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Lindsey Rae Obenhaus

Lindsey Obenhaus’s Answers

19 total


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

    In 20 days or do I need to file an opposition to this modification with the court 5 days before the temporary hearing? I have gotten some confusing information about this matter.

    Lindsey’s Answer

    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.

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

    I hit him while we were driving he has pictures he hit back but took my phone so I couldn't take pictures so he got lucky an was able to hide all he did wrong. I am willing to take parenting classes or whAtever it takes but I want full custody.

    Lindsey’s Answer

    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 prove by a preponderance of the evidence that he committed family violence, you have grounds to request sole custody. It sounds like he would testify that you also committed family violence, which is a factor to consider. I advise you to talk to a child custody lawyer in your jurisdiction to learn about the different types of conservators and possession schedules before filing or going to court for custody.

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  • File for divorce

    I live in a different state than my husband. can he fie for divorce and separation without informing me? he doesnt know my new address but he knows that i have forwarded all of mail to my new addresses from previous address

    Lindsey’s Answer

    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 jurisdiction. Both of you will save money and you will be able to protect your rights and interests if you are knowledgeable about the proceedings.

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

    Me and my childs father are back together now. And as i mean together, we are living together as a couple and shareing expenses. I filed about 3 months ago but before i went through with it i decided to drop the C.S ... Well lets just say it went ...

    Lindsey’s Answer

    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 public assistance, like medicaid or food stamps, you may not be able to withdraw your request for child support. If you have a hearing date for child support, you will have the opportunity to discuss your intentions with an attorney with the OAG's office. If there is a preexisting judgment for child support, you should contact the Attorney General's Office or a local attorney to modify that judgment to fulfill your desire not to receive support.

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  • Is there a way for me to get back the spousal support my army husbands been pocketing for the past 10 months?

    We are going through a divorce and hes been keeping the spousal support that is my half for the past 10 months and his commander cant do anything is there a way i can bring this to our civil divorce court and get the money he took back?

    Lindsey’s Answer

    I agree with Ms. Wiley that you should consult with a family lawyer who can assist you with your divorce. If your divorce is not yet final, you can and should bring this to the attention of the Judge in your case. Due to the complexity of the issues involved in enforcement actions, spousal support, and with military spouses, I strongly advise that you consult with a lawyer with experience with military divorces. I handle divorces in Dallas County and am familiar with the intricacies of these issues if you would like to contact my office. (972) 353-4600.

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

    I need to make a modification to an existing child support order. Originally the modification was only for the medical portion however I have learned the father is working and has an electrical license. He has had several jobs over the last couple...

    Lindsey’s Answer

    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 Commission. If he is being paid as a self-employed independent contractor, you should request his tax filings from the previous year so you can see if he is hiding income in his personal business. It is unlikely that you will be successful in setting child support at the "median pay scale" for an electrician. However, you may have a suit for underemployment to avoid paying child support, or to increase what he owes you each month. I assume you are already filing to confirm unpaid medical expenses. I suggest you speak to a local family lawyer who can file or transfer your case because the OAG's office will not assist you with finding his "unreported" income.

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  • How soon can I file for full custody??

    Our divorce finalized a month ago, but we have been seperated for 5 months. He has only had our daughters twice out of our agreed times, including the court ordered visitation times. He has no job and has lived in 5 different homes that I know of ...

    Lindsey’s Answer

    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 and alcohol testing or monitoring. Are the kids talking about him doing drugs? Do you hear stories from friends? If he passes the tests, you could be responsible to pay for the cost of them. Upon hearing more details, a family lawyer in your county will be able to assist you and advise whether you have strong grounds for a modification.

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  • What will be his parental rights when we divorce?

    I have full custody over my 3 year old daughter from a previous relationship. When she turned two, I married another man and now we are five months pregnant and are now separated. We know we can't divorce until after the baby's born.I can't deal w...

    Lindsey’s Answer

    I agree with the other attorneys. I would like to add that if he is medically discharged, he may be eligible to receive disability benefits based on his mental health conditions. A portion of these benefits may be awarded to you as child support. If his mental stability is a major concern, I recommend that you start keeping a journal or timeline of your observations of why he may be unfit to be a parent. Keep in mind that mental health records are generally privileged in Texas civil courts, but can be disclosed in limited circumstances.

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  • What happens at an attorney general mediated child support review session when the Dad refuses to bring his bank/employment info

    My ex just told me tonight that he plans on doing whatever it takes to avoid having his child support payments increased. He makes close to twice as much as he did when child support is set and I let it go for over a year hoping he'd do the right ...

    Lindsey’s Answer

    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 court. By going that route, you will be able to investigate his financial circumstances through the use of discovery, subpoenas, and other fact-finding tools.

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

    I had to send in the birth certificate information by a certain time and the paternity test results didnt come in until a week later. As being, I had to use my last name for my sons, but now that we have the results for sure we want to change his ...

    Lindsey’s Answer

    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 - myself included - will do them on a flat-fee basis. I advise that you speak to a local family law attorney who can assist you with the name change, and teach you about your rights to child support and custody with the father.

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