Paulette Mueller’s Answers

Paulette Mueller

Dallas Family Law Attorney.

Contributor Level 9
  1. Can I and How , Reset a hearing date for Child support ?

    Answered over 2 years ago.

    1. Paulette Mueller
    2. Terresha Deneen Wile Stevens
    2 lawyer answers

    First call the other side and see if they will agree to re-set the hearing. If not, you will need to prepare and file a motion for continuance, set it for hearing, and tell the Judge why you want the hearing to be continued. It will be up to the Judge to decide if your reasons are valid, and it is up to the Judge to decide if the re-setting request will be granted. If you are doing this yoursel, be careful, as there are technical requirements for a motion for continuance which must be satisfied.

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  2. Divorce

    Answered about 1 year ago.

    1. Paulette Mueller
    2. M Elizabeth Gunn
    3. Brian Douglas Walters
    4. Mark Anthony Cohan
    4 lawyer answers

    A divorce petition needs to be filed, citation issued and served on your wife. Once your wife has been served with the papers (by a constable or a private process server) she will have a certain amount of time to answer. Once that day passes, and she doesn't file an answer or other writing with the Court, and your petition has been on file for at least 60 days, you will be able to get a divorce by default, which does not require her signature. If this gets too hard for you, please spend the...

    3 lawyers agreed with this answer

  3. Family member made mistake in dates of marriage/separation on filed Petition for Divorce. Separated 13 yrs; what should they do?

    Answered over 2 years ago.

    1. Paulette Mueller
    2. Bruce S Gordon
    2 lawyer answers

    The best approach would be file an amended petition for divorce with the corrected dates, which is what you've already done. Good luck!

    3 lawyers agreed with this answer

  4. First deposition

    Answered almost 4 years ago.

    1. Paulette Mueller
    2. Teri A. Walter
    3. Alan James Brinkmeier
    3 lawyer answers

    Since the Department of Justice is not a party, and you want to insure the witness showing up with knowledge, it might be a good idea to also subpoena documents. Oftentimes the documents you request will give an indication of the areas of intended questioning. Remember, a witness is only required to testify about and from personal knowledge. Although someone other than a member of the State Bar can be quite effective at asking questions, it would be most prudent to have the advice and...

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  5. Do i need to file responses to a post-judgment interrogatory w/the court, or send them, via cert mail, to the atty

    Answered almost 4 years ago.

    1. Paulette Mueller
    1 lawyer answer

    With the current rules of civil procedure, most courts no longer accept filing of discovery pleadings such as interrogatories, or their answers. Be sure to mail your answers to the attorney who served the questions on you certified mail and keep the "green card" to prove the attorney actually received your answers.

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  6. How do i get my back owed childsupport

    Answered over 2 years ago.

    1. Paulette Mueller
    2. Brian W. Erikson
    2 lawyer answers

    The very best you can do is insist your child support account be a monitored account with the Texas Attorney General's office, and continue your efforts to get them to collect the back child support. The father's driver's license can be suspended, liens placed, and other licenses can be suspended. You should also be in touch with Dallas County MHMR and ARC. Both organizations can provide assistance with babysitting, daycare, and other daily living needs for your ten year old. Your child's...

    1 lawyer agreed with this answer

  7. What happens if the mother wants custody of 5 of 6 children? She wants the father to take the 6th one (the difficult one).

    Answered over 2 years ago.

    1. Paulette Mueller
    1 lawyer answer

    Typically the courts do not like to split siblings in a divorce action. However, if there are valid reasons, which support this arrangement as being in the best interest of the child and his/her siblings, and there are periods of time set aside when all of the children are together several times each month, and the children have time set aside to spend with each parent, the Court will, more likely than not, follow the agreement made by the parents.

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  8. I was married to what I later found out was an illegal immigrant,in2001.I know that he has been deported&is not allowed to step

    Answered almost 3 years ago.

    1. Paulette Mueller
    2. M Elizabeth Gunn
    2 lawyer answers

    Because you have no property or children you should be able to get your divorce, but it will take a bit of concentrated effort to secure the necessary service of your husband. The service of your husband will need to be by publication, or posting at the courthouse door. Find an attorney in your county that is familiar with this type of service of citation and you could be divorced by the end of the year.

    1 lawyer agreed with this answer

  9. In Texas small claims court, should I have both husband and wife served? They moved out owing last 2 months' rent?

    Answered almost 3 years ago.

    1. Paulette Mueller
    1 lawyer answer

    The answer to your question is best answered by seeing who has signed the lease agreement. If both husband and wife signed the lease agreement, then the answer is yes, serve them both. If only one signed, you don't have to serve both, but, it is better practice to serve both, as it might prevent future issues related to collecting your judgment.

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  10. I ex-wife was recently awarded 12/18/2010 an increse in child-support. The attorneys are arguing over how much I will pay.

    Answered over 3 years ago.

    1. Paulette Mueller
    1 lawyer answer

    First, it sounds like two very competent attorneys are involved, advocating for the rights of their clients and it really isn't appropriate for an attorney to interfere with the ongoing relationship of a client and his current attorney, so please, let me encourage you to get with your attorney to discuss what remedies are available to you at this point in time. It sounds like you may need to explore what options are available to you with your attorney. Perhaps you could set a hearing before...

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