Thomas James Daley’s Answers

Thomas James Daley

Dallas Divorce / Separation Lawyer.

Contributor Level 18
  1. My boyfriend received a assault to a family member doing bodily injury from me and i want to drop the charges.

    Answered over 1 year ago.

    1. Thomas James Daley
    2. Katherine Ellen Shipman
    3. William Peter Daley
    4. James Regan
    4 lawyer answers

    Women in violent relationships leave one of two ways: Voluntarily on their feet or involuntarily in a body bag. Please get some counseling from a shelter for battered women before you let him off the hook. I know you think you know him well enough to make this decision, but I promise you that you don't. Every boyfriend that has killed a woman or her child has had a "first time" that he beat someone. Please be careful. Mr. William Daley's response to your legal question was accurate....

    4 lawyers agreed with this answer

  2. How do I get support payments adjusted after a divorce is final? Especially when they are excessive.

    Answered over 1 year ago.

    1. Rita Hecker Anderson
    2. Thomas James Daley
    3. Lucy Magness Hebron
    4. Diana Elizabeth Buss
    4 lawyer answers

    CHILD SUPPORT There are two provisions in the Texas Family Code having to do with modifying child support. If the child support was substantially in compliance with child support guidelines at the time the order was signed by the court, then either of you can seek to modify child support to bring it back into compliance with guidelines if you have a change in income. Under this scenario, if your income goes up, she can ask fr more; if your income goes down, you can ask to pay less. The change...

    4 lawyers agreed with this answer

  3. Do I have a cause of action against AVVO for their bogus rating system of attorneys?

    Answered over 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

  4. How can I get custody of my grandchild her mother my daughter is deceased and the alleged father has custody of her.

    Answered 5 months ago.

    1. Thomas James Daley
    2. Maria Sara Lowry
    3. Mack J. Travers
    4. Dorothea Elaine Laster
    5. Jacqueline R. Kriebel
    6. ···
    6 lawyer answers

    "Standing" means having the right to file an initial suit. You probably don't have standing (unless an attorney down there can help you establish standing under Texas Family Code 102.004). However, because the suit has already been filed, you can intervene in the suit. If you can prove to the judge that the child's present living situation will almost definitely result in severe harm to the child's physical safety or emotional development AND that living with you is the best alternative, you...

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

    Answered 10 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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  6. What actions can i take if my child father is exempt from paying child support because his only income is ssi?

    Answered 11 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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  7. The day school is dismissed for holida. The Friday before weekend of holiday, or the Monday of the week school is out?

    Answered 11 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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  8. My ex wife wants to hold my son back from attending Kindergarten. What legal course of action do I have?

    Answered over 1 year 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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  9. Trouble trying to get the Texas Attorney General to consolidate my child support in with Pro Se divorce case. Can do it myself?

    Answered about 3 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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  10. 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 about 3 years ago.

    1. Thomas James Daley
    2. Christopher Jay Harding
    3. M Elizabeth Gunn
    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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