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Donald Edward Teller Jr.'s Answers
Contributor Level 9
- 47 Legal Answers
- 1 Legal Guide
1
Attorney answers:
Child support and husband and wife filing joint tax return under TX state law, TX community property state
No, the support figure is still based on only his income since you are not the parent of the child. Unfortunately, your income will become known to them since it will be intertwined with his on the tax return. To the extent possible, have the tax return state as clearly as possible what is from you and what is from him so it will be clear to the court. Also, do not involve him in the S Corp or else the ex may argue that some of the S Corp income, or some wages from the S Corp, should be...
5 people marked this answer as helpful
2
Attorney answers:
What is the least length of time for an uncontested divorce in Texas to become final?
The "waiting period" in Texas is 60 days. Uncontested cases where the paperwork is already signed often are finalized on the 61st day.
2 lawyers agreed with this answer
1
Attorney answers:
What can i do if my spouse is trying to prolong a divorce
Assuming that the two of you are not going to reconcile, there are 2 ways to finish the divorce, an agreement or a trial. If you cannot get the agreement you have to set the matter for trial. As a practical matter, frequently you are able to obtain the agreement once the spouse digests that the divorce will happen with or without her consent. I frequently come across your situation in representing parties and my suggestion is always to set the matter for trial and hope it settles before you get...
2 people marked this answer as helpful
1
Attorney answers:
Divorce decree not being followed
I can't count how many times I've seen this occur and it is why I almost always recommend that parties transfer balances for a card they are assuming to a card in there own name. The problem can occur if your ex fails to remove your name from the account, but also if the credit card company won't allow the removal of your name from the account. One situation is clearly not contempt of court, and the other may or may not be depending on how precisely the decree was phrased. It must be very...
2 people marked this answer as helpful
2
Attorney answers:
Family Law - Child Custody
No it is not true that your son cannot come back for 3 years. After a modification, you will have to again meet the requirements to file another modification of custody. Usually that is that there is a significant change of circumstances, but it could also be that your son signs a preference affidavit saying he would prefer to live primarily with you. Regarding your other question, if you and your ex agree for him to help financially that is fine, but in my opinion it would be difficult to have...
1 lawyer agreed with this answer
1
Attorney answers:
What is the procedure for filing an uncontested divorce in TX
In many cases, a waiver of service is used in an uncontested divorce situation. However, there are risks in doing so and our firm usually prefers that the Respondent file an answer directly with court (and mail a copy of it to the Petitioner or their attorney). The risk is that, according to how the waiver is drafted, you may not receive any further notice from the court or may not see what goes into the final decree. With no kids and no property your risk is lessened, but you may want to make...
2 people marked this answer as helpful
2
Attorney answers:
What if the mother wants to take the baby to mexico?
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...
1 person marked this answer as helpful
2
Attorney answers:
Does my ex have a good chance of winning to keep us here?
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...
1 person marked this answer as helpful
2
Attorney answers:
How can i get custody of my son? His mother has custody but he is currently staying with me and doesnt want to go back?
You need to file a petition to modify your divorce decree stating that that there has been a material and substantial change of circumstances and that it is in the best interest of your child for him to be primarily with you. If your son is at least 12, he can state a preference as to who he wants to be with primarily. Keep in mind that this is not the same as him "deciding" who he wants to live with because his stating a preference does not automatically mean that the court agrees that he...
1 person marked this answer as helpful
1
Attorney answers:
Texas divorce laws
You need to enforce the court order. Hopefully the order is in writing, signed by the judge, and is specific as to the date and time you are to arrive. If you have not done the above, you need to get a specific order signed by the judge. Then you file a Motion to Enforce to to force him to comply with the order. If there is a written order but it is not specific enough, you could also file a Motion to Clarify the previous order, set it for hearing, and at the hearing tell the court what...
1 person marked this answer as helpful