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Thomas James Daley

Thomas Daley’s Answers

3,035 total

  • I was divorced from my first wife 1997 she took half of the value of my parents house, there was also a Qudro drawn up

    The Domestic order was issued ans stated the she was to leave approximately 4,000.00 in 401 K in my name I now am retired and try to collect monies due . But her employer Harris Health System is telling she removed that money and there is no money...

    Thomas’s Answer

    You "slept on your rights" as we say sometimes and now, 18 years later, you're having problems. You might try a suit to enforce the terms of the property division, but it's a dice roll. Without seeing your paper work and knowing a lot more about why no QDRO was ever prepared or filed, etc., I can't say whether I think you would prevail.

    If you DID prevail, you'd get your attorney's fees back. If you lost, you'd be on the hook for them. I don't know about attorneys in Houston (yes I do), but I would charge more than $4,000 to try to collect this from her. So if you lose the case, you're out may $9,000 (the $4k from her and $5k for attorney's fees). For those reasons, it would be worth your time and money to go to a good family law attorney in your area (Robert von Dohlen, for example) and bring all your paper work with you to see what he thinks your chances are. The consultation might cost $300 - $500, but that's just the cost of a good diagnosis that might save you $9,000 or win you $4,000+.

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  • Contested divorce process when petitioner is incarcerated and has been for the entire marriage and was not with her before?

    I'm trying to help my brother. He filed a petition for divorce and she filed a general denial answer. He's not requesting anything from her but a divorce. Shes refusing to corporate. Says she doesn't want him to be able to marry anyone else, hes n...

    Thomas’s Answer

    Ms. Laster is exactly correct. If there is no property and no children, then he is absolutely entitled to a status change from married to not-married in Texas. Set the case for trial. You'll need to find out whether the judge will accept testimony by affidavit or by telephone if your brother cannot make it to trial.

    I've never tried this, but if he can't make it to trial and the judge won't allow testimony by affidavit or telephone, then you might try hiring an attorney and then YOU show up for your brother. If you can testify from your own personal knowledge that:

    1. He is presently married to his wife.
    2. At the time he filed for divorce he had been a domiciliary of the State of Texas and a resident of the county he filed in for the preceding 90 days.
    3. He was married on such and such date (were you at the wedding?)
    4. They have now ceased to live together as husband and wife.
    5. The marriage has become insupportable due to discord or conflict of the personalities that destroys the legitimate ends of the marriage relationship (how can you testify to that based on your own personal knowledge? Have you seen them fighting? Arguing? Craze facebook posts between them?)
    6. That there is no hope for reconciliation. (How can you testify to that based on your own personal knowledge? Has he called you in a state of grief-filled excitement and told you that they can't reconcile? Has she told you that in any state of mind?)
    7. They have no kids born or adopted and he has been in prison more than 9 months so wife can't be expecting from him.
    8. No property other than personal effects.

    If you can convince the judge that you have personal knowledge of all that OR if his attorney can elicit that from HER, you may be able to get him divorced.

    This is easier...just now thought of it: Did she file an answer? If not and the answer period has expired, ask the court if they will accept prove-up by affidavit and just default her.

    Good luck!!

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  • I was served in Maryland Court Papers from Texas for Child Custody to respond in 20 days. I couldn't find the forms to respond.

    My son came to my resident in May of this year. His mother and I have no custody rights established. I decide to keep my son. Because his mother is a victim of domestic violence and is still residing with her boyfriend, who is her abuser. She sent...

    Thomas’s Answer

    You must hire a Texas attorney ASAP. You don't want to file an answer. You want to challenge the jurisdiction and make an "inconvenient forum" argument. Those are complicated and must be done perfectly for you to have a prayer of being successful.

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  • Will this hurt him in court for his child?

    I can't do much. So people have been telling me to document everything that happens between my husband, their child and the child's mom. Like when they talk on the phone, when he sees his son etc. So she bashes my husband on Facebook like he's a d...

    Thomas’s Answer

    Words are the source of almost all misunderstanding. The more you use the more misunderstandings there are. Then posting those words on Facebook (or any social media site) only magnifies the problems.

    Two facts: First, no one cares one way or the other. The Facebook friends are probably tired of the back and forth. They just want to post pictures of their food, kids, and vacations and watch cat videos. Therefore you are not winning any hearts or minds with Facebook posts.

    Second, there are no words from you that will change reality. If she wants to bash him, she's going to do that. If her friends want to believe it, they will.

