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Thomas James Daley
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Thomas Daley’s Answers

3,011 total


  • How can I calculate the child supporfor three kids if my monthly earnings is 2400 before taxes??

    Planning to have a divorce for cheating on her part

    Thomas’s Answer

    I have a better child support calculator: http://www.jdreview.com/cscalc.htm

    As per that calculator, assuming you are not paying anything for health insurance for the children, guideline child support on your gross of $2,400 would be $607.45.

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  • When interest is charged on back-owed child support who does the extra money go to? The custodial parent or the state?

    My ex had his tax refund seized at the tune of about $830 but all I was given was about $430. This was for a period of 1.5 months when he was between jobs. The monthly support that is ordered is $490/mo and his medical support payments are only $1...

    Thomas’s Answer

    If your child is on Medicaid, the state is entitled to some of that child support--the cash medical portion. Maybe that's what happened. Maybe your ex lied about how much was seized. Maybe your ex has other children being supported. There are lots of reasons besides the state "pocketing" the money, which is the least likely explanation.

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  • In child support cases, can a custodial parent still claim child support if the child (20) is getting SSI?

    custodial parent had gotten child classified as mentally retarded and receive monetary benefits for a short while that the child never received. child gets high school diploma, has two children and of which the father lives with said child in thei...

    Thomas’s Answer

    Notice of Nonsuit means the person who filed the lawsuit is asking the court to dismiss it.

    If you want to get out of paying child support, just file a motion to modify your child support obligation and show that the child is living independently.

    The rules of evidence are complicated. If you are going to trial, get an attorney to go with you. If you can get your child support obligation terminated, that will pay for your attorney's fees several times over, considering the current obligation is open-ended.

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  • Question on Expanded Possession Order for the summer

    Here's what it currently reads in my divorce decree regarding the weekends. The order stated "Weekends - On weekends that occur during the regular school term, beginning at the time the child's school is regularly dismissed, on the first, third...

    Thomas’s Answer

    Yes.

    If this is a plain-Jane standard possession order, you are also entitled to either 30 or 42 days during the summer. The other parent is entitled to interrupt that extended summer visitation once or twice (depending on whether it's 30 or 42 days) and take one of your 1/3/5 weekends that falls outside of the extended summer possession.

    It's a little complicated to get through in that first year.

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  • My ex is demanding more time for his summer visitation than what is stated in our final decree. Can I say no to this?

    I have an almost 2yr old son. He is on a ramp up schedule. Per our decree my ex gets our son for extended summer visitation for 28 days, in separate 4 periods, of no more than 7 days at a time. He sent me a schedule for 31 days, which is not even ...

    Thomas’s Answer

    You have a nonstandard order, which I'd need to look at in order to give you any advice. You should fax/email your order to a good family law attorney and pay for an hour of time to get advice carefully tailored to your exact facts.

    Until an attorney looks at your paperwork, the only advice you're going to get is "follow the order." But what you're saying is that you don't think you can abide by it because he's going to break the order. I hear you. I just can't be of much help to you without looking at the order itself.

    Good luck!!

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  • How do I live with my dad in Dallas if my mom won't let me .

    I'm a 15 years old girl and I'm tired of my mom ,she is always yelling and treating me like I'm Cinderella , every single day its the same thing come home get yelled at clean and clean some more and go to bed . I have no freedom to do anything her...

    Thomas’s Answer

    Your father would have to file a Petition to Modify the Parent-Child Relationship asking the court to permit you to come live with him. At your age, there is a good chance the judge would do what you ask.

    I always find these questions to be heartbreaking because your next step is for you to go talk to your dad about it. He may not be up for the legal hassle or expense to make this happen.

    Be strong...

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  • Can someone please give me advice on this situation...

    What would an appropriate supervised visitation schedule look like? The father of my child is seeking custody of our child whom he has never seen NOR paid support for- (yes- pretty funny) - the child just turned one. We have a mediation scheduled ...

    Thomas’s Answer

    Judges are all over the lot on this. Some will order 50:50 until the child turns 3. Some will order a stair step schedule for a while. Just two weeks ago, under almost identical facts (except the other parent lives in Florida), I saw a judge order 3 months here and three months there until the child starts school. That's not a normal order by any stretch...but it can happen.

    What is your basis for seeking supervised visits? Just saying the child has never stayed over night or alone with dad is not legally sufficient.

    If there is not violence or drug use or other dangerous facts that you have personal knowledge of, I'd consider something like this:

    1. A couple of weekends where dad comes to Texas, stays in a hotel, and keeps the child from, say, 8am to 4pm on Saturday and Sunday.

    2. A couple of weekends where dad comes to Texas, stays in a hotel, and keeps the child from 8am Saturday until 6pm Sunday.

    3. Then I'd let him have the child for either one weekend a month or one week every other month, with standard holidays, until the child is school age. Once the child is school age, then a standard possession order for parents living more than 100 miles apart.

    If you are going to mediation and one or the other or both of you do not have attorneys, it's going to end badly for one of you.

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  • Do I have to give visitation rights

    my ex wife hasn't complied with our order and has been cough several times in lies. The ad Liam says everything is ok with the kids but hasn't talk to the kids and will not answer their calls or return their calls. Do I still have to give her visi...

    Thomas’s Answer

    Yes, you have to follow the court's order.

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  • My ex denied my visitation at 6:00PM the night before the kids returned to school after Spring Break. The order reads ....

    The order reads: “Spring Vacation in Odd-Numbered Years- In odd numbered years, beginning at the time the child’s school is dismissed for the school’s spring vacation and ending at 6:00PM on the day before school resumes after that vacation.” ...

    Thomas’s Answer

    If dad has an expanded standard possession order under which his weekend visitation normally ends when school resumes on the Monday following his weekend, then no you were not entitled to pick the kids up at 6pm on Sunday.

    The reason is this: His Spring Break visit ended at 6pm on Sunday. So at 6pm, the question is, under the court order, who then has the right to possession of the child. Because it was a third weekend, he had the right to possession until school resumed the next day **IF** he has an expanded standard possession schedule.

    If Spring Break had ended on a 2d or 4th weekend, you would have been entitled to have the children at 6pm on Sunday.

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  • Does my child continue to attend the same daycare during summer visitation with his father?

    The courts have allowed me to decide which school my son will attend. My son is only 2 1/2 and attends daycare. When his father gets him for his summer vacation does he continue to go to the same daycare or is he legally able to change it without...

    Thomas’s Answer

    It depends on your order, but in all likelihood, the father has the right to do whatever he wants during his possession time. If the father needs a place for the child to stay while the father is at work, it would make sense, perhaps, for him to use the same daycare, depending on how far father lives from the daycare. Otherwise, it would make sense for father to seek childcare closer to father's home.

    Is the enrollment fee more or less than a month of daycare?

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