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Jacqueline Diane Cannon

Jacqueline Cannon’s Answers

41 total


  • Is there a % of pay that Texas deems as child support payment?

    My ex-husband only pays $400 a month for child support on our one child left at home. He doesn't pay for any type of insurance coverage and will not reimburse me for out of pocket medical expenses. I can't afford to hire an attorney and the chil...

    Jacqueline’s Answer

    In Texas, your ex-husband would pay a percentage of his net monthly income. If he only has the one child with you and no other children whom he is legally obligated to support, his child support obligation would be 20% of his net monthly income.

    If he is obligated to reimburse you for health insurance coverage (and he should be unless he was ordered to provide health insurance coverage) and he is not, he could possibly be held in contempt and go to jail. For your out of pocket expenses, you need to be sure you are keeping documentation (i.e. copies of letters you sent enclosing the bills) as he could be held in contempt for not reimbursing you for those expenses as long as your prior order states he is obligated to do so.

    You should contact a legal aid office in your area. If they accept your case they will represent you for free. Otherwise, if you do not have the funds for an attorney, your only options are to find an attorney willing to do your case pro bono, go through the Attorney General's office or represent yourself although I would not recommend you do that in your case.

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  • How do request findings for family violence in a divorce petition?

    I was assaulted by my spouse and she admitted that is was an assault but she has not been formally charged . How can I request the court to make a finding of family violence in my divorce petition ? Example : Petitioner requests the court make ...

    Jacqueline’s Answer

    You should definitely contact an experienced family law attorney in your area. A conviction and/or finding of family violence can directly affect a range of issues in a divorce case including conservatorship and possession and access of a child, property division, as well as spousal maintenance. Some of these may not apply to your case but you should seek legal counsel to determine what your legal options are as well as making sure your pleadings are done properly.

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  • The biological father has a great relationship with his child , can child support obligations be terminated due to unemployment?

    The father has been going through really bad financial problems and is unemployed , he is how ever registered with the workforce office and trying to find a job , he also doesn't have any means of transportation and is currently homeless and stayi...

    Jacqueline’s Answer

    • Selected as best answer

    If there is a case against him already filed with the court and they are requesting jail, he needs to fill out an affidavit of indigency and request a court appointed attorney. If the court finds that he is unable to afford an attorney, the court can appoint him an attorney to represent him. He may also try contacting a local legal aid organization. If they accept his case, they will represent him at no charge.

    There are affirmative defenses that he may be able to make which could keep him from going to jail, but it's very important that he seeks legal counsel (through the court or on his own) to help him establish a defense.

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  • Child support to much?

    Hello my name is Vivian . my husband had 2 kids before we got married with me ( total of 3 ) . from his prior marriage he had 1 son he is paying Dallas a month for child support and daughter ( different woman ) paying Dallas for her a month ...

    Jacqueline’s Answer

    In Texas, child support is based on your husband's net monthly income. The percentage of his net monthly income is based on how many children he has with the person to whom he's paying child support and how many other children he has a legal obligation to support (this includes the child he has with you). However, there are factors that a Judge can consider that could lead to your husband paying more or less than standard child support. One of those factors can be how much time he has the child.

    You should contact a family law attorney in your area who can calculate what his child support obligation should be. You can also discuss options regarding his son as he may want to consider a modification of custody if he has possession of the child more often than the mother does.

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  • Can CPS petition for removal of children after knowing about a problem for months?

    Back in November , I was arrested for Child abandonment with the intent to return because my babysitter decided to leave my children alone in the home . And disappeared . My children were not removed from my care . However , to avoid CPS from...

    Jacqueline’s Answer

    Yes. There are many times that CPS will not pursue a case because the "danger" has been removed but once that alleged danger has returned, they pursue it at that time. CPS will have to have a valid grounds to remove the children. There are times that they remove a child only to have the court return them at the very first hearing for failing to have adequate grounds for removal. You should meet with a family law attorney quickly so they can discuss with you the proposed service plan as well as the possible recourse CPS could have if you refused to sign the service plan or if you fail to cooperate with it after agreeing to it.

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  • My daughters biological father hasnt been in her life. Can he have his rights taken and how can it be done?

    I have custody and he has visitation. He is suppose to pay child support but in almost 5 years has only paid $10, he refuses to visit her or see her. He is in and out of jail and uses drugs. Can/how can I get his rights signed over/ taken from him?

    Jacqueline’s Answer

    You can request a voluntary or involuntary termination of his parental rights. If he's willing to voluntarily relinquish his rights, the process can be much easier. If he refuses to relinquish, you can file a petition to terminate his rights and ask the Judge to terminate his rights against his wishes. Some judges, however, are reluctant to terminate a parent's rights unless it coincides with an adoption. In my experience, I have found that a parent who faces potential jail time for failing to pay child support is generally willing to relinquish their rights. You should talk to an experienced family law attorney in your area who can tell you the different procedures for a voluntary or involuntary termination as well as the likelihood of success for each.

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  • I filed a revision for CS through the AG. So far he has moved 4 times. Twice I found him not AG, should I get an attorney ?

    I live in Texas , he retired after 25 yrs of service . By the time my revision hit North Carolina he moved to MO , had to refile by the time they received or did anything with it he moved to OH . I was getting ready to refile again and than I ...

    Jacqueline’s Answer

    In my experience, it can be a long, slow process working with the AG's office in these types of cases due to their overwhelming caseload and having to coordinate with another state. Sometimes the process can move a lot quicker using a private attorney, especially if you know where he is at, but it is very possible you will have to higher an out of state attorney. I highly recommend you consult with an experienced family law attorney in your area as there are important jurisdictional issues to consider when dealing with an out of state party in a child support case.

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  • How do I get my child support order corrected?

    There is a mistake in the child support order which has my employer taking child support from my pay for an extra 5 months. Although elsewhere it clearly states that child support is only until my child turns 18 and graduates high school. Both...

    Jacqueline’s Answer

    Mr. O'Neil is correct in that you can seek to have the order modified. You might also consider filing a motion to terminate the withholding order in May. If the other side agrees to the termination, you can submit an agreed order terminating the withholding. If they don't agree, you would need to a have a hearing. If the Judge grants the termination (whether agreed or at the hearing) you will also want to include in your order that any child support withheld after May should be reimbursed to you by the other party within a certain amount of time.

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  • Can a attorney ad item speak for a child at trial even if social study is involved ?

    n/a

    Jacqueline’s Answer

    Yes. The attorney ad litem advocates to the court what the child wants. What the child wants may be directly in conflict with the recommendations of the social study, but the attorney ad litem must advocate that position for the child except under very specific circumstances.

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  • I need to get divorce , but i don't have any money i recently lost my job and taking care of my grandma in the hospital .

    i cant really afford an attorney, what can i do to get this divorce final.

    Jacqueline’s Answer

    You should contact a local legal aid in your area. If they accept your case, they would represent you in your divorce at no charge. You can also do the divorce yourself (pro se). There are several websites where you can get the forms and instructions. There are also businesses or lawyers who could help you out for a flat fee.

    If you have children or property, I would recommend you at the very least have an attorney review the documents, if not draft them, to make sure they are done correctly. Most attorneys will charge a small fee but it's worth it to make sure you are doing everything correctly.

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