Richard C. Price's Answers

I am preparing to file for divorce. If I separate from my spouse, and purchase a home, is it community or separate property?

The last two answers are incorrect. The original question came from someone living in Forney, Texas, a small town just east of Dallas, Texas. I answered the question based on Texas law, which is different from California law. The community, in TEXAS, continues until the divorce is final, which is the date the final decree of divorce is signed by the judge, assuming there's no appeal or motion for new trial. I realize the rule is different in California, but the writer was from Texas and my...

1 lawyer agreed with this answer

5 people marked this answer as helpful

Can I press charges against a family member for opening my mail

You probably can press charges, but the real question is, What do you want to accomplish? If you just want to protect your mail, you can have it sent to a different address. If you're out to "get" someone, you might be able to get have them arrested and charged, but that's certainly going to cause more family problems. Think about the consequences of your actions.

1 lawyer agreed with this answer

1 person marked this answer as helpful

Under TX child support laws is the parent providing child support responsible to pay for psychiatric medical bills

This answer is information only and is not advice. My answer is that it depends. Since she is your ex-wife, I assume that there is a divorce decree. Most decrees now have pages of language about medical bill reimbursement. If your ex-wife has the power to decide on medical care, which normally would include psychiatric treatment for your children, then the bill is presumed legitimate generally. Courts here rarely second guess a parent who gets medical care, including counseling, for...

2 people marked this answer as helpful

Car bought during marriage as a gift. Purchased using inheritance money. Husband is trying to ask for it back during divorce.

It looks like the car is a community asset and that you and your husband probably each have rights of reimbursement against the new car. You might keep in mind the value of the car when considering the amount of work and attorney's fees you want to invest in keeping it. I'll bet your husband already has a vehicle. If that's the case, the Judge would probably lean toward you keeping the new car. In order to get reimbursed, you and your husband would each need to trace the money that went...

1 person marked this answer as helpful

Are suicide comments enough for emergency orders?

That may be enough, but you should discuss this with your attorney. (I hope you have an attorney, because you need one for a custody fight.) Your attorney can help you evaluate how strong and clear a statement your daughter can make. It will be affected by your daughter's age and health situation. You probably need to have her evaluated by a psychologist, but you may need court permission to get that done. You need to figure out what situation or facts led her to consider suicide. You...

Texas child support laws

You should remain in frequent, constructive communication with the Attorney General's office. Ask if they need more information. Sometimes, cases slow down if they can't contact the parent paying the support. Make sure they always have a good address. Since you are in Fort Worth, I would suggest that you contact the Domestic Relations Office at the Family Law courthouse downtown. They also help collect child support and they don't charge anything. This answer does not establish an...

Texas law of family support

Since this was posted 9 months ago, it may already be resolved. Your approach would depend on whether you want to get divorced. It sounds like that is the direction you are going since your husband sent the money to his mother, rather than you. If you want to file for divorce, you should contact a Dallas family law attorney to advise you and file. One possibility is to get a restraining order placed on your husband, the bank and his mother. That would hold those funds and maybe stop him...

Family law in TX, preventing garnishment of social security for child support

You need to consult with an attorney who practices in the county where the last court order was entered. The Attorney General has a wide range of powers to use to collect past-due child support. If a judgment was taken, even many years ago, it is probably still enforceable. You may be able to reach a compromise agreement with your ex-spouse or work out a payment plan. If you do nothing, you should expect continued trouble because the A.G. has located a source of funds.

Divorce - what happens to the house if we still owe on it?

This is for information only and is not advice. You can split the equity with your husband. Your math is slightly off. The equity would be $22K (value) minus $14K (note balance), or a net of $8K. Your half would be $4K.

I am preparing to file for divorce. If I separate from my spouse, and purchase a home, is it community or separate property?

This answer is for information only and is not advice. In most situations, the property would be considered community property. If you do a partition agreement or a Rule 11 agreement with your spouse, you can designate the property as your separate property and then it would not be subject to division upon divorce. You should probably include the downpayment funds and any money you spend on the house as your separate property as well, so there's no request for reimbursement during the...