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Fran Brochstein

Fran Brochstein’s Answers

2,984 total

  • Can I get a refund from my attorney When canceling my divorce process?

    I canceled my divorce process and my attorney had not filed it with the court yet. I had filled out the information over the phone with her but never met with her. I agreed to pay her for the time but she hasn't refunded me anything?

    Fran’s Answer

    As for a final bill. It should include all of her hours and expenses. You might not be entitled to a refund. I assume the filing fee was already paid (around $300) and then she will charge for the time she spent talking to you on the phone, emails, and preparing legal documents. It's impossible to address without more information. Good luck!

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  • My mother is 83. I have been told that we need to save all receipts where she spends money. Is that necessary?

    She is spending time with me since January because she has trouble with memory. She is from Ohio and I live in Magnolia.

    Fran’s Answer

    Better safe than sorry. You need to meet with an attorney in person since you have not included much information. An hour consultation with an elder law attorney might be very helpful.

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  • Divorce (within 1 year of marriage) from Wife who is not yet a US Citizen? Husband is US Citizen. What is the best/worst case ?

    I am an US Citizen(born in India) married (2yr ago)my wife(Indian Citizen). She had to wait for papers to US for 12+months. After she got her papers, she has been with me the past 10 months or so. Lots of turmoil during these months and often she ...

    Fran’s Answer

    Talk to an attorney in your city. You probably need to talk to an immigration attorney too.

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  • Divorce process in Houston

    Please help explaining, husband never financially supported wife, how wife can get all the expenses what she did? during marriage. Please give an insight of the process

    Fran’s Answer

    Far too complex to discuss fully in this small space.

    Talk to a family law attorney in person.

    Basically, when married people can be "dumb" and do whatever they want. I had a couple that gambled all their money away and at divorce wife wanted her 50% - too bad, so sad -- the money is gone. Another spouse was spending all the money shopping, the other spouse had a divorce in order to save 50% of what remained from their savings.

    At divorce, the current assets and debts are what is relevant. Courts are not set up to correct all wrongs. What exists at the time of the divorce is what is relevant.

    Plus, both parties would have had to pay utilities, rent, etc. whether they were married or not. Sometimes a spouse has reimbursement claims but sometimes it's not worth trying to prove it.

    So many relevant facts omitted - length of marriage, minor kids, health of the spouses, income of the spouses, etc.

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  • How do I enforce mediation for divorce case?

    After 4-hour consultation with an attorney, I went pro se (as I didn't anticipate high conflict) for temporary orders. However Pre-trial date is around the corner and opposing part refuses to go to mediation. I have several emails from the past ...

    Fran’s Answer

    You are held to the same standard as any Texas attorney. Judges are not allowed to give legal advice from the bench. So go to the law library or hire an attorney.

    Of course, I don't do my own plumbing, car repairs, house repairs or dental work. I hire someone that knows what they are doing to help me.

    Best of luck!

    This site is for informational purposes only and we are not allowed to give specific legal advice.

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  • Need help with my cps case

    someone called cps and i have done everything my caseworker has asked of me. I took a urinalysis test and I passed now they want me to take a hair follicle test. I really don't want to have to miss work again. do I have to take both test even thou...

    Fran’s Answer

    If you are indigent you can get a pro bono (free) attorney. If you need to hire one, check out my blog that lists several Houston CPS attorneys. We are not allowed to make recommendations on this website.

    Basically CPS can order you to do all sorts of stuff and if you ever refuse then you are usually presumed guilty.

    This case will probably go on for a year so you might as well get used to jumping through CPS's numerous hoops.

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  • Is the obigee's business losses from a side job (not her primary means of employment) grounds for reduced child support?

    Can you claim that the party receiving child support is purposely under employed and therefor would have more resources to provide for child if they didn't start a small business?

    Fran’s Answer

    what the person receiving child support makes is basically irrelevant in Texas.

    Child support in Texas is only based on the net resources of the person ordered to pay child support.

    If you have any questions, then meet with an attorney in person to discuss this matter.

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  • Can I get an annulment if my husband is incarcerated and he remarried and we are still legally married

    Two kids no assets/property

    Fran’s Answer

    No but you can file a divorce.

    You can only be married to one person at a time in Texas so his "new" marriage is not valid.

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  • Child Support calculation

    If i am going to mediation and my wife is pregnant due in 4 weeks, will that count toward reducing my obligation to my ex wife to pay support for my daughter?

    Fran’s Answer

    Postpone mediation until the baby is born. Then you get a slight reduction.

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  • How do I legally become the sole custodian of my two young kids? Is there something I should file?

    Kids are both under the age of twelve. I am still legally married although I have been separated for over three years. The kids live with me full time, I just want the rights to make the decisions on childcare, medical care, etc.

    Fran’s Answer

    Since Texas has no legal separation your only option is to file for divorce with temporary orders. We are not allowed to make recommendations so do your research on this site and call around.

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