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Donald Edward Teller Jr.
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Donald Teller’s Answers

47 total


  • What if the mother wants to take the baby to mexico?

    what can i do to cover myself of not being sued from her for not paying Child support in a determinated period of time ? we are not marry, but the child has my last name ?

    Donald’s Answer

    From your question, I am not sure if you already have a child support order or not. If you do not, her moving to Mexico may decrease the likelihood that she'll seek a child support order because it would be more difficult for her to appear in a Texas court. If you do have an existing child support order, the mother taking the baby to Mexico doesn't change the order. You would need to file to modify the child support order. Of course, you also could have issues with seeing your baby if she moves to Mexico but that is a separate issue than your child support question. I hope this information helps.

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  • Does my ex have a good chance of winning to keep us here?

    If me and my ex are joint managing conservators of our children but they live with me and i have "the exclusive right" to move anywhere without regard to geographic location.My new husband is getting stationed out of town and we are going to be mo...

    Donald’s Answer

    Several judges have relayed to me that relocation cases are the most difficult cases for them to decide because there usually is no way to order a middle position. Either the kids lose the weekends with the father, or the kids lose the benefits the family would gain by moving. Neither is good. Certainly, you currently have the right to move, and he would have to file to modify your decree to stop your move. Whether he would be successful in his modification is a tougher call. Judges decide these cases different, and even the same judge could decide the case different if a few facts were changed. Since I do not know your judge or all of the facts, the best I could offer would be generalities. In your favor is the existing order, that he fails to exercise large portions of his time, and that he does not play a role other than the support and weekend visits. In his favor is that he does pay the ordered support, and that the only time he does (he will likely say can) visit will be taken away by the move. One other scenario could be that you are allowed to move but that you pay to transport the children back to town (or that child support is adjusted to offset travel expenses). I see that fairly often. I would suggest visiting an attorney who is familiar with your judge and who can review more of the facts in order to get a better idea of a possible outcome. However, I suspect that a definitive answer will not be possible due to the fact specific nature of this area. I hope this answer helps to the extent possible.

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  • What happens if the father of the child does not appear in court for the child support hearing?

    The father did not show up for the meeting at the attorney general's office and now there has been a court date set. What happens if the father does not show up for court either? Will i still be able to get the child support for my daughter?

    Donald’s Answer

    If he has been served and ordered to appear on the date and time at the courthouse, normally the judge would sign a capias (an arrest warrant) for him to be arrested and brought to the courthouse. I hope that answers your question.

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  • Living in Grand Prairie TX. Wanting to seperate and get out of the house with 2 children ages 6 and 8 months. What do I need to

    do so that it is not considred abandonment of home?

    Donald’s Answer

    When parties separate, someone leaves, and it does not mean that you have abandoned the marriage (I assume you are married). The home will also remain community property whether you are there or not. The issue of who stays in the home on a permanent basis will be an unresolved question for the time being. If your spouse stays there and makes the mortgage payment (assuming there is one), he/she may ultimately be awarded the house, however the equity will be taken into account when the community property is divided. For example, say your spouse is awarded the house and its $10,000 in equity. You would likely be awarded roughly the same amount to compensate. The division does not have to be 50%/50% because it can vary based on factors such as earnings of the parties, health of the parties, etc., but usually it would be close to 50%/50%.

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  • I'm getting a divorce, do I have to give 1/2 to my wife even if she never worked? I already had all my assets before my marriage

    when we got married i didn't sign any documents for separation of business. I already had the house and the business before getting married

    Donald’s Answer

    In Texas, property you own before the marriage is your separate property, provided that you prove you had it before the marriage. What your spouse is entitled to receive is a "just and right", in other words not necessarily 50/50 but what the court considers fair for these circumstances, portion of the community property. The court cannot divide your separate property (again, assuming you prove it to be separate). So roughly 1/2 of the community property is not a bad way of looking at it, but a court could award her more than 50% because you have a higher income and because you have significant separate property. The court could also award reimbursement claims if they exist, which is far too detailed an area to go into here. So while this is a fair answer in general terms, you need to have a consultation with an experienced Texas family law attorney to obtain a better and more detailed assessment. Good luck!

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  • What is the least length of time for an uncontested divorce in Texas to become final?

    How soon can a divorce be finalized if it is uncontested and the other spouse is willing to sign the papers?

    Donald’s Answer

    The "waiting period" in Texas is 60 days. Uncontested cases where the paperwork is already signed often are finalized on the 61st day.

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  • A few weeks ago my husband and I settled our child custody battle and we were supposed to sign our divorce today. he just told

    me his lawyer told him he didn't have to sign anything...i'm just confused? how can you not sign for divorce you filed for? how is it possible to finalize a divorce with no signature someone explain please.

    Donald’s Answer

    Obviously you need to find out why his lawyer is telling him this, Off the top of my head, I can think of a couple times where he may not have to sign. One would be if you settled your case at mediation and he signed the mediated settlement agreement (MSA). In that case, his lawyer could sign the decree as to form only because he already agreed in writing to the terms in the MSA. Another possibility is if he is going to appear at the final hearing. Since he is there, he could orally indicate to the judge that he approves the decree. I am not sure if those apply to your situation. If you have a lawyer, call him/her and have this explained to you. If you do not have one, it sounds like it would be worth an hour of a lawyer's time for this to be explained to you. Good luck.

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  • Must fill in the blank divorce forms be hand written or do they have to be typed

    divorce forms from texaslawhelp.org. Can these forms be submitted and will they be accepted by the courts with the instructions to complete the form still noted on the forms and can these forms be filled in by hand or must they be typed.

    Donald’s Answer

    I can't tell you whether the forms from this website will be accepted or whether the forms will do what you want them to do, however I can tell you that I have seen forms accepted that have a few instructions embedded in the document and that have blanks filled in by hand. Having instructions or being handwritten should not, by itself, be a problem, but of course I am not the court you are filing in. You could also call the court clerk and ask them if they have additional requirements.

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  • How can I go about getting a paternity test ordered in a state other than the one i reside in?

    I live in Texas. I have been ordered to pay child support for a child that is not mine in state of Illinois. I have never resided there nor have I ever visited there. The woman some how got my information and is claiming I fathered her child. ...

    Donald’s Answer

    You need to act and act now. Contact a family law attorney in the Illinois county that did the child support order. I am a Texas attorney and cannot tell you what Illinois law is, but your situation in a Texas courtroom would be difficult to undo if you do not act before the child is 4 years old. There are lots of guys paying for children that are not their own blood because they ignored the situation. I represent one such person in Texas now. On the news today, I read about a poor guy who was just let out of jail for not paying child support on a child that DNA showed was not his. He'd been in jail for awhile (look up the case on google if you like). The problem you likely will have is that if your paycheck is getting garnished, the court has already named you as the dad. The Court may think "why should we do a DNA test for someone that already has been determined to be the dad? He should have asked for a DNA test before we determined he was the dad if he wanted one." In short, you need to act, NOW, unless you want to pay child support on this child every month until they get out of high school.

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  • I have a child with a woman i never married,for years i've been going above what the state requires,can i get it modified free?

    I have a 12 yr old daughter with a woman i never married and have been paying child support since she was born(actually a month b/4 she was born,1 year later she moved to corpus christi from north dallas where i still live.I only get to see her in...

    Donald’s Answer

    You can hire an attorney to file what is called a Petition to Modify, or you can request services through the Texas Attorney General, asking them to do a Child Support Review Order, and get in line. Sometimes they are fast, but often they are slow. However, if you can get them to address your case, they are free.

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