Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. How long do I have to be married in Texas for my husband to adopt my son?

    Answered 12 months ago.

    1. Howard M Lewis
    2. Christopher Jay Harding
    3. Kathleen Rolston Robbins
    3 lawyer answers

    Under Texas law you have grounds to terminate the parent-child relationship with bio dad, then have your husband adopt. It isn't an easy road. You would need to domesticate the Oregon order, then have bio dad served wherever he is, then proceed with the termination here in Texas. If you are able to complete the termination, and that is not always easy, even with the facts you state here, then you can start the adoption process. Bio dad may be interested in not having to pay child support,...

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  2. IS THERE A DEAD LINE IN SEEKING BACK CHILD SUPPORT EVEN IF THE OTHER PARENT HAS NEVER PAID THE COURT ORDERD SUPPORT PAYMENTS

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. James Ryland Miller
    2 lawyer answers

    Yes - if you are seeking contempt, it is two years after the child hits 18 or the support terminates. Contempt is jail time. If you are simply seeking the money, you get 10 years from the child's 18th birthday or the date the support ceases in the order. You might as well move on it... you are going to have to serve the obligor and figure out how he is going to pay it... there are few people that can pay that kind of money all at once, but some sort of payment plan could be arraigned, and...

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  3. What would I need to gain complete custody of my son in the state of Texas?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Christopher Jay Harding
    3. Vicki Elaine Wiley
    3 lawyer answers

    I think you mean denying all visitation. There are two ways - the first is very hard. Terminate his parental rights. It is hard because it is against the public policy of Texas (in most cases) to destroy the relationship between a father and son. However, you have the facts that may lead to a termination. At that point, no visitation would occur, the father would no longer have any rights or visitation whatsoever and be unable to get them back in the future without your agreement, and...

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  4. I took my son on a cruise to Mexico and I didn't think to tell my ex-husband. Texas. Can he file contempt and i be penalized?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. M Elizabeth Foley
    2 lawyer answers

    You can be penalized, but the court taking your son away is pretty harsh and unlikely to happen unless this is something you do all the time. You might get fined or have to give him make-up time, which is reasonable. More likely your husband is just threatening you. If he files, hire an attorney. Otherwise, blow him off and follow the decree going forward.

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  5. What are my options legally?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Mary Katherine Brown
    2 lawyer answers

    You are within your rights to do that since the order says by agreement. Get ready for her to file a motion to modify. If she does, hire an attorney.

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  6. Husband didn't sign divorce-agreement as he wasn't agreeing w/ some of the provisions in it. Will wife get default judgment?

    Answered about 2 years ago.

    1. Christopher Jay Harding
    2. Ophelia Genarina Bernal-Mora
    2 lawyer answers

    I answered your new post. Really, it appears you just need to get the divorce done. You can go ahead and file an answer and she will not be able to default you without giving you notice of a final trial setting and then you failing to appear for the setting. If you cannot agree on the terms of the divorce, a final trial will be necessary.

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  7. How can I revocate my forced but signed mediation agreement?

    Answered almost 3 years ago.

    1. Christopher Jay Harding
    2. Curtis W. Harrison II
    3. Jonathan Lee Stovall
    4. Michael J Corbin
    4 lawyer answers

    You need to file a motion to revoke mediated settlement agreement and set a hearing so the Judge can hear the situation. Under the facts presented, this will probably be denied and a decree entered along the lines of the settlement. If the decree is already done, you have to file a motion for new trial within so many days, but again, it is highly unlikely to succeed. Unfortunately, it sounds like the hard truth was given to you late in the game, and you accepted it as stated by signing the...

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  8. Hello.. I am getting divorced .. I am wondering what will be implications on me if my spouse fails to file tax for 2011

    Answered about 3 years ago.

    1. Christopher Jay Harding
    2. Pamela Koslyn
    3. Stephen M Trezza
    3 lawyer answers

    Without anything more than the decree, the IRS might be able to come after you as well. The IRS may provide a form that clarifies your obligation if both you and your soon to be ex spouse sign off - I'm not sure. Have you searched the IRS website?

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  9. If I file for a divorce after less than 4 years of marriage, do I owe her anything financially?

    Answered 11 months ago.

    1. Christopher Jay Harding
    2. Maria Tsao Tu
    2 lawyer answers

    You owe a 'just and right' share of the community estate. We normally look at 50% as a starting point. The Courts see your situation as just 'a condition of the marriage,' normally. Which means she is still entitled to 1/2 of the income for those 3 plus years. Fortunately for you, it appears that those monies were spent, so that income is not there to divide. To make sure, go get bank statements and financial statements from right before your marriage and all the way up to today. (The...

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  10. My name is written wrong on the letter from collection agency, can this allow me not to pay the money.

    Answered 12 months ago.

    1. Christopher Jay Harding
    2. Amy Elizabeth Clark Kleinpeter
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    A name error is an easy correction, and not fatal. You need to talk with the manager directly, and dispute the debt with the collection agency immediately. If they continue to pursue it, you may need to hire an attorney to put it to rest. Otherwise this could start to affect your credit, which you don't want to happen.

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