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Fran Brochstein

Fran Brochstein’s Answers

3,175 total


  • Where do I get a copy of a Signed divorce decree from 30 years ago.

    Looking for signed divorce papers from 30 years ago. Where do I get a signed copy of the divorce decree?

    Fran’s Answer

    If it was in Harris County go to the Civil Courthouse at 201 Caroline, Houston, TX 77002 and on the first floor you can try to order a copy. It helps if you know the cause number. Otherwise, they are allowed to charge you a small fee for finding it. Also, a certified copy is $1 per page - cash or credit card - no checks.

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  • Does he own me half of what he makes?

    Yes,the guy and I were together for 7 yrs.i put though college,chiropractic school for 4 yrs.when I came home from work he recvd my check and pay the bills.he was on my ins,so he could go to the doctors.he lie to Texas chiropractic college that he...

    Fran’s Answer

    You need to meet with an attorney in person and see if there was a marriage.

    How was he listed on your insurance?
    How did you file taxes?

    I assume he never signed any paperwork about paying you back.

    There is the possibility that you gifted him everything you did and that he does not owe you anything.

    Being separated 8 years certainly does not help your case.

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  • Is child support based on my base salary or on what I made last year? How is child support calculated?

    I work in the oil & gas industry and work is not always guaranteed. Although I get paid a guaranteed base salary, it is considerably less than when I work off-shore or out of town. Last year I made about 150k. This year is projected to be consi...

    Fran’s Answer

    Texas looks at all of your net resources to determine child support.

    So your "base" salary is not the only thing that will be used. With the economy slowing, judges are aware that bonuses probably won't be what it was last year.

    That is why you want to produce several years tax returns to show that your income varies.

    Net resources can be defined by looking in the Texas Family Code which is available on-line for free.

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  • How do I get my 23 year old son out of my house

    My 23 year old son is verbally abusive. I want him out of my house. Please help. Thank You!

    Fran’s Answer

    1. Call local sheriff or constable. See if they will do anything. I doubt it.

    2. Go to your local small claims court and talk to a clerk about eviction. You need to have a judge remove him from your home.

    3. Once evicted, be sure to re-key house and re-set alarm code. If he's angry then don't be surprised if your house is broken into within a couple months after he moves out.

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  • In light of the current situation, is the guy under any legal or moral obligation to allow random access to his home?

    Guy has a house prior to marriage and pays for its mortgage and utilities himself. The couple has never lived together in that house or at all. Guy still lives in the house, while the wife remained living in another house with her parents. A div...

    Fran’s Answer

    Guy needs to immediately hire a family law attorney.

    If guy used community funds to make the mortgage payments then Wife might be entitled to file for a reimbursement claim.

    As you can plainly see, he needs an attorney NOW.

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  • Some questions we need answers for

    We are fixing to go through a custody "battle" and we are wanting to make it to where no parties of the opposite sex are allowed in the home overnight. But I'm concerned that it would go both ways. My fiance has raised my daughter and her biologic...

    Fran’s Answer

    There are no guarantees.

    Injunctions are mutual. I doubt you will even get this restriction since you are not married to the bio dad. Many judges avoid this because it usually does not work. Plus you are living with a guy.

    Harris county judges like residency restrictions.

    Name change only if dad agrees. And it won't be finances name -- he's not relationship to her.

    Custody is presumed joint custody in texas. Sole custody is rare these days.

    Exchanges will be in a public place. Even registered sex offenders get visitation -- just supervised.

    You really need to talk to a family law attorney for a reality check.

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  • Can my fiancé's step father legally ordinate our wedding ceremony if he was ordained online through ULC?

    My fiancé and I are getting married in July and would like his step father to ordinate our ceremony. He has been ordained online through Universal Life Church. I am concerned that our marriage won't be legal because of the way he was ordained. I h...

    Fran’s Answer

    I've known several people that became ministers thru ULC and they do weddings. He will need to sign the marriage license and send it in. I'm amazed how often the minister does not mail it in to finish the process. Since Texas is a common law marriage state, even if the license is not sent in a marriage exists. Happy Wedding!

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  • Do I have a right to any of these things?

    I have been married for 26 years to my husband. He has 400,000 in retirement, oil royalty checks. Also he inherited half of 452 acres. He received all this while we've been married. Unfortunately I want a divorce.

    Fran’s Answer

    Inheritance is his separate property.

    All assets and debts during the marriage are handled in the divorce.

    The usual split is 50/50 but sometimes a spouse might be entitled to more than 50%.

    Look on this website and hire an attorney in your county.

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  • Hi In Texas, do I have legal recourse if a recycling center employee stole my personal info?

    Hi I live in Texas, and suspect that a recycling center has released my personal information. The employee at the recycling center made a copy of my ID, and there has been suspicious activity. Do I have any legal recourse if I can prove the ident...

    Fran’s Answer

    File a police report.
    Notify the 3 credit reporting agencies.

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  • How can I change my last name to carry my step fathers last name even now as an adult?

    I'm a 22 year old male raised by my step father getting married in 10 months. I'd like for my last name to be changed before then to carry on my step fathers last name instead of my biological fathers name.

    Fran’s Answer

    If you want to change your name then you need to do a name change. You can look on www/texaslawhelp.org for free forms or call an attorney to help you.

    You will need to be finger printed and have a criminal background search done before a judge will approve it.

    The filing fee is Harris County is around $300. Legal fees can run easily over $1,000.

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