Lindsey Rae Obenhaus’s Answers

Lindsey Rae Obenhaus

Dallas Family Law Attorney.

Contributor Level 5
  1. What happens at an attorney general mediated child support review session when the Dad refuses to bring his bank/employment info

    Answered about 2 years ago.

    1. Lindsey Rae Obenhaus
    2. Fran Brochstein
    3. Bobby Dale Barina
    3 lawyer answers

    The Texas OAG does have access to certain information about his income, however this information is limited to what he files on his taxes. If you believe that he is hiding income to avoid paying increased child support, or that his financial situation has changed substantially since his most recent tax filing, then you should not sign anything with the Attorney General's office. Instead, I recommend that you hire a local attorney who can file a child support modification action in a district...

    4 lawyers agreed with this answer

  2. How much is it in TX to change my sons last name from mine to his fathers?

    Answered about 2 years ago.

    1. Lindsey Rae Obenhaus
    2. Bruce Campbell Zivley
    2 lawyer answers

    This is not a marriage/prenuptials question. The cost to change the name of a child varies in different jurisdictions, so you should contact the district clerk of your county to learn the filing fee for a Petition for a Name Change of a Child. In my experience in Dallas and surrounding counties, they run between $200 and $300. If you retain an attorney to help you with the process, the legal fees should not be significant due to the quick and simple nature of this type of action. Many attorneys...

    4 lawyers agreed with this answer

  3. How can I get shared or full custody?

    Answered almost 3 years ago.

    1. Lindsey Rae Obenhaus
    2. Laura Bohlman Roach
    3. Alma Rivera Benavides
    4. Elmer Sanchez
    4 lawyer answers

    You have two options at your disposal. First, you can file a motion to modify the order which reduced your visitation and access.However, it sounds like that order was a modification of a preexisting decree. Have you thought about appealing that order? Appealing the prior order may be another step for you to consider. I believe that many factors will come into play in your situation since you are not following a standard possession schedule and there appears to be a modification made about...

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  4. Can child support be based on the median salary of an electrician since he has electrical license but claims he isn't working

    Answered about 2 years ago.

    1. Vicki Elaine Wiley
    2. Lindsey Rae Obenhaus
    3. Thomas James Daley
    3 lawyer answers

    If you believe that he is receiving income that he is not reporting to the attorney general, you will need to investigate where his extra income is coming from and show it to the Court. This requires use of fact-finding techniques and investigative professionals. Sometimes, this requires depositions of his employers, subpoenas, or use of private investigators or accountants. The Attorney General's Office has access to only some of your ex's employment records through the Texas Workforce...

    2 lawyers agreed with this answer

  5. How soon can I file for full custody??

    Answered about 2 years ago.

    1. Howard M Lewis
    2. Vicki Elaine Wiley
    3. Lindsey Rae Obenhaus
    3 lawyer answers

    You can file a Petition to Modify any time. Your burden of proof is to show a material and substantial change since the entry of the underlying order. What facts can you show the Judge now that did not exist five months ago, when the underlying order was entered? Write those down and show them to a local family lawyer before filing. His inability to establish a stable home environment could be significant in your favor. Be prepared to tell a Judge why your ex should be ordered to undergo drug...

    2 lawyers agreed with this answer

  6. I have filed for divorce in Texas, an uncontested one, but she filed a counter petition.

    Answered over 2 years ago.

    1. Jennifer A. Broussard
    2. Lindsey Rae Obenhaus
    3. Jordan E. Watson
    3 lawyer answers

    If you and your spouse can reach an agreement concerning the division of your property and/or child custody, then you can certainly proceed although she is now represented by counsel. She will probably provide her attorney with a copy of your agreement and the attorney will draft an Agreed Final Decree of Divorce to be "proved up" by the judge. You will have to sign this Decree in order for it to become final, so you still have full control over whether or not it gets entered. Her attorney does...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. My sons father is threatening to take all of my rights away completely because of a violent fight is that possible?

    Answered about 2 years ago.

    1. Vicki Elaine Wiley
    2. Lindsey Rae Obenhaus
    3. Bobby Dale Barina
    3 lawyer answers

    Have either of you filed for custody of your son? Many parents have different definitions of "full custody." Some define it as being the custodial parent in a joint-custody situation, where both parents share rights and duties over their son. Others define it as having sole custody, where only one parent has decision-making authority over their son and the other parent has only limited rights. Texas courts presume that joint custody is in the best interest of your son. However, if you can...

    1 lawyer agreed with this answer

  8. I have been served with a Petition to Modify Parent-Child Relationship and Requests for disclosure. Do I have to file an answer?

    Answered about 2 years ago.

    1. Karen L. Marvel
    2. Germaine J Tanner
    3. Lindsey Rae Obenhaus
    3 lawyer answers

    Answers to your questions are found in either the Texas Rules of Civil Procedure or the Local Rules of your district court. You do have to file an answer within twenty days, regardless of when the temporary orders hearing occurs. If you file a Counter-Petition to Modify, I advise that you retain an attorney who can assist you in setting it for hearing so that you comply with the nuances of these procedural rules.

  9. File for divorce

    Answered about 2 years ago.

    1. Mark Anthony Cohan
    2. Lindsey Rae Obenhaus
    2 lawyer answers

    Mark is correct. Your husband can file for divorce without you knowing about it. If he does not know where you live, he will not be able to personally serve you with divorce papers. Therefore, he can divorce you by issuing notice in a publication of general interest (like a free newspaper) and waiting to obtain a default judgment against you. To prevent this from happening, it is best that you communicate with your husband and file for divorce in a county that at least one of you has...

  10. I filed for child support on my childs father. How do i get him off?

    Answered about 2 years ago.

    1. Vicki Elaine Wiley
    2. Lindsey Rae Obenhaus
    2 lawyer answers

    There is not enough information in your summary to fully answer your question. Have you already entered into an Order in a Suit Affecting a Parent Child Relationship from the IV-D court? Have there been any hearings related to your request for child support? If you have not had any hearings with the OAG's office yet, it is possible to forgive a judgment for child support arrears, or to negotiate with your child's father for no child support payments. However, if you are currently receiving...