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Fran Brochstein

Fran Brochstein’s Answers

3,097 total

  • What are pros and cons of an informal marriage

    do not want my credit to affect his, would informal marriage require him to use my info on any credit applications? Would he be required to state married on applications?

    Fran’s Answer

    In the state of Texas, you are either married or you're not married. You can read the Texas family code online for free.

    Once married in Texas you generally need to file for divorce and ordered in the marriage. There are some exceptions but I recommend talking to a Texas family law attorney in person if you have any questions.

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  • When is it considered child abuse? Should I call cps?

    My stepson is 13. When he is with us he is a good albeit typical 13 year old with attitude. When he is with his mother however she claims he is terrible and out of control. She feels it is necessary to reprimand him with a belt, wash his mouth out...

    Fran’s Answer

    I would talk to an attorney about modifying your current court order.

    CPS does not perform "miracles". They are overwhelmed with calls and their staff is underpaid and overworked.

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  • Is Docusign binding in establishing paternity?

    I had written the mother of a child a docusign letter, in which I admitted paternity. She opened a child support case and now I decided that I want a DNA test. Will they go by the docusigna admission or by the DNA test?

    Fran’s Answer

    You need an attorney.

    I had one guy that went to TX A G by himself. He was overpaying child support by $300 each month due to a typo! Ex knew it and laughed since she'd gotten the extra money for over 4 years!

    He said he could not afford an attorney. I pointed out that he he'd pay almost $20,000 too much in child support and no attorney would have cost him that much for a simple TX A G case!

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  • Child support

    I believe my ex wife is trying to avoid having to pay more in child support, by quitting her job before we have court. Currently, she's only been required to pay $50 a month. She's paid this, by wage garnishment, for the past year. I filed as soon...

    Fran’s Answer

    Minimum wage child support is approx. $225 a month.
    Plus, she should pay for the cost of the kid's health insurance premium and 50% of uninsured medical.

    Time to lawyer up - get copies of her W-2s and tax returns for the past 3 years.

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  • Mother's boyfriend blocks me from visiting my daughter at school cafeteria

    My ex-wife's boyfriend made a scene at school telling me to leave. I ended up leaving so that my daughter would not feel more awkward than she already did. In addition my daughter has been conditioned to tell me that she does not want me around ...

    Fran’s Answer

    Attorney Baker gave his usual excellent answer.

    You might want to hire a family law attorney to help youu.

    Look on this site for an attorney in your area.

    Good luck!

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  • I just turned 17 and live in Houston Texas; is it legal for me to leave my home drop out of school go to Iowa and re-enroll?

    I have had issues with my family for 6 years and I feel ready to leave and don't want to be looked for by the police.

    Fran’s Answer

    In Texas for crimiinal purposes you are an adult at 17.

    For civiil purposes, the moment you turn 18 you are an adult in Texas.

    So the day you turn 18 you can leave and do whatever you want. Be aware that proobably everything you owe belongs to your parents sso yoou anot remove anything (other than the clothees on yur back) unless they agree.

    You might want to consider talking to an attotrney - usualluy runs around $350 per hour.

    Good luck!

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  • My wife married a man and we aren't divorced. How can I find out where she got married, so I can file a bigamy complaint?

    I'm in a same-sex marriage. We have been apart for over two years and aren't divorced. We weren't able to divorce in Tx until this past June. So, instead of waiting, my wife married a man several months ago. Also, since we have been apart, sh...

    Fran’s Answer

    It's obvious that you are in a lot of pain.

    Bigamy is criminal. Divorce is civil. I hate to tell you how many people in Houston Texas are bigamists. I have not seen the Harris County District Attorney prosecute a lot of these cases because of lack of funding and time. They have criminal to prosecute.

    I would suggest that you call around and find a sympathetic attorney to help you get divorced.

    Good luck!

    We are not allowed to make recommendations on this website. Look on and try to find someone that you like.

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  • Minor kids at party with alcohol

    Is there anything that can be done... Non custodial bio mom plans on taking my boys ages 6 and 8 to an adult party this weekend during her visitation. Drinking and possibly drugs involved. I have gave the option to watch the boys instead of them ...

    Fran’s Answer

    Other attorney's answer is good. Calling CPS is a waste of time. They only investigate after the fact. They don't have to send social workers to raid parties.

    If you can agree then you can work it out.

    I would print out the facebook post in case it gets deleted in the future.

    Might be time to talk to a family law attorney. There are plenty in Houston.

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  • If one spouse files a petition for divorce but never filed any additional paperwork, can the other spouse file for divorce?

    One spouse files for divorce because the other spouse left but this particular spouse felt that the spouse that left should have to take care of all of the paperwork. The first spouse never filed a petition to nonsuit. Can the second spouse then s...

    Fran’s Answer

    You have not provided enough info to fully answer.

    If divorce is still pending, then file a counter-petition to divorce. Much cheaper to "tag" along the current divorce. I also recommend hiring an attorney to get it done right. It sounds like spouse is now not cooperation.

    If case has been dismissed then it's finished. You need to start from scratch.

    Look on this website and hire someone.

    good luck!

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  • Common law in Texas we've lived together people knew us as married in over 18

    Anitra 2148616075

    Fran’s Answer

    Witnesses and paperwork can be used to prove a common law marriage.

    Many judges like to know how the 2 of you filed taxes too.

    Hire an attorney in Richardson to assist you. Look on this site & hire one.

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