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Christopher Jay Harding

Christopher Harding’s Answers

1,153 total


  • Can my sons father get custody of him even though he hasnt been in his life for the past year?

    i live in dallas, but went to school in houston on tues-thur. i no longer attend school in houston. i have been home. when i put the dad on child support he now says he wants temp custody of our son because of that.

    Christopher’s Answer

    He will probably not get custody, but he will get visitation. If you want to make sure you get the best outcome and limit visitation (if that is what you want) you should hire an attorney. Custody battles are tough, and each decision and each court appearance is important.

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  • Spousal support? - together for 12 years but only married for 9

    My wife and I have been together for over 12 years but only married for 9. She has not worked in over 9 years. She chose to be a stay at home mom. I have never been convicted of anything. She voluntarily moved out about a month ago and took the ki...

    Christopher’s Answer

    The court will not award spousal support under Texas law. However, the court may award her a disproportionate share of the money (like 60/40) to "help her get on her feet." You need to hire an attorney to make sure that does not happen, and that the facts are properly presented to the court that she does not work, can work, but chooses not to work and therefore is not and should not be entitled to receive a disproportionate share of the community assets.

    Many attorneys do offer free initial consultations. I suggest sitting down with one and discussing your case to see what works best and what outcomes you should expect. Good luck.

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  • I had my divorce in GA with settlement

    I had my divorce in GA with settlement,but i still have a cemetary in california as we used to live there before we moved to GA and this cemetary still under our both names.,my Q is what i should do to sell this one ,and i want to sell the cemetar...

    Christopher’s Answer

    As an asset (it does have value) not divided upon marriage, if it wasn't disclosed, a court in Texas could go back and award it or a portion of the value to either party. I'm not sure what GA would say.

    It certainly sounds like you could sell it and split the proceeds or offer to sell it to your ex. Good luck.

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  • 401k of community property

    Am i entitle to my husband 401k as a community property, if so, how can i access that if i want to hire a lawyer? I know what bank his 401k is but am i entitle to get some sort of info just to paid my lawyer for divorce and child custody

    Christopher’s Answer

    You are entitled a portion (typically half) of the 401k generated during the marriage. You can access those monies with a heavy penalty prior retirement with a qualified domestic relationship order or by having a court order your spouse to pay monies out of it to you or your attorney. Typically the Court will only order attorney's fees be paid out of it and you get a portion upon the divorce being finalized.

    An attorney can help you do this. You need to call your spouse's place of business and try to get the retirement info. If that does not work, and you can't call the manager of the 401k, an attorney can subpoena the records or request them through formal discovery.

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  • I am living in Brazil and have been divorced legally here. Do I need to have it recognized in Texas/USA where I was married?

    I'm just curious if my marriage is still active in the USA/Texas where I was originally married, after being legally divorced overseas? If so, what do I need to do as an overseas resident, to have it recognized in Texas, if I am no longer a resid...

    Christopher’s Answer

    There really is no need unless your spouse is still in Texas and you are worried about that spouse attempting to claim you are still married. If so, you need to get it registered in Texas, typically in the county you last lived in or the county where your marriage license is.

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  • What do I need to do in Texas to adopt my nephew?

    His mother gave him to me days after he was borned in Indianapolis, Ind. He will soon be 10. I would like to adopt him. What are the steps I can follow?

    Christopher’s Answer

    You need to attempt to terminate the rights of one of his parents, first, so you can step into their shoes. Then file an adoption case. This isn't easy to do without an attorney and their are a lot of hoops to jump through. You would be better served to hire someone to help you through the process.

    Congrats on choosing to formalize the situation, and good luck.

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  • My kids dad has his bus. inc'd & has been lying about what he brings in.How do I get it modified? can they go bk & make him pay?

    My c.s. in Jan. just went from $426? to $729 for 2 kids. He has owned his business since 2000 and makes a lot more money than he tells the attorney general.

    Christopher’s Answer

    You cannot go back. As long as he pays what he is ordered to pay, that's it. You need to (and it sounds like you already did) file to get a new order to up the child support amount.

    You might want to take your paperwork to an attorney and pay them to review the documents to make sure you are actually receiving the proper amount now, even after the office of the attorney general does their job. Good luck.

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  • Community proprety and child issue

    I live in texas and need to know that do my husband have a right fight for joint custody and he works two jobs. I know for a fact he doing it because he doesn't wont to pay for child support. Also, he had an family violence of a police report in o...

    Christopher’s Answer

    He will have joint custody and be ordered to pay child support. In fact, he will be ordered to pay child support even without joint custody as long as his parental rights are not terminated.

    As for community property, you are entitled to a portion of most of what was created during the marriage.

    To make sure you get everything you need, including protection for yourself and your children, you really need to find the money somewhere to hire an attorney. If you have proof of his 401/retirement, take it and preferably a statement to an attorney. They may be able to get the Court to order your attorney be paid out of the retirement account.

    Finally, hire an attorney that you actually met with and feel you can trust. You are getting orders that should work until your children become adults. Good luck.

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  • Im trying to purchase a new car but in the middle of a divorce in texas

    I've been told anything i put down can be considered an asset and therefore he would be entitled to half.. I cannot wait till its final to purchase a new car as i need room for the baby seat and my husband took the truck and i have my sports car.....

    Christopher’s Answer

    In Texas, a court WOULD have the jurisdiction to consider that a marital asset. However, if you purchase it and are willing to purchase it/pay for it and assume the debt, you will be okay and awarded the car. Your husband would not be entitled to the car, but rather half of the equity of the car...

    Which means if you pay 20k, then when the court splits your assets, the car goes on your side and 20k in assets (cash or other assets) goes on his side.

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  • Can a father voluntarily terminate his parental rights?

    I live in Texas and he lives in Louisiana. The child has not been born yet, but I am under the impression that he wants to terminate his parental rights. I will not consent to it.

    Christopher’s Answer

    He won't be able to terminate his rights without your approval, and even then it may not be possible.

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