Barbara Lynch Schnack’s Answers

Barbara Lynch Schnack

Houston Mediation Attorney.

Contributor Level 12
  1. Wife filed a divorce petition. Can husband call county clerk (or court) to find out if citation was issued for him?

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Jennifer Renee Cochran
    3. Jay Bodzin
    3 lawyer answers

    If the divorce petition was filed in Texas at least 60 days ago, the husband definitely should call the District Clerk in the county in which it was filed to inquire about whether or not the clerk's records indicate he has been served with citation. If the answer is yes, he should immediately act to file an answer to prevent a default judgment from being taken against him. While he may ultimately enter into an agreement with his wife regarding the terms of the divorce, filing an answer after...

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  2. If I marry my first cousin by adoption in New Mexico, will Texas honor it?

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. M Elizabeth Gunn
    3. Brian S Wayson
    3 lawyer answers

    Unless you and your cousin are of the same gender, Texas will recognize any marriage entered into in accordance with the laws of another state. Good luck, and I wish you a long and happy marriage!

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  3. For an uncontested divorce with children, is it possible to make personal child support arrangements?

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Lori Lynelle Gosnell
    3. Robert Ricci
    3 lawyer answers

    Unfortunately, I don't believe a court would be willing to "bless" an agreement that provided that child support payments would be paid directly to you without passing through the state registry. Texas Family Code Section 154.004 says "The court shall order the payment of child support to the state disbursement unit...", and the use of the word "shall" means that it is mandatory and not subject to the discretion of the court. While I understand you both want privacy and do not feel the need...

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  4. What are my options in regards to how to go about handling a situation with my ex and how she has a kid that looks asian?

    Answered about 2 years ago.

    1. Barbara Lynch Schnack
    2. Lawrence Allen Weinreich
    3. Todd A. Durden
    4. Robert A. Stumpf
    4 lawyer answers

    While your ex may tell you "not to worry about it", you definitely should worry about it for a number of different reasons. While there is no way of knowing if you are the father without a DNA test, you have the right to file a suit to establish your parentage of the baby, and the court will order that DNA testing be performed. If you are, in fact, the baby's father, you are entitled to seek all of the rights, duties, and privileges of parenthood, which will include a right to have possession...

    4 lawyers agreed with this answer

  5. Is texas a common law state? If so, is the woman entitled to everything an actual wife would be.

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    1 lawyer answer

    Texas recognizes common law marriage as a valid, legal marriage. However, simply living together does not create a common law marriage unless there is also the intent to be married and you have represented yourselves as husband and wife in the community. If the two of you have done all of these things, a divorce is necessary to dissolve the marriage and the property you have will be community property to be divided as in any divorce.

    4 lawyers agreed with this answer

  6. Does CPS in TX have the power to keep the father away from home/kids without a court order. CPS didn't find anything wrong.

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Mark Alan Mackin
    2 lawyer answers

    CPS is not the court, and it does not have the power to order you to do anything. With that said, however, it is at your peril if you choose to ignore the things they ask/tell you to do, as CPS tends to react negatively if it believes the parents are not cooperating. If the court has been involved and ordered the father to attend anger management classes as a prerequisite to returning to the home, you and he must obey the order. You should consult with a family lawyer in your area to...

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  7. What to do about questionable pregnancy?

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Edgardo Rafael Baez
    2 lawyer answers

    The information you have read is correct to the extent that you are not able to do anything to prove or disprove your paternity of the child until after the baby arrives. You are free to file a petition with the court requesting to have the question of your paternity of the baby adjudicated prior to the birth of the child, but obviously, DNA testing will have to wait until the baby is born. Until then, you should not sign anything agreeing that you are the father, and even after the baby is...

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  8. If my boyfriend and myself decide to get married, can my money be taken to pay off his child support?

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Eric B. Dick
    3. Eric Lee Gruetzner
    4. Christopher Daniel Leroi
    4 lawyer answers

    You do not have any responsibility for supporting his children from a previous relationship, nor would you have any duty to pay any child support arrearages he might owe. You would be wise to keep your personal finances separate from his, including exercising caution about filing joint income tax returns with him after you are married, but there is little you could do to prevent collection efforts from being taken against him.

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  9. What was the residency requirement for filing for divorce in Texas in 1996.

    Answered over 2 years ago.

    1. Barbara Lynch Schnack
    2. Howard M Lewis
    2 lawyer answers

    I have been a lawyer in Texas since 1994, and the residency requirement for divorce has not changed in the time since I've been in practice. The residency requirement was then, just as it is now, that the husband or the wife must have resided in Texas for 6 months prior to filing for divorce, and in the county in which the divorce petition was filed at least 90 days prior to filing.

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  10. Property outside the TX in Divorce case

    Answered almost 2 years ago.

    1. Barbara Lynch Schnack
    2. Matthew Edward Sossi
    3. Daniel Seth Williams
    3 lawyer answers

    First of all, it is important to remember that your husband's lawyer is representing your husband and his interests, so you should not rely on anything his lawyer tells you. I'm not suggesting the lawyer would outright lie to you, but he certainly will not tell you everything you would want to know and cannot give you any legal advice. The line the lawyer has added to the proposed divorce decree is called a "savings clause", and it simply provides that if something is not specifically...

    3 lawyers agreed with this answer