Donald Edward Teller Jr.’s Answers

Donald Edward Teller Jr.

Grapevine Family Law Attorney.

Contributor Level 9
  1. Child support and husband and wife filing joint tax return under TX state law, TX community property state

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    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...

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

    Answered about 5 years ago.

    1. Donald Edward Teller Jr.
    2. Robert Sterling Guest
    2 lawyer answers

    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

  3. Motions to modify

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    Since you remain in TX it is likely fine to file in TX. You want to file in the court that you have been in before. In addition to what you are asking (not sure the court will do the tax rights), I would also ask for her to pay some or all of the transportation costs for your maintaining a relationship with your kids.

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  4. Family Law - Child Custody

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    2. Christopher Michael Schmiedeke
    2 lawyer answers

    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...

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  5. Divorce forced to leave under duress

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    I assume that the house is his separate property because he owned it before marriage but if you used your separate property or community property to improve the property, you can assert an economic contribution claim to the extent your funds increased the value of the home. It may or may not be worth it to assert this claim because it will cost money to assert the claim, as well as money for him to defend the claim. You do not mention any other property involved; I would look at all of the...

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  6. What is the procedure for filing an uncontested divorce in TX

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    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...

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  7. Texas divorce laws

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    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...

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  8. Child support

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    Depends on the judge. If this lawyer is familiar with that judge, he/she may be right. I can see a problem wiht your use of the term "supposed". According to who? What if your son is held back several years before graduation, does that change when he was "supposed" to graduate? I don't know. The court order's normal language is similar to what you state; it provides that support continues until the child is 18, but then will continue past the 18th birthday so long as he is continuing to work...

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  9. Primary Residence for children after a divorce

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    If you have him sign a divorce decree that has no geographic restriction, you should be fine. If you are unable to get his signature, you have other considerations. The way your waiver is drafted will indicate whether you will be able to have a decree entered without notice to him or without his signature on the final order. If you are able to proceed and have no geographic restriction in the decree, he could still file for a new trial and/or file to try to stop your move. I am not saying he...

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  10. Child support

    Answered over 6 years ago.

    1. Donald Edward Teller Jr.
    1 lawyer answer

    I do not have the information that the AG has on you ex-husband, but unless he has more children or has some other deductions from his gross income, it looks to me like the payment would go up enough to make it worthwhile to file a child support modification. Try to see how the AG calculated the new child support amount rather than just listen to what they say. Also, a Texas state court cannot award your ex-husband one of the tax exemptions because the exemptions are based on federal IRS laws;...

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