Christopher Jay Harding’s Answers

Christopher Jay Harding

Dallas Family Law Attorney.

Contributor Level 15
  1. My divorce is final and my ex-wife was ordered to return the vehicle to me 30 days after the divorce. How do I get her to do so?

    Answered over 3 years ago.

    1. Cynthia Thomson Diggs
    2. Christopher Jay Harding
    3. David Alexander Browde
    3 lawyer answers

    You will need to take her back to court. If she is worried about you failing to pay the loan, she has to wait for you to fail to pay, then sue you. You might be able to just go get the car using the decree as the instrument showing ownership, if it lists the VIN... you would still need to figure out how to get keys and all, or switch the keys on the car. You could hire a lawyer to draft a letter to her first, and see if that gets her to move. Disclaimer: This answer is intended for...

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  2. Is there anything we can do to ensure that my grandson will not move to another state?

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Cortney Harrison Bethmann
    2 lawyer answers

    He needs to file a suit affecting the parent child relationship. With that filing, request a temporary orders hearing and that on hearing, the court grant temporary orders stating neither party can remove the child without permission from Tarrant county (or TX). Once granted, you can have it enforced by the cops if you have to. As it stands now, there is nothing preventing her from taking the child to another state. If you file suit, your son will need to consider child support and...

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  3. How do I enforce contractual alimony payments?

    Answered over 3 years ago.

    1. Christopher Jay Harding
    2. Thomas James Daley
    2 lawyer answers

    Good question - the answer is no, the two are treated differently and you have different options. Court-Ordered means your ex is disobeying a court order, can be fined and jailed. Contractual means he has breached a contract and you must sue for breach of contract (in the same court the order issued from). Send a demand letter first - those are free for you to send, but you need to make sure you follow all the requirements. If he fails to pay, file suit and have him served. You might...

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  4. I filed a lawsuit against an auto repair facility in the small claims courts in the amount of $10K. No answer was filed.

    Answered 12 months ago.

    1. Brian W. Erikson
    2. Christopher Jay Harding
    3. Don Karotkin
    3 lawyer answers

    I fully agree with the prior answer. Also, make sure that the return of service is on file with the Court. That way the Court knows that the auto shop was actually served.

    1 lawyer agreed with this answer

  5. We can't find my mom's ex husband to sign the sale of the house. What are her options?

    Answered 12 months ago.

    1. Christopher Jay Harding
    2. Brian Douglas Walters
    3. Michael Glynn Busby Jr.
    3 lawyer answers

    The lawyer may ask the title company if the divorce decree is enough. If not, there may need to be an additional order signed by the Judge. The title company is just trying to protect itself, which is fine. The judge can sign an additional order or appoint a receiver to sell the home. Either should work if the decree is not enough (and it may not be, depending on the exact language).

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  6. How long do you have to pay on child support before you can request for it to be lowered?

    Answered 12 months ago.

    1. Christopher Jay Harding
    1 lawyer answer

    You need a 'material change in circumstances' from the date of the old order. If you lost your job after the order was signed, you can go and file now. If not, you can still try it, and claim hardship, but your chances of success are lower. When you file, go ahead and request a temporary orders hearing so that at the hearing you can get an order lowering child support. That will be a temporary order until a final order is signed. Watch out for the argument that you are...

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  7. Can my deceased husband leave all the mutual fund accounts to his ex wife that were started when we were married?

    Answered 12 months ago.

    1. Jacqueline R. Kriebel
    2. Christopher Jay Harding
    2 lawyer answers

    You have a tough road here - since the mutual funds were started after the first divorce, and she was put as the beneficiary, it is likely it passes outside of any probate and directly to her. You need to sit down with a probate attorney, someone that deals with wills/trusts/estates, and not just family law. There may be a way to assert a claim, through fraud or waste of community assets, through a probate Court. Someone that practices in the probate courts for Bexar county would have a...

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  8. Being sued in federal court over I 864 affidavit of support

    Answered over 1 year ago.

    1. F. J. Capriotti III
    2. Christopher Jay Harding
    3. Irene Vaisman
    3 lawyer answers

    Divorce cases in Dallas are starting to move more quickly, which just means that you can get a final trial in typically 6 - 9 months, barring extensive discovery and if you push for it. Sit down with an attorney and discuss the situation. You may likely see allegations of family violence next, as that is one way divorcing spouses that are immigrants can maintain their status in the US. Should this occur, DO NOT SIT BY IDLY. Fight it and fight it hard. Findings of family violence can...

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  9. Can i still get my divorce without my husband signing. I havent had contact over 12yrs. has no clue where he is or his family

    Answered over 1 year ago.

    1. William Tyler Moore Jr
    2. Christopher Jay Harding
    2 lawyer answers

    The Court (and Texas law) requires you to make a good faith effort to find him. After you can prove that, the Court may allow service by an alternative method, such as publication or through a family member. Recently, an appellate decision showed disfavor on the publication avenue, so it will be interesting to see how that would work now. Occasionally, you can pay a private party to find someone for a couple hundred dollars, and they can come up with a list of possible hits. It is...

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  10. What are my chances of getting full custody? When is it best for me to file for child support/custody?

    Answered over 1 year ago.

    1. Mark Anthony Cohan
    2. Jacqueline R. Kriebel
    3. Christopher Jay Harding
    4. William Tyler Moore Jr
    4 lawyer answers

    If the assault was a family violence incident, you have a good chance to get Sole Managing Conservatorship. Otherwise, Joint Managing Conservatorship is the norm and you would have the burden to prove why that should not be put in place. Fortunately, SMC and JMC are separate from the possession/visitation schedule. You need to have a good basis to overcome the presumption that the Standard Possession Order should apply - that means the child could be put in danger due to neglect, violent...

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