Christopher Jason Parvin's Answers

How to file my divorce

Doing your divorce pro se (in other words representing yourself) in Texas is fairly easy if you don't have a lot to deal with. The most complicating factor in a divorce, kids, is not present here. If you don't have real property that you own together (e.g., a house) then you can probably feel at easy representing yourself. Though I can't give you specifics about how to do it yourself you can probably conduct some internet research about pro se divorce in Texas and find an article or two...

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I live in dallas & i tried to start my own electrical sub- contract comp. i wk for a general contr & now he wont pay after 2 yrs

I would recommend having a lawyer send him a demand letter for money you're owed. If you're an independent contractor, then he has to pay that as a matter of contract law. If you're an employee rather, then wages have to be paid within a timely manner. I am in the Dallas area. If you need help, give me a call. 214-242-6480.

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How long do we have to file probate?

Generally, you have 4 years from the date decedent died to apply for probate and be appointed as personal reprsentative (ie., have letters testamentary granted to you). Technically, you can apply for probate thereafter but (if 4 years have gone by) then you likely won't get letters testamentary. If you and your sister are the only beneficiaires of the trust or estate, I would recommend consulting with a lawyer who can guide you through a family settlement (ie., you guys agree on who gets what)...

Is it okay for my landlord to ignore our rat infestation?

The answer, in my opinion, is probably yes. It is customary for landlords to make repairs to homes that they lease. The Texas Property Code also cites that tenants can make demand of their landlords to repair issues that may materially affect the health or safety of any occupant. In this case, if you have a rat infestation, I would recommend sending a formal written request to your landlord by Certified Mail and giving him a timeline to repair the issue. Since the Property Code allows you...

Had verberal agreement to take over payemnts & car would be ours,now they are going back on their word.How do we get money back?

You cannot place a lien on the vehicle but could likely take advantage of some common law causes of action. The fact of the matter is, however, that if you made payments based on a verbal contract - such contracts are legal in Texas (though difficult to prove). I would recommend sending a demand letter to the owner of the van citing the contract and offering to settle the dispute by either performing the contract (in other words, they give you the van back) -or - reimbursing you a reasonable...

Gift versus inheritance?

It depends. In Texas, if someone gets a devise from a will (in other words if someone wills you something, including money) it's not community property. If, however, the life insurance was passed by contract (the life insurance didn't go to the deceased's estate, but rather was passed by a beneficiary designation to his wife), and then the wife gave some of the money as a "gift" to her sons - then that is a community asset.

Can we sue

If your husband did not have an employment contract with the company then he was working on an 'At-Will" basis. This means that they could terminate his employment for any reason at any time (and vice-versa he could have quit at any reason for any time). Assuming this was the case, you have no recourse against the company for their decision to fire him based on the word of someone else. Sounds like they made a stupid decision (but one that's likely not actionable in court). That said,...

Can a father relenquish his parental rights because he doesn't want to pay child support?

No. Courts don't typically let fathers just cancel their parental responsibility over money. That said, the prevailing standard for all court action related to children is what's in the child's "best interests". If it's in the kids best interests not to have contact with his father (or have a legal relationship at all) then the court may consider such action. Either parent can file an action in family court called a SAPCR (suit affecting parent-child relationship). If the father's rights or...

Do my daughter and I have any legal rights in helping my husband, who's license has been suspended because ex wants more money?

The child support system in Texas can be a round-robbin of problems. Fathers who are ordered to pay support but who can't get thrown in jail by the AG (and then can't work - while the father gets deeper in the hole). To answer your question - no, there's really nothing you can do (you don't have legal standing in the situation). Your husband, however, can hire an attorney to try to modify the child support order. Additionally, if he can come to terms with the OAG on back payments, etc., it...

My husband has always been alcoholic, but in recent years, his addiction has become more and more severe.

This is a tough situation. If he refuses to get help for his problem then it may be in your best interests (and the interests of your child to file for divorce). If you choose to do this, you may be in an area where you can find some free (or low cost) legal help to assist you. If you can't, you can always do a search on the internet about how to do your own divorce in Texas. It's not always easy but it can be done (and is frequently). If you're staying with him because he's the bread-...