Skip to main content
Julie Ann Lightfoot Lucio

Julie Lucio’s Answers

8 total

  • How can my Sister who is house wife cant do any job, force her husband to arrange home and give financial support to her & Kids

    Hi! My sister had migrated from Pakistan to U.S with her husband and 3 sons. all are now immigrants in U.S. Her husband had done 2nd marriage without take her permission and without let her know, now when she had known her husband had done 2...

    Julie’s Answer

    It is important to determine if her husband ever lived in Texas. If he has not, he can still be ordered to pay child support through UIFSFA but he may not be forced to pay spousal maintenance. This is a sticky situation. You really need to consult with a family law attorney.

    See question 
  • What should I do if a child was coerced before they was interviewed by a child custody evaluator?

    n/a

    Julie’s Answer

    A skilled social worker will be able to see signs of "coaching". Kids don't typically know how to hide it that well. THey tend to use words and phrases that sound very "adult". THey also may seem very zealous about telling on one parent or other. If you suspect coaching, it is very helpful to tell the person who is interviewing that you suspect coaching is taking place and why you suspect it. It sounds like you are in a heated battle if you are at the point that children are talking to custody evaluators. I highly suggest you consult an attorney with vast experience in family law.

    See question 
  • Can my husband get proof from the custodian parent as to what she spends the child support money on ?

    My husband has been paying child support for over 3 years for his 2 kids, now the mother filed for a modification because she knows hes now a legal resident and makes more money but she also said she needed the money for her morgage and house bill...

    Julie’s Answer

    As a Texas family lawyer, I can say that typically the courts are not going to get involved in micro-managing a mother's child support. In Texas, the party that is awarded child support has the exclusive right to receive those funds and spend them as they see fit. A mother may need assistance paying her rent or bills, putting gas in the car or other. The only reason it would be relevant would be if you feel that she was neglecting the children by not providing food, clothing, or shelter. Otherwise, it is her call. I would have to say that the lawyer who answered below is not a Texas attorney and although his solution may be relevant in his home state, it would be an unusual case if the same facts were pending in Texas.

    See question 
  • How do i find out when my court date for child support is?

    i need a time, date and place?

    Julie’s Answer

    If you got a summons from the Attorney General's office, you should see a cause number on the paperwork. You can simply look up the cause number on the county Districk Clerk's website. If you have a hearing set, generally you are served with a petition and notice of hearing. Many times a formal hearing isn't scheduled but instead a meeting with the Attorney General is set. It is VERY important that you understand that the Attorney General is not a judge and cannot force you to agree with the amount of child support they offer. I advise you to hire a lawyer to attend that conference with you. We typically are able to find some factor that the Attorney General fails to mention to that can have an impact on the amount you are to pay. I think it generally saves you money in the long run.

    See question 
  • If I use my inheritance to purchase property is my spouse intitled to the property ? We are in the process of a divorce.

    We got married in New york. I reside in Texas and he is still in New York. I have filed for divorce we have been seperated for over a year. I inherited some money. If I purchase a house before my divorce is finalled is he intitled to this house a...

    Julie’s Answer

    If your divorce is pending in Dallas county, there are standing orders that are automatically in place upon the filing of a divorce case. One of the orders prohibits either party from purchasing anything other than basics for living expenses and attorney's fees. Buying a house before the divorce is finalized could be done, but you would need to get the court's approval. Inheritance is considered separate property but in Texas, there is a presumption of community property, meaning that if you buy something during your marriage, it is presumed to be community property. In your case, you could rebut that presumption if you are getting inheritance, but your the procedure for this could possibly be a trial. A hearing on the issue should be set before you buy property then you will have a much cleaner way of proving the house is separate property and you won't be violating the standing orders of Dallas County.

    See question 
  • In a divorce what recourse does someone have if the other party fails to come into the attorney's office or goes "missing" ?

    The T.orders ended August 08 and the divorce was to be finalized ASAP. No children- no house, all A& L had been settled. Since then she goes "missing" and is unable to be located at times & refuses to come into her lawyer's office to sign the doc...

    Julie’s Answer

    If there is no property or children, this should be fairly easy. A party does not have to sign the final divorce decree. It sounds like a decree was agreed upon by the attorneys and drafted but no official trial was conducted. The best way to have your divorce finalized would be to have the case set for a trial date. Since she had counsel and is aware that a case is pending, she is "on notice." Her attorney needs to be notified of the trial date and when the date comes, and she fails to show up, your attorney can request a default judgment in your favor. The judge will most likely sign the decree and finalize the divorce without her.

    See question 
  • If I file for divorce in TX, spouse lives in NC. Does she have to hire a TX attorney to contest? Or a NC attorney?

    Wanted to know what I'm in for by conducting a divorce in a different state. Will it be trouble for her to contest (which i'm not complaining). We have no children little assets.

    Julie’s Answer

    Whichever state the divorce is filed in, any attorneys appearing will need to be licensed to practice law in that state, with the exception of some special circumstances that are likely not practical in this case. If there are no children and little assets, the case will likely be uncontested. In Texas, a party cannot contest the divorce action but can contest the proposed property division or terms for the children. You have no children and little property, therefore your wife will have a hard time "contesting" in this case.

    See question 
  • Family Law-divorce reopened because of failure to follow Court's orders

    I just filed (reopened) a case from my divorce in 2006 because my ex spouse did not follow the orders of the divorce decree in terms of his assignment to pay any taxes due in 2005. He did not pay the taxes, I did because the penalties and interest...

    Julie’s Answer

    If you have not filed a Motion to Enforce the prior order and served him with that same motion and court date, you will not be able to enforce it with contempt in Texas. Since you are incurring penalties, etc. I think it would be best that you find a competent family lawyer to handle the case. If you are able to prove he has violated the court order, he will be again ORDERED to follow the divorce decree and will likely be assessed your attorney's fees.

    See question