Skip to main content
Thomas James Daley

Thomas Daley’s Answers

3,038 total

  • Do I need to continue paying child support for my son who is earning money?

    My ex wife opened a DBA under my son's name and she is receiving income. I've been doing research and it appears that she has been doing this since he was in elementary school?

    Thomas’s Answer

    Yes. You can't quit paying child supprt until one of the events specified in the child support order occurs or a new court order terminates your obligation to pay.

    See question 
  • Sarah was married to an abusive USC 2009 who had her come to USA on F1 and separated in 2010. He was already married till 2014.

    Names changed to protect anonymity: Sarah married a US citizen (Danish) in 2008 (marriage ceremony in Pakistan) who had her apply for an F-1 visa to come to USA. After she came to US, he was very abusive and got separated (not legally) in 2010 as ...

    Thomas’s Answer

    As I understand it, Sarah and Danish never divorced. If that's true, he and she are married under Texas law. Her marriage would have sprung to life the day Danish divorced Celina. To prove this, she'd need to have proof that they were married, presumably there is some documentation or contract from the marriage ceremony in Pakistan that could be used to establish the marriage.

    So on to your questions:

    1. SUE FOR DAMAGES. The first thing you have to be able to explain to the judge is, what are her damages? In Texas, these will have to be specific and economic in nature. There are some other legal theories she could consider, such as quantum meruit, unjust enrichment, etc. but she would need very specific facts to support such claims and a really good attorney.

    2. SEND HIM TO PRISON? One can only be sent to prison through the criminal process. That means the DA has to file suit against him. The DA will file suit if a grand jury indicts him. The grand jury will consider the case only after the police investigate a crime. So the question is: What crime has he comitted that would result in jail time? You've mentioned the crime of family violence and noted that there has been police action (back in 2010). What is the status of that criminal investigation?

    3. WAS IT FRAUD? Concealing the marriage was fraudulent, but, again, she has to answer the question, "So what?" What are her damages? Again, there could be a very good answer to that question, particularly, for example, if she helped him build his business and now has nothing to show for it.

    4. GREED CARD STATUS? I have no idea. I only practice family law. You might want to repost that part of the question under Immigration law.

    The bottom line is that she needs to invest in a consultation with a good family law attorney in her area. Don't be fooled by free consultations. Good attorneys are busy and busy people get paid for their time. But a consultation fee between $250 and $400 is an excellent investment. Worst case, the attorney will ask about 1,000 questions and explain all her rights and remedies to her. Best case, is that in the consultation meeting, they identify some causes of action that could bring her some real benefit. I don't know that there's much for her to gain in this case, but it's worth a consultation to figure it out.

    I'm glad she has good friends like you to help her out.

    Good luck!!

    See question 
  • I need a lawyer to help me with child suport jugement

    State of texas

    Thomas’s Answer

    Lawyers on Avvo are not allowed to solicit business, so you're not going to get much in the way of help here. Use the "Find a Lawyer" feature and look for an attorney who has extensive experience collecting and defending child support. Enforcement is very technical, so find someone who only handles family law.

    See question 
  • How many times during a summer possession can the custodial parent get his son?

    We sent out the request before the 15 of April for my boyfriends visitation who is the custodial parent in the summer vacation with the child's mom but I was reading a question on here but I am not sure if I understand it but my ? Is how many time...

    Thomas’s Answer

    I think you are asking how many times your boyfriend gets to interrupt his child's mother's summer period of extended summer visitation. If that's the question, then it depends on a number of factors.

    First is whether he has a standard possession order in place in his orders. If not, then we'd have to read the actual order to know the answer to your question.

    If yes, then we'd need to know whether mom lives more or less than 100 miles from dad. If 100 miles or less from dad, then she will have the children for 30 days and dad can interrupt that once. If she lives more than 100 miles from dad, then she will have the children for 42 days and dad can interrupt that twice.

    Note that if the order is completely standard, he has to go pick the child up and return the child during these interruptions. She does NOT have to meet him anywhere.

    There are a number of alternate scenarios such as if she breaks her visitation down into more than one long period, etc. So take this answer for what it is: An explanation of how things work under a plain, vanilla standard possession order.

    See question 
  • Can a family attorney help me?

    I currently have an order set that was rendered by the judge during my divorce. I didn't have a lawyer and was at odds in every way. I have never abandoned my child, we have always shared custody, even before the divorce was final. However, becaus...

    Thomas’s Answer

    I'm sorry that you're having to go through this.

    I don't think there's anything that can be done to overturn an order from 5 years ago. However, in Family Court, nothing is ever over . . . at least until the last child turns 18.

