Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. Do I have a cause of action against AVVO for their bogus rating system of attorneys?

    Answered about 3 years ago.

    1. Thomas James Daley
    2. William J. Dyer
    2 lawyer answers

    Have you listed all those speaking engagements and publications in your Avvo profile? If you do that, your "industry recognition" score will go up and so will your overall score. If you can get peers to endorse you, that will help too.

    2 lawyers agreed with this answer

    4 people marked this answer as helpful

  2. Can I get Sole Custody if I already pay child support, and the child is living with me?

    Answered 4 months ago.

    1. Thomas James Daley
    2. Patricia Jessica Dixon
    3. Jimmie Lee J. Brown Jr.
    3 lawyer answers

    Yes, you can win this suit. You will not have to pay child support and you will have custody of your child. The first thing you need to do is hire an attorney who can domesticate the out of state order then file a suit to modify it. You should seek temporary orders abating your child support obligation based on the fact that the child is living with you. Good luck!!

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  3. What actions can i take if my child father is exempt from paying child support because his only income is ssi?

    Answered 5 months ago.

    1. Thomas James Daley
    2. Jonathan Lee Stovall
    3. Dana Palmer
    3 lawyer answers

    SSI is not counted in the obligor's income for determining child support. Tex. Family Code section 154.062(b)(5). Therefore, his income would be zero and his child support would be zero. I would send discovery requests for his bank statements and ask the court to compel him to sign an IRS form 4506-T so that you can get a transcript of his tax returns for the past couple of years just to make certain that SSI is the only income you can find out there. Good luck!!

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  4. The day school is dismissed for holida. The Friday before weekend of holiday, or the Monday of the week school is out?

    Answered 6 months ago.

    1. Thomas James Daley
    2. Golnar Sargeant
    2 lawyer answers

    It means that you look at the last day the child is in school before the holiday and the other parent gets the child at 6pm on that day. So, if the holiday is Thanksgiving and the child is out that entire week, then the Friday before Thanksgiving is the day the child is dismissed from school, so the other parent would get the child at 6pm on that Friday. Think of it this way: You're in school, waiting to go home, and finally the bell rings and the teacher says, "You are dismissed." No one...

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  5. My ex wife wants to hold my son back from attending Kindergarten. What legal course of action do I have?

    Answered 11 months ago.

    1. Thomas James Daley
    2. David Christopher Hardaway
    2 lawyer answers

    You've asked two questions: First, can she determine when he begins Kindergarten? Based on the facts you've given, yes, she can. If you feel strongly enough about it, you could file a suit to modify the parent-child relationship and see if you could get the court to give you that right. But you would lose that lawsuit. Second, can she pick the childcare provider/preschool facility? According to the facts you've provided, it sounds like you have a say in that. Just note that these are two...

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  6. Trouble trying to get the Texas Attorney General to consolidate my child support in with Pro Se divorce case. Can do it myself?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Thomas James Daley
    3. Marissa Lyn Balius-Uribe
    3 lawyer answers

    Draft a motion to consolidate AND draft and order consolidating the cases. Send the motion and proposed order to the AG. They will sign the order indicating their consent, which you can present to the court and the court will sign it. If the AG won't sign your proposed order, then file your motion and send the motion and order to the court with a cover letter asking the court to sign the order if there have been no objections received within 5 days. The court may sign the order then....

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  7. What happens when one spouse files for divorce in a state, and a week later the other spouse files for divorce in another state?

    Answered over 2 years ago.

    1. Thomas James Daley
    2. Christopher Jay Harding
    3. M Elizabeth Foley
    3 lawyer answers

    You filed first. If you have NOT been served with papers from the MD divorce, then it is not really pending against you. If you have been served, then you need to file a motion to abate the proceedings in MD by showing the court that a similar dispute between the same parties is being decided in another jurisdiction. (You will need an MD attorney to do this for you.) The court in MD will abate its proceedings until the TX divorce is finalized or dismissed. Once the TX case concludes, the MD...

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  8. Can I get help with child support for my son attending university

    Answered over 2 years ago.

    1. Thomas James Daley
    2. Jaclyn Yvonne Roberson
    3. Christopher Jay Harding
    3 lawyer answers

    The other answers you've been given are correct. One additional point to consider is that if she did not actually make each and every payment as ordered, you can sue to collect those payments now. However, if she made all her payments, then her obligation is over. If you want to agree to let your daughter live with her mom, that's fine. But if you don't agree, you should consult with a local family law attorney. Maybe you can win the conservatorship battle. If you can't afford an attorney,...

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  9. Is my marriage valid?

    Answered over 2 years ago.

    1. Thomas James Daley
    2. Angelina Maria Monte Zinn
    3. Dawn Anne Renken
    3 lawyer answers

    Every marriage in Texas is presumed valid. (Texas Family Code section 1.101 and 1.102) To overcome that presumption, one would have to show by clear and convincing evidence that there is some impediment to validity. In this case, his wife was an impediment to your marriage being valid. However, as soon as the impediment is removed, the marriage becomes valid as of the date the impediment is removed. In your case, the impediment was removed on the day his other wife died. Your marriage became...

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  10. Do I have to file for child support when I file for a divorce?

    Answered almost 3 years ago.

    1. Thomas James Daley
    2. Maria Alicia Lackey
    3. Christopher David Bellamy
    3 lawyer answers

    Do NOT fall for that. If he's willing to pay, what's the difference between paying through the state or paying you directly? Also, I can tell from your question that you need an attorney ASAP! If you not at least consult with a local family law attorney, you are going to deeply regret the outcome of this case and you will regret it for many, many years. I'm not trying to scare you to drum up business for my brethern in Beaumont--it's absolutely clear from your question that you are...

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