    So just leave it alone. Whether what you posted will hurt him depends on exactly what you posted. I would expect an eye-roll from the judge on that. He might consider using HER FB posts to show that she is not willing to work toward providing their child with a good relationship with both parents. That can be a factor in deciding custody. But if he's got a girlfriend who is posting the same kind of stuff, then it looks like NEITHER parent is capable of nurturing a mutual relationship for the child and that probably hurts his ability to seek primary conservatorship, if he actually wanted it.

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  • I live in Texas, how will the property be divided in the divorce?

    I found out my husband was cheating on me after 5 years of marriage and have proof. I just wanna know how our property will be divided in the divorce? He is the bread winner in the relationship, by the way. We do not have children, thankfully.

    Thomas’s Answer

    Depending on the judge, the cheating won't matter a tremendous amount in the division of assets. Most judges that I practice in front of start with a 50:50 division and then move the needle back and forth a little based on a number of factors such as infidelity, transmission of disease, ability of the spouse to provide for his or her own needs, etc.

    After a 5 year marriage, I would be surprised if there is much accumulation of community property. The only property that the court can divide is property that was acquired during the marriage, excluding gifts and inheritance. For those reasons, there may not be much to divide anyway.

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  • Married 18 years 3 kids. Husband wants divorce. Can i get alimony even if we have joint custody?

    Husband works days, i work overnight. I will take kids to and from school to my house. He picks them up after work and they sleep over at his house. We will alternate weekends. He is filing no fault. Can i receive alimony after 18 yrs of marriage ...

    Thomas’s Answer

    We don't really have alimony in Texas. We have it's poor cousin called "spousal maintenance." Spousal maintenance can only be ordered for a limited time and only if the person who wants it (you) are not able to earn enough money to pay your minimum reasonable living expenses. It's a tough state.

    On the other hand, custody and spousal maintenance aren't really connected to each other.

    What you might be better off doing, depending on how much you each earn, is asking for child support. Most people think of "joint custody" as being a 50:50 possession schedule where each parent has the children 50% of the time. In Texas, of course we don't use the word "Custody" we say "Conservatorship." In Texas Joint Managing Conservatorship is what most people get, but that does not mean they have a 50:50 deal on time with the children nor does it mean that neither parent gets child support.

    If he makes significantly more than you do and even if you do a 50:50 possession schedule, ask the court for "offset child support." In that situation, the court subtracts your income from his and sets child support based on the difference.

    I know you don't have a lot of money, but you should go talk to an attorney for a consultation. I think that there are technical details relating to a Texas divorce that you don't understand and that lack of understanding might make you take a settlement that is worse than what you have to accept. If you can't afford a private attorney, at least go to a Legal Aid intake session and meet with an attorney there for free.

    Good luck!!

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  • What type of attorney would I need to hire to pursue a restraining order and property (truck) issue with a family member?

    I bought my sister a vehicle last year with the stipulation that she would get it out of my name within six months. This never happened, instead due to mechanical issues, we traded it in on a 2014 F150. The same stipulation applied, and it has now...

    Thomas’s Answer

    If the truck is titled in your name, go get it, if you can do so without disturbing the peace (e.g. getting shot).

    A general civil litigation attorney can help you.

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  • Marrige licenes in TX

    me and my girlfriend issued the marrige licenes before 4 months and it didn't work out between us for many reasons, long story short, we didn't do any ceremony and its showing in the website that the marriage license is expired after 30 days but I...

    Thomas’s Answer


    Avvo makes us type in at least 35 characters even if the correct answer takes less than that, so here you go.

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  • I am 7m pregnant. Father decided to not be around. He also is still be legally married and in the Air Force. What can I do?

    He is Air Force Reserve and is trying to get custody of his oldest daughter and I am worried he will try to come after my baby. How can I protect myself from that are be able to get some kind of help from him for the baby?

    Thomas’s Answer

    First of all, on these facts, he's not going to get custody from you. But here is the most important advice you will get: Make absolutely sure that you live where you want to live BEFORE the baby is born. In other words, if you are in the San Antonio area but your family is more than one county away, move to where your family is BEFORE the baby is born. Once the baby is born, it is very common (although does not always happen) for the court to order that the baby cannot be moved out of the current county or surrounding counties. Lots of mom's get stuck in places they don't want to be because of this.

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  • Would I need a legal representation to reinforce documents to the attorney general that are not being enforced?

    My husband got main guardianship to his second son when he turned 13 & still kept paying child support for the oldest until he turned 18; the eldest turned 18 on 8/19/14: graduated from school in June of '14. Now we have been going back & forth an...

    Thomas’s Answer

    You should hire a private attorney right away. Private attorneys have the ability to get this fixed relatively quickly. The AG can fix it administratively, but you need to be patient when working with them. You will also be able to file a motion to collect the excess child support, but it is hard for those motions to result in actual cash being placed back in your pocket.

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