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Michael David Wysocki
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Michael Wysocki’s Answers

26 total

  • Divorce Decree

    I will be writing my own divorce decree. Can someone tell me how to eloquently say, I am resonsible for my credit card debt, he is responsible for his. Any money that comes in after the final divorce from investments, profits, gains, refunds... ma...

    Michael’s Answer

    Without knowledge of the specific assets, I can only point you in the right direction. See below:

    IT IS ORDERED AND DECREED that the husband, [name of husband], shall pay, as a part of the division of the estate of the parties, and shall indemnify and hold the wife and her property harmless from any failure to so discharge, these items:

    H-1. The following debts, charges, liabilities, and obligations: [describe each item specifically, by providing exact name of creditor, account number, and account balance].

    AND

    IT IS ORDERED AND DECREED that the husband, [name of husband], is awarded the following as his sole and separate property, and the wife is divested of all right, title, interest, and claim in and to that property:

    H-1. A [percent] percent interest in dividends, splits, gains, refunds and other rights and privileges in connection with the following stocks, bonds, and securities, or accounts, arising during the marriage, but paid after the date of divorce: [describe each account/asset specifically, by providing exact name of institution, account number, and account balance].

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  • My wife wants sole custody so i cant see my child without visistation. If i dont sign the papers will the divorce go through?

    There are no reasons why I should not see my child. Our marriage did not work, nothing to do with the child.

    Michael’s Answer

    First, in Texas it is presumed that it is in the best interest of the child that the parents be named "joint-managing conservators" and that the non-primary parent have visitation in accordance with a "statndard possession order." You can refer to Texas Family Code sections 153.131 and 153.252 for these presumptions. If you would like to know more about the standard possession order, just google "Texas Standard Possession Order" and you will find several articles.

    Because of these presumptions it would be your wife's burden to prove that these things would not be in the child's best interest. To do so, she would need to present evidence to the Court on why you are not fit to be a joint-managing conservator and why a standard possesion schedule would not be appropriate.

    Second, in order to prevent an order from being enterred without your consent, you need to be sure that you have filed and "Answer" with the Court and that the Court has all of your contact information. You will need to be sure that you show up at all hearings of which you have notice. Do not miss a hearing. Be careful not to sign any "Waivers" which may waive your right to be notified of hearings.

    Lastly, I would contact an attorney to make sure that your rights are fully protected. As a father, nothing is more important than my child and my rights to raise my child.

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  • If you use a court server to serve devorce papers because of a no show is it likely they can retrial claiming they never got it

    if you use a court server to serve someone in a divorce and the never show up and get a default is it likely if they file for retrial on basis they never get served likely to be granted

    Michael’s Answer

    First, we will assume that when you refer to a "court server" that you are referring to a sheriff or constable through the court. Service can also be accomplished through a private process server, which tends to be more expeditious, but costs more. "Service" is a term used to describe the formal process by which a petitioner (person filing for divorce) gives the respondent (person being served) notice that a divorce has been filed. The purpose of service is to give the court jurisdiction over the respondent, to satisfy due-process requirements of the Constitution, and to give the respondent the opportunity to appear and defend the case.

    Second, we will assume that all of the rules for issuance of citation, the service of process, and the return of process were followed. These rules are very important, especially in cases where the court renders a default judgment (no show). Appeal of a no-answer default judgment will be reversed (granted) unless there is strict compliance with the rules.

    Making these assumptions, the respondent’s only argument for a new trial would be that the failure to file an answer was not intentional or the result of conscious indifference but was due to mistake or accident. The respondent will need to give the court a good reason as to why no answer was filed. Without a strong and convincing reason, the court will be unlikely to grant a new trial.

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  • Texas Divorce: Spouse owns Corporation with lot of debt

    If my hopefully soon to be ex has a corporation that hasnt made and money and has debt is that actually considered community property/liability? I was an officer of the company for only about 1 year before i had a notiarized statement removing my...

    Michael’s Answer

    If the business was formed during the marriage, it would be considered community property. The same holds true with the debt - if it was incurred during the marriage, it would be consider a community debt. All community property and debt is subject to division by the Court. Keep in mind that the Court will consider how the debt was incurred, and who incurred it, when making a division.

    Amy Lambert is an excellent family law attorney in Austin. Give her a call (512) 472-1919.

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  • Economic Contribution Texas Divorce

    How does economic contribution work in a texas divorce? Do you have to have some sort of documentation to prove your contribution or is it just by word?

    Michael’s Answer

    Economic Contribution is a legal term that identifies an equitable claim once available in Texas to divorcing parties. Unfortunately, Texas Family Code section 3.402 was amended and claims for economic contribution were removed on September 1, 2009.

    The Family Code continues to allow for Reimbursement, which is also an equitable claim. Depending on what type of Reimbursement you are claiming, documentation or even expert testimony may be necessary. For instance, if your spouse owns a family business and you claim he or she has been intentionally underpaid, you will need an expert to testify as to the salaries of executives in similar businesses. If you are claiming that you spent separate property money to improve the marital residence, you will need bank statements to trace the funds/expenditures and receipts evidencing the improvements. The burden is on the party claiming the reimbursement to prove it.

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  • If a company does not pay child support after being notified by the Texas OAG, can it be sued?

    My ex is a sole proprietor and is not paying in child support. Is it possible to have the OAG send a garnishment order to his company and then sue his company for failing to comply? Does it matter if he's making money at his new company?

    Michael’s Answer

    Yes. There are two type of "notifications" the company may have recieved. One is a Judicial Writ of Withholding and the other is an Administrative Writ of Withholding. Regardless of the type, Chapter 158 of the Texas Family Code provides for civil remedies against an employer that fails to withhold income for child support as intstructed in an order or writ issued to them. The code allows the Court to fine the employer up to $200 per occurence, which could add up over time.

    It also matters if the employee is making money. The employer can only withhold up to 50% of the employee's disposable earnings. If the employee is not making any money, 50% of $0 is $0.

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