a scenario it is quite possible that you would have to return to Texas one or more times for hearings and/or depositions.

The statute of limitations to enforce a marital property division is generally two years from the date of divorce. However, your description suggests that your ex may have committed fraud, which extends the applicable deadline to sue based upon his post-divorce misconduct. You may have up to four years from the date of the injury or the date you reasonably should have known about the injury. As far as potential criminal causes of action, you should contact your local district attorney's office...

There are many possible reasons for the delays in your case. If you believe your lawyer may be one of them you should call a meeting to explain your concerns. If you remain unsatisfied with the representation then obtain a second opinion from a different lawyer. The consulttion cost will likely only be, at most, the hourly rate of the attorney. However, be aware that if you do change lawyers you will have to pay a new retainer and pay for the new lawyer to get up to speed on your case.

In the absence of fraud, duress, or incapacity, once a divorce has been finalized and the appellate timetables have expired, neither side can re-open the case or modify the terms of the property division. In Texas, a person wishing to appeal must usually do so within 30 days of the date of decree or else the right to appeal is waived. In sum, based upon the question as posed, the ex-husband should not be able to unilaterally modify the terms of the decree regarding property awarded to you....

I would go to martindale.com and lawyers.com. Both sights are very reputable and are owned by the same parent company. Look for an attorney in the geographic area who lists the substantive area of practice you need. Also look for an attorney who is "AV" or "BV" peer rated, as those are the two highest ratings available. Finally, look for an attorney who is board certified by the Texas Board of Legal Specialization in the particular area of law you need (www.tbls.org). Although not a...

Dad cannot unilaterally "give up" his rights. The paramount issue is the child's best interest, and the State has claimed an interest in ensuring that children have their minimum reasonable needs met through adequate financial support, among other things. Even if the the mother agrees to the father's request to relinquish his own parental rights, the State does not have to agree. Most courts in Texas will appoint an ad litem to make an independent evaluation into the facts and circumstances of...

If you are still married and your husband has obtained property from an outside source he can give you some or all of it without triggering a separate taxable event. He can even convert it from separate property to community property so long as he does so in writing. If you are *not* married then there definitely potential tax consequences. Either way, depending on the value of the settlement and gift you may want to consider talking with a local attorney to make sure you create a binding,...

Most Texas orders expressly allow either parent to designate a competent adult to pick up / drop off the children in place of the parent. Assuming your order contains the standard language or something similar you could designate a third party, including a grandparent, current spouse, or significant other to cover for you in your absence. Good luck!