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Stuart L. Brown

Stuart Brown’s Answers

8 total

  • Confirming divorce while out of country

    Back in 1997 i was an international student in the US, we got married in Dallas, TX then separated and she went back home to California. Our understanding was she was going to file for an divorce but we later lost contact and i left the US. ...

    Stuart’s Answer

    The divorce would likely be filed in the county she moved to in California. Contact the court clerk in that county. Good luck!

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  • How can I file for enforcement if the other party isn't paying any of his support but has a new home and I make little money

    The dad has supervised visits and only sees the kids 3 days a month

    Stuart’s Answer

    The Office of the Attorney General will file an enforcement case for you for free. But due to the volume of cases, it will likely be several months until it is filed, and possible a year or longer until the case is finally heard in court. A private attorney will do the same for you, but will file your case right away and have it set on the first available date provided by the court. Fees vary, but if the other parent is held in contempt of court, your attorney will request the court to order the other party to reimburse you for the attorney's fees spent.

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  • Intervention in Custody Case

    During my custody case my Ex had a disagreement with her attorney and she withdraw and then filed an intervention for her owed attorney fees against me and my Ex. She filed this against me even though she never represented me or did any work of an...

    Stuart’s Answer

    Attorney's fees are a debt to the community estate, meaning against both of you. Think of the other lawyer as a party to the case, so without the signature of that attorney on an agreed order, you will need to go to trial.

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  • How Can I Re-Direct Child Support in Texas? OAG Case

    The mother of my child is considered the custodial parent in our child support case with the Texas Attorney General. However, I know for a fact that the children do NOT live with her but in fact have a shared custody with her mother (the chil...

    Stuart’s Answer

    You state "I know for a fact that the children do not live with her." That will be the issue at trial because she will likely disagree with you. Make sure you have evidence other than what the children tell you, evidence such as a witness, school records with the other address, etc. When you feel that you can prove it, we can file for a modification of the support so the money actually goes to the children.

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  • Changing recent divorce decree with respect to child custody

    A recent divorce decree gave my ex-spouse sole custody of our children aged 11-13-15. We live in Texas. We've since completely reconciled our relationships, including those with the children, and the spouse with the sole parental right came to me,...

    Stuart’s Answer

    You can file a petition for modification and draft an agreed modification order. There are, however, a lot of issues in a child custody and support modification, and having an attorney help you would be a very good idea. You might be surprised how low the fees can be for an agreed modification.

    Stuart Brown
    sbrown@sbrownlaw.com

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  • My ex-husband owes back child support for around 4000.00

    but since he is currently paying( due to a with holding order I had to file) The attorney generals office said they will not pursue him for the back owed. What should I do? They told me I could file for services online but would likely be denied. ...

    Stuart’s Answer

    If the withholding order is for current support only and does not include a payment toward the arrearages, you can file an enforcement and/or a confirmation action. That will establish the exact amount owed to you and set him up on a payment plan that is in addition to the amount of your current support.

    Stuart Brown
    sbrown@sbrownlaw.com

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  • Am moved from california to texas about two yrs ago...my child mother put me on child support and i got married now she a harras

    me and she file paper work in california stating she have full custody of our son and i have not rcvd any court order or document at all.... and I can on;y see my son for three hours in her present and I live in another state... and I can not find...

    Stuart’s Answer

    Since she filed in California, I assume she and the child still reside in there. You will need to get an attorney in California as that state likely has jurisdiction over your son. I wish you the best.

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  • What is my max child support payment for one child if I have three other children with my current wife?

    I currently pay $500/mo for child support, but that was set 11 years ago and I have had three children since.

    Stuart’s Answer

    Maximum guideline support is 14.75% of your net resources. If your net resources are more than $7,500 per month, then the maximum guideline support is usually capped at $1,106.25.

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