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Michelle May O'Neil

Michelle O'Neil’s Answers

10 total

  • Porperty after date of filing divorce

    I'd like to know whether property gained after date of filing divorce until final judgment of divorce count as separate property or still community property? Can I get temporary child and spousal support since I file the divorce or after first hea...

    Michelle’s Answer

    Community property includes all property gathered by either spouse during the marriage. Under Texas law, you are married until the divorce is declared finalized by the judge. So, anything that you acquire even after you have filed for divorce will be community property.

    A divorce judge through a request for temporary orders may, in some circumstances, provide temporary child support and/or spousal support until the divorce is final.

    Good luck!

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  • My husband pays $1500 a month to his ex for his two kids. We just had a baby is there anyway to get his support reduced?

    My husband owns his own business and with the ecconmy bad what can we do to reduce his child support because he now has another child.

    Michelle’s Answer

    If the new child wasn't considered when the previous child support figure was set, he may be entitled to a reduction of the percentage applied to the net resources under the TExas child support guidelines. He could apply to the court for a reduction based on decrease in income and based on the new baby. If he doesn't know how to do this on his own and cannot afford a private attorney, he could request the Attorney General's office to conduct a review of his obligation.

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  • My husband owed 10K in child support. He has paid over 10,000.00 but they demand he keep paying. What can we do?

    The child is now in her 30's with kids of her own. She lived with us since she was 14 and never saw a penny of the money. Do we have to keep paying because the ex won't work?

    Michelle’s Answer

    It sounds like your husband was in arrears and has been repaying past due child support. Likely that the arrearage has been accruing interest all of these years, which can be substantial. You can request the Attorney General to do a review to determine what he's paid and what he still owes.

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  • Is it possible in Tx to receive protected child support before a legal divorce has been decreed?

    I am working with a woman who was physically abused by her husband so she took the two small children and moved out. He continuously holds the support monies over her head to try to manipulate her. She desperately needs probono assistance.

    Michelle’s Answer

    Child support can be established separate from a divorce. An original suit affecting the parent child relationship can be filed for that purpose without having to ask for divorce. The Attorney General will help her establish child support without charging her a fee. She can also contact Legal Aid for assistance if she qualifies on income.

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  • My wife and I are both very young. Went through a lot of financial stress leading to a no fault divorce.Can the judge say no?

    My wife is acting on her emotions and all we really need is counseling. Can this be requested by the judge or can he say that we cannot be divorced? What are the chances of that?

    Michelle’s Answer

    In Texas, a divorce may be granted, even over the objection of one spouse, just because one spouse wants out. You can request marital counseling and the judge may order both parties to attend one session. But, unless you both agree to attend further counseling, usually a judge cannot force counseling where it is not wanted.

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  • In Texas, does "joint tenancy" property purchased prior to marriage become "community property" after marriage?

    My wife and I jointly purchased a house(joint tenancy) before we got married. Now that we are married, is that considered "community property"?

    Michelle’s Answer

    Short answer... no.

    Long answer... property purchased before marriage is the separate property of the spouse. Property can't magically become characerized as something it's not. If you purchased the house before marriage together, then you own it half-and-half as separate property (or according to whatever percentage you may have specified at the time you bought it).

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  • In Texas, married for 3 y, husband purchased home 1 y before marriage, wife pays every bill, he left residence,who gets the hous

    I am married in Texas for 3 years. My husband purchased a house on his name, the loan is only on his name, one year before our marriage. Since married, loan was paid mostly from my income and my own resources. I Can prove that with docs. He left...

    Michelle’s Answer

    Who gets the house in a divorce will be determined by whether the house is characterized as community property or separate property. Separate property, as defined by the Texas Constitution, is that property that a spouse obtained before marriage or through gift or inheritance. The inception of title rule says that, with real property, the characterization as community versus separate is determined when the spouse had title in his or her name. So, if the husband had title to the house before the marriage, it will be his separate property. If the mortgage was paid using income earned during the marriage (community property), then you might be entitled to reimbursement for some or all of the money expended for the house. Probably not the answer you are hoping for, but you need to know...

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  • Commingled property Vs community Property vs personal property in Texas

    The women I married (for 5 days) never came into the USA even though she was given all the papers required to obtain visa. Consequently she has no SSN and no bank account. After marriage I kept depositing my paycheck into the same account (that...

    Michelle’s Answer

    You definately need to consult a family law attorney regarding your situation to help you sort out your property. The divisible property upon divorce is only what was created during the marriage, so with a short term marriage that amount should be small to start with. Then you can ask the judge to adjust based on various equitable factors, such as the situation you describe.

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  • My net income is down this year with the recession. How do they determine what income to use for child support in Texas?

    do they look at old tax documents? Does child support amount change annually with your income? Does my wifes income have anything to do w/ how much child support I pay? We will have joint custody but she will be the custodial parent.

    Michelle’s Answer

    Child support in Texas is a mathematical formula based mainly on your income. The state guidelines apply a set percentage based on the number of children you have (20% for one child, 25% for two children, etc) to your net resources. Net resources isn't exactly the net you see on your paycheck, but a net calculated on factors set out in the Texas Family Code. Because child support is a backwards-looking calculation, the courts usually look at the last two years of income. If there has been a significant change over the last two years, you can argue for the court not to do that and to only look at the current state of affairs. A court may also vary the child support (up or down) based on various equitable factors such as the needs of the child, the situation with one of the parents, visitation schedules, etc. In some states, both parents income is taken into account, but in Texas usually only the parent paying the child support will have his (or her) income used to determine the amount due.

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  • Can a father sign over his rights to avoid paying child support?

    what do they do in order to sign over rights to a child?

    Michelle’s Answer

    Before an order terminating a parents rights may be granted, the judge must find such an order to be in the child's best interest. In my experience, most judges do not find a termination of parental rights to be in a child's best interest in such a circumstance unless there is another man standing willing to adopt and support the child.

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