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Thomas James Daley
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Thomas Daley’s Answers

3,223 total


  • Should I still take my ex to court?

    I was with my exgirlfriend for 7 years on and off. and while we were together I was the stay at home parent to my daughter. fast forward to 2012 we broke up and she took me to court for child support. now at that time I was living with my mother,...

    Thomas’s Answer

    Yes. Go forward with the contempt hearing. If you let this one slide, you'll be kicking yourself in 2 years when she finds another reason to withhold visitation. You should also seek an order modifying the parent-child relationship so that you are primary and she pays child support to you. Based on your facts, I am not positive you can win that argument, but with her withholding visits, you do have a colorable argument.

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  • Will my husband have to pay spousal maintenance?

    My husband has decided to file for divorce after being married 3yrs. He refuses to go to marital counseling. Other than the car we purchased together and some furniture, we do don't have any other assets. There is also not custody agreement that w...

    Thomas’s Answer

    You are not entitled to court-ordered spousal maintenance. He could agree to contractual maintenance, but you would need to secure payment through an owelty lien or something like that because it would not be enforceable by contempt.

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  • What constitutes "harassment" in a civil matter? How do I make my ex stop attacking me using the court system?

    My ex girlfriend and I share a child. She is constantly starting drama and taking me to court for random things, in fact she filed for a divorce based on "common law" and we were never married!! She rarely allows me visitation and if she does let ...

    Thomas’s Answer

    Her petition to modify is a perfect avenue for you to address this. File a counterpetition to modify and ask to become primary. Organize your arguments according to the Holly case. Get court-admissible copies of police incident reports, CPS investigation outcomes, etc. You might really reverse your fortunes on this case.

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  • Can my Div. Decree be reviewed & this omission corrected? Should I just sign? What are my rights with omissions in final docs?

    Received my Divorce Decree then QUDRO a year later Dec 2015. Student Loans in amount of $100k omitted from docs although they were qualified as marital debt throughout divorce proceedings. Only my signature is on these loans as wife had bad credi...

    Thomas’s Answer

    If you had a trial on this matter OR there is a signed Mediated Settlement Agreement that purports to cover all issues, then it probably is "set in stone", so to speak. If the divorce decree is being drafted based on a Rule 11 agreement or other informal settlement, then it is probably not "set in stone." It just depends on how you got where you are.

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  • Will I go to jail if I leave and go to my friends house can you please help me?

    I am 17 and my parents told me that I can leave then when told my dad he said that he will report me as a runaway can they do that if he told me to leave will i go to jail if i leave and go to my friends house can you please help me?

    Thomas’s Answer

    If there is a court order (say from a divorce or child support case) that says where you are supposed to be, you can't leave until you are 18, unless you have your parents' permission.

    If there is no court order in place, then you fall under the juvenile justice system and under that system, as long as your parents know where you are, law enforcement is not permitted to forcibly return you to your parents once you turn 17.

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  • How long do I have to wait on the NCP during pick up?

    The NCP in my family is constantly late to pick up. We usually ask them when they want to pick up the kiddos on their Friday's (CO says 6) to attempt to be flexible, but lately they're waiting to respond until we're already halfway to the meeting ...

    Thomas’s Answer

    I would wait 20 minutes and then call it a miss. If you don't have other plans and NCP then wants to come to your place to pick the children up, that would be fine. If you have problems like this, make sure you take a witness with you to the exchange and keep a log of the dates and times. What you don't want is for NCP to prevail on an enforcement motion saying that you are denying him/her court-ordered visitation. It doesn't sound likely, given your facts, but keep records and you'll be ready.

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  • Can I take our 4 children and moveto a different state?

    Cps was called by ex-wife with false allegations we've done the investigation, received the findings. they recommend fbss no court order we declined.

    Thomas’s Answer

    If you went through a custody battle, there is a court order regarding the child and that order probably, but not necessarily, defines where the child must live by placing a geographic restriction on the primary residence of the child. If that's the case, then you probably cannot move to another state with the child for whom the order applies.

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  • Can i use medishare as a suitable "insurance" and be legit

    We have 3 children.we live together ,not married. .we have had a big name health insurance that was charging me i believe it's like 1300.00 a month and not covering much. So we looked into medishare we figured it would be a cheaper risk since we s...

    Thomas’s Answer

    If you and the other parent live together, then you should ask the AG to terminate the child support order altogether.

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  • Does he own me half of what he makes?

    Yes,the guy and I were together for 7 yrs.i put though college,chiropractic school for 4 yrs.when I came home from work he recvd my check and pay the bills.he was on my ins,so he could go to the doctors.he lie to Texas chiropractic college that he...

    Thomas’s Answer

    You have three ways to collect from him, that I see, but none of them will get you what you want:

    (1) File for divorce and claim that you had an informal marriage. (Texas does not have common law marriage, we have a statute that defines "informal" marriage.) Informal marriage in Texas is hard to establish, particularly when you've been separated for so long.

    (2) Sue him for your property in JP court.

    (3) Sue him under a quantum meruit theory, but that's almost a definite loser of a case and I doubt any attorney would help you do it.

    With respect: You are probably not going to get anything. Looking back 15 years ago, you should have gotten married. People always ask, "What do I need a piece of paper for?" Well, there's the answer.

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