    Here are two things for you to consider:

    If dad is not allowing you to see your child as much as the final decree says you can, you can file a motion to enforce the possession schedule. Enforcement is a very technical process and if you don't do it exactly correctly, with a good attorney, he can get out of it. For starters you need to be able to list specific dates and times that he failed to let you have your child and be able to prove that you were at the place at the time prescribed in your decree for the exchange of your child. If you can't prove that just yet, your attorney will give you some pointers on how to develop the evidence you need to enforce the possession order.

    An order for conservatorship, possession & access, and support can be modified at any time if you can show that there has been a material and substantial change in circumstances involving the child, you, or the dad AND that the change you want to make is in your child's best interest. This does NOT give you the chance to rehash what went on prior to the divorce. The law loves finality more than it likes once a set of facts is or should have been before the court, they are done.

    What you'd have to do is show how things have changed since the date the divorce order was signed so that you should have primary conservatorship, more possession time, pay less child support, etc. Again, there are some very technical requirements for making this happen and it's not as obvious to judges as it is to when a change should be made. You'll want to have a family law attorney help you through this. People who represent themselves in modification trials ALWAYS lose. Not because they don't deserve changes, but because they don't know the very subtle, technical rules that have to be followed in court.

    Again, sorry you are paying the price for not being more aggressive during the divorce. Go invest in a consultation with a good family law attorney, law out all your facts, and get some advice that is closely tailored to your exact fact situation.

    Good luck!!

    See question 
  • I received a child support letter saying I have to file for child support. I don't want to file, but do I have to?

    Child support sent me a letter saying I have ten days to file to get child support from my daughter's dad. However, her dad and I have worked things out and are moving in together soon. Do I still have to file for child support as the letter stated?

    Thomas’s Answer

    • Selected as best answer

    Not if you move in together. But if you don't file for child support, the State of Texas can file anyway in order to protect the interests of the people of the State of Texas in making sure that children are properly supported by their parents.

    See question 
  • Easter visitation?

    Is eater weekend considered an extended holiday weekend?

    Thomas’s Answer

    YES, if the children are out of school on Friday and/or Monday. Otherwise, NO.

    See question 
  • Are half-siblings considered in custody

    My husband has two children from a previous marriage (boy, age 12 and girl, age 14) and his ex-wife is primary custodian of them. His ex-wife remarried and has two girls, ages 7 and 3 (half-siblings to his children). The boy has requested to live ...

    Thomas’s Answer

    I agree with the other two attorneys. In addition, I would point out that, for the most part, judges don't care what 12-year-olds want. I know the statute says that a child 12 years an older can express his wishes to the judge, but the judge won't care until the child is closer to 17 years old. That's because when parents fail to resolve their own conflicts over the best interest of their children, we have to pay judges to solve our problems for us...and judges will look at the totality of the circumstances, including extended family relationships, when making the decision.

    You could file suit and ask for a social study and see what comes of that. A social study can be very persuasive to the court.

    See question 
  • I have a geo restriction to stay in TX, but I am from WI, and am in danger here with custodial father. How can I move back home?

    I am a single mother of an 18 month old girl, and the biological father has joint managing conservatorship. The order was written almost a year ago, and restricts me from anywhere outside of Texas. I have since been found in contempt of the order ...

    Thomas’s Answer

    • Selected as best answer

    LIke I said...time for a new attorney. File a motion to modify the parent-child relationship. If has done any of those despicable, violent acts SINCE the date of the last court order, then you have the basis to modify the order. If those acts all PRECEDE the date of the last court order, then the court will probably not take them into consideration.

    Also, you can't end harassment. It's too vague of a problem. What you have to do is identify each and every way that he harasses you and shut them down one at a time. For example, you might say that he harasses you through text, email, and the phone. If that's true, shut him down. Tell him you are no longer accepting text messages, email messages or phone calls from him UNLESS the are made while your daughter is in his possession. When she is in YOUR possession, tell him to write you letters. Alternatively, you could subscribe to and let him know that all non-emergency communication between the two of you will occur there. You have to communicate with him (unless there is a protective order in place), but you do NOT have to let him dictate the terms of that commuication.

    If he harasses you at your home or office by being in aplace where he does not have the legal right to be, then call the police and have him hauled away.

    You need an attorney who can help you follow the discipline of breaking down a big, unsolvable problem into smaller, solvable problems.

    Good luck!!

    See question 
  • What do I do to ensure my voice gets heard with a custodial arrangement for parentage and the other parent raped me?

    I am going about trying to work out an already written custodial order, for joint managing conservatorship, with a man that has sexually and physically assaulted me, stalked me, and harasses me daily. I am stuck with a lawyer who doesn't seem to h...

    Thomas’s Answer

    Dad's past violent history is absolutely relevant. And if he was convicted of or received deferred adjudication for any of this within the past 2 years, the court MAY NOT appoint him as a joint managing conservator unless the court figures out a way to protect the child from violence.

    Time for a new attorney. You might not even have a bad lawyer, but you clearly don't have the right lawyer for you.

    See question