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Nathan Templeton Anderson

Nathan Anderson’s Answers

46 total

  • If I give my rights towards my child will I still need to pay child support?

    I live in Texas & my daughter In Florida with her father & step mom, she end up sueing me! I was already paying child support but, now I got a letter saying I have to pay more! I'm so frustrated with this, I'm not allowed to talk to my daughter &...

    Nathan’s Answer

    The duty of support owed by a parent generally ends when the parent-child relationship is terminated by court order. Also termination of the parent-child relationship usually supersedes any existing orders for child support. Voluntarily terminating your parental rights is an extremely serious matter and you should carefully consider its consequences. In addition to ending the duty to support your daughter, voluntarily terminating your rights ends most other legal rights and duties. There may also be other methods for relief available to you without having to terminate your parental rights such as seeking a reduction in your child support obligation. You should definitely contact an attorney before making the decision to voluntarily terminate your parental rights.

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  • My ex-husband and I were divorced several years ago while he was in prison. We have 3 daughters together.

    He has never paid child support because he would not sign the divorce papers unless that portion was left out. How can I get child support? I've turned him into the Child Support Office in Plano, TX several times, but nothing has been done. My ...

    Nathan’s Answer

    In addition to having the Attorney General go after your ex-husband, you can also bring a lawsuit to enforce the terms of the child support provisions contained in your divorce decree. There are several different methods of enforcing the child support order that you can ask for. Here is a list (in no particular order) of the remedies:

    1. Contempt (meaning you can have your ex thrown in jail until he makes good on his child support payments);
    2. Confirmation of arrearages (this is where the court renders a cumulative money judgment for child-support arrearages);
    3. Child support lien (this places a lien on all real and personal property that is owned by your ex and that is not exempt under law);
    4. Levy on financial institutions (this freezes your ex's financial accounts until the financial institution pays the child support arrearages from his accounts); and
    5. License suspension (this suspends your ex's drivers license and any occupational licenses he may hold).

    I hope this helps. Good luck!

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  • In TX, Will it be held against me if I get another woman pregnant before my divorce is final?

    I've been seperated for 4 months and now my and girlfriend and I are expecting unexpectedly. What should I do?

    Nathan’s Answer

    Texas is a no fault divorce state which essentially means that neither party necessarily has to prove the other did something "wrong" causing the divorce. However, fault grounds often arise in divorce proceeding and the court will consider them in dividing the community property. The division of property under the Texas Family Code has to be "just and right" - not necessarily a 50/50 split. Because you are still married until the court enters a final decree of divorce, you have technically committed adultery which is a fault based ground under the family code.

    The court will take the adultery in consideration when dividing up the community property. Certain counties consider adultery more heavily than others when dividing up the community estate so it is possible it might be "held against you" and a disproportionate division of the community property results.

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  • Custodial Parent Seeking Full Custody - Have not heard from "dad" in over 6 months.

    In a nutshell, I had to track my ex-husband down after he disappeared one day. I found him about 6 months later. I sent him the divorce papers and he signed but would not agree to supervised visitation. We have been divorced since Dec 2008. He has...

    Nathan’s Answer

    You should consider bringing a suit to terminate the father's parental rights. Under the Texas Family Code, to terminate the parent-child relationship, the court must find clear and convincing evidence (this is higher than other levels involved in family law cases) supporting at least one of 25 grounds for termination set forth in Chapter 161 of the Texas Family Code.

    The 25 statutory grounds can generally be broken up into five broad categories: (1) the parent consents to termination; (2) the parent abandons or does not support the child; (3) the parent endangers the child; (4) the parent engages in criminal conduct; and (5) the parent is otherwise proved to be unfit.

    Based on the limited facts you stated, one possible ground applicable to your situation is that the father abandoned the child and did not pay child support. What is unclear from your facts is how long the father has not paid child support for your son. In order to use this ground as a basis for termination, the father has to have not paid child support for at least one year.

    I hope this helps. My firm has defended and prosecuted termination of parental rights cases in Dallas, Collin, Tarrant and Denton Counties.

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  • Father seeks custody & to amend order of support; Mother in Jail. Drug & Alcohol issues. Grandparent blocking us in court.

    An unmarried couple has twins born 10/2008. There is an order of support 5/09 w/o visitation. Father is paying, working, sober, responsible. Mother went to jail 9/9 for probation violations. Father filed 10/5 to amend order of support and to get...

    Nathan’s Answer

    My firm has handled and defended suits for grandparent access and possession to a child. In order for a grandparent to be appointed a conservator of a child and be appointed access and possession to the child, the grandparent is required to show: (1) that at least one of the child's biological parents has not had that parent's parental rights terminated; (2) the child's physical health or emotional well-being would be significantly impaired if the grandparent's possession were denied; (3) the grandparent is the parent of the child's parent; and (4) at least one of the following is true about the grandparent's son or daughter who is the child's parent: (a) the child's parent has been incarcerated for at least three months before the petition was filed; (b) the child's parent has been declared judicially incompetent; (c) the child's parent is dead; or (d) the child's parent does not have actual or court ordered possession of or access to the child.

    Based on the limited facts you stated, there appears to be a valid challenge to the maternal grandmother seeking appointment as the twins' sole managing conservator. Please don't hesitate to contact my firm if you'd like to schedule an in office consultation.

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  • Items were stolen and not given back by a family member, what do we do?

    my friend was kicked out from her sisters house where she was living and her sister refused to give her belongings back. We have evidence that her sister has those things and that those things are my friends. My friend at first was pursuing crimin...

    Nathan’s Answer

    It is important to differentiate between two different types of lawsuits. First, there is a criminal action which is prosecuted by the State of Texas against an individual who committed a crime. Second, there is a civil action which is prosecuted by the individual who suffered the harm. In your case, it sounds as if the only legal remedies your friend considered were criminal in nature. That being said, your friend is entitled to bring a civil action against her former roommates for the civil equivalent of theft - conversion. As far as mental damages, in Texas it is quite difficult to recover for emotional pain and suffering in the absence of a physical manifestation of the symptoms. Additionally, unless your friend sought the care of a physician or mental health professional the burden required to collect mental damages is quite significant. Even if your friend isn't eligible to collect mental damages, she is entitled to recover the cost of the goods that were wrongfully taken by her roommate's sister.

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