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Laura Bohlman Roach
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Laura Roach’s Answers

10 total

  • What do i do if x spouse is not payinhg child support ? He just left job. Can he have it lowered?

    X is in Army. Suppose to pay child

    Laura’s Answer

    He can have it lowered however, if he is intentionally underemployed, you will have a strong argument to the Court for the Court not to lower the amount.

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  • How can I get shared or full custody?

    My custody was highjacked a year ago (reduced from 75% down to about 10%). My ex did not do well with 90% custody and child started failing in most areas, health, academic, social, and was neglected. I alarmed the school and they offered tutoring,...

    Laura’s Answer

    You need to file a motion to modify and present evidence at a hearing that it is in your child's best interest to be with you. You Need to meet with an attorney to discuss the facts and determine if the law and facts support filing a motion at this time. Any decent family law attorney can give you guidance on how to proceed.

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  • I need help establishing my name. When I was born my mother left the hospital without naming me so my name was "Baby Smith".

    She being 16 yrs old at the time, typed in my name on my birth record as "Marta" and used it to get my social security number. Now, I am 30 years old and cannot access or change my birth certificate. TX Bureau of Vital Statistics is asking for ...

    Laura’s Answer

    Yes, you need to file a Petition for a name change. You have very valid reasons. The Harris County Law Library should be able to help you at least find a form if you cannot hire an attorney or find one on line. Once your name is changed you will need to take a certified copy of the order to the social security office and change your name with them, then take the order to the DMV for a new license.

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  • What happens to CS when a child turns 18?

    I know the 1st child is entitled to more support than any children born later (i think it's 15% for the first then 5% for each child after, numbers might be off though). So when the first born child turns 18 are you done paying the 15% rate or do...

    Laura’s Answer

    • Selected as best answer

    Child support is usually based on a percentage of the gross income of the person ordered to pay the support. If a parent is paying for two children it is 25% of his/her gross income. If the final order or Decree has a "step down" then it will go down to 20% of the income once the older child turns 18 and graduates from high school. The above is the general rule. Court's can consider other factors. For case specific advice, you need to consult with an attorney in your area.

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  • Will I loose custody of my child?

    I have full custody of my son and I have him for a little over 3 years now with no imvolvment from his mother. She never sent anything for him or tryed to visit him. She has committed welfare fraud and she has a marijuana charge that she has an ou...

    Laura’s Answer

    The first question is why do you think you would lose custody? If CPS, or the mother of your child has filed a lawsuit for the State or for the Mother to have custody then you need to hire an attorney to analyze your case. The facts you present in your case appear to show that the Mother certainly should not have custody, however, there is just not enough information to fully evaluate your circumstances. If the facts you state about Mother are true, and you are a good, involved parent, then you should not lose custody, in fact in should be a no brained for the Court, however, perceptions can be a warped so you never know how the facts will play out until you walk in Court.

    Laura Roach
    Sent from my Awesome iPad

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  • Child Custody Order

    In the state of Texas, do the custodial and non-custodial have to split travel expenses if the non-custodial resides out of state?

    Laura’s Answer

    Your order will speak for itself if you have to split travel costs or not. There should be a specific paragraph addressing the issue. If not, you may need to go back to Court and get that portion of the Order revised. Or you and your ex can always reach an agreement. Alot of times, in Collin County, the parent who moved away from the child is the parent who has to pay the travel the costs.

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  • How does someone in texas terminate parental rights to a child in kentucky?

    mother will not let father have contact with child.

    Laura’s Answer

    Depending on how long the child has lived in Kentucky will depend on whether it is possible or not to file a termination suit in Texas. For a state to have jurisdiction the child must live there for 6 months prior to filing the suit, unless there is emergency jurisdiction issues. If the child has lived in Kentucky for 6 months, and Texas is claiming jurisdiction over the child, then that law suit needs to be dismissed. Particuliar pleadings will need to be filed to allow for the dismissal to occur.

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  • Can domestic violence be reported a day later?

    My husband and I got into a big fight he has been harrassing me, following me places, waking me up from sleep, he takes the blanket from me and throws it at me, shakes the bed to knock me off and starts alot of problems with me. I finally just bro...

    Laura’s Answer

    It is better to get a police report and try to file charges a day later, than not at all. It sounds like you both need counseling and if that will not work, you need to get out of the relationship. Your relationship with your husband is teaching him how to act and treat his wife. What lessons are you teaching him? Do you want him to marry a person like you? Do you want him to treat his wife the way your husband treats you??

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  • Can I reopen a divorce case at a later time it the defendant's attorney asked for a motion to dismiss?

    I might have a weak case proving our common law marriage (he isolated me and was abusive, so I left him taking our children. He claimed I kidnapped our children...). I kept my children, but we filed joint-custody long ago in another Country. Now...

    Laura’s Answer

    I hate to answer a question with more questions, but are they trying to dismiss the divorce and file it or transfer it to another county? Are they trying to say the two of you were never married?? If they are saying are not married, then you have to prove that you are under common law, meaning you agreed to be married, presented yourself as husband and wife and lived in the same residence. If you can prove that, then the Court should find that you are married and not dismiss your case. If you can't prove it then the Court may dismiss your case and order you to pay opposing counsel's attorney fees. There is always a risk going to Court, and you may want to see what you can do to resolve the case without a hearing.

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  • My sister in texas married in1982 to a man she found out he was already married so she heard,)..she left him and remarried

    without filing a divorce because she heard she did not have to. because he was already married..so is she married now?

    Laura’s Answer

    If he was already married, at the time they were together then she was never married to him because in Texas you cannot be married under the law to more than one person. If he was not married at the time they were together, and they held themselves out as husband and wife and lived together then they were married under common law.

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