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Fran Brochstein

Fran Brochstein’s Answers

2,964 total

  • Should a 1099 employee be paying spousal support? Is this considered "employed?"

    My divorce decree states that my ex-husband is to be paying spousal support as long as he's employed. He lost his job a year and a half ago. He's now working for a start-up as a 1099 employee. He has told me he doesn't have a salary. Would the...

    Fran’s Answer

    If the judge finds him in contempt of court then he can be made to pay all or part of your legal fees.

    His income tax return will reflect his earnings. He obviously has money to pay his bills. There are people that live on their investments but pay child support and spousal support based on the interest generated from their investments.

    Copies of his bank statements that show how much money he has each month will show his "income".

    Call around and see if you can find an attorney to help you.

    Or, try mediation.

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  • I was served papers on a child support modification case in Texas one year ago. service was defective.

    The papers have my father's name and I am a Jr. I am on my third lawyer on this and we are going to trial in July. None of the lawyers picked this up. There have been no appearances in front of the judge. All resets were by agreement. Can a motion...

    Fran’s Answer

    I doubt that any family law judge in Harris County is going to "buy" your defective argument. I'm sure that your attorneys have told you that but you don't want to listen.

    You need to go sit in a courtroom on "contempt" day. I think it might encourage you to settle this matter quickly. Judges don't like people that don't pay their child support.,

    Also, child support is the debt that never goes away. I get at least a call a month from a man over the age of 65 that is having c.s. taken out of his social security check and the kids are in their 30's and 40's -- at 6% interest it's the debt that never goes away.

    I had a client that inherited money from his dad and TX A G intervened in the probate and got the ex over $40,000. Boy was my client mad since his kids were all in their 40's.

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  • How do I relocate with my child back to the state where I have all the family ?

    My husband and I are originally from another state. We got married in that state, our child was born in that state, both families and extended families reside in that state. We have no one in TX! Our move to TX was TEMPORARY for his career opportu...

    Fran’s Answer

    I agree with the other attorneys. You need to meet in person with an experienced family law attorney in Houston. I bet your won't like their answer.

    How to move? Mediate and make it worth his while to allow you to move - such as daily contact via phone and internet, lower child support, liberal visitation (like a lot of time in summer and all holidays). It can be done but normally most Harris County judges won't do it unless dad is "absent" and "uninterested".

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  • Are email conversations helpful in custody case?

    Wife and I only talking by e-mail. I'm trying to gather as much evidence as possible about her actions with our son. Does it help me to have multiple emails where she admits i am allowed to visit him under supervision, that she's told family memb...

    Fran’s Answer

    I assume that they are no current court orders in place.

    Supervised visits happens when there is domestic violence, drugs, alcohol and other "bad" things involved that show bad parenting.

    If she's merely "pissed" you won't get supervised visits only.

    I recommend consulting with a family law attorney immediately. We are not allowed to make recommendations on this website.

    Good luck!

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  • What happen if I don't answer a counter petition what is a counter petition

    i filed my divorced asking for nothing, no properties no nothing and I just knew that he filed a counter petition, is this really bad?

    Fran’s Answer

    Your spouse has counter-sued you. You can dismiss your lawsuit but you cannot dismiss his lawsuit. You need to carefully read the counter-petition because he might have asked for things that you did not ask in your Original Petition for Divorce. If he hired a lawyer to help him, many lawyers find a counter-petition to avoid a future malpractice claim if the client becomes unhappy. Years ago attorneys did not usually file a counter-petition in all cases but today it's common. You might want to hire an attorney to help you - it might not be an uncontested, friendly divorce any longer.

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  • If my sons mom and me wright up a visitation agreement and have it notarized does that make it a legalized contract

    If my sons mom and me wright up a visitation agreement and have it notarized does that make it a legalized contract

    Fran’s Answer

    It's worthless even if notarized and written in blood.

    Only a judge can make it binding and legally enforceable.

    So look on this website and hire an attorney. We are not allowed to make referrals on this website.

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  • Confused about temp order about parent child relationship

    If you go to mediation and reach an agreement and the papers are drawn up what does that mean. It's a temp order issued first because our understanding was we don't go to court since we reached agreement in mediation granting us sole conservaship ...

    Fran’s Answer

    If you have a lawyer then ask your attorney. If you don't have an attorney then you probably need one. This website is for general informational purposes only and none of us can address the specifics of your case. Only after looking at your orders and looking at the court's file can an attorney explain to you what is happening in your case.

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  • I have a 17 year old Daughter who I share custody of with her Father. We are joint Managing Conservators.

    Besides the constant problems with getting him to stick to the Court ordered visitation over the past two years when I moved (just 30 minutes away), now he and my oldest Daughter are interfering with my extended summer visitation, or perhaps it is...

    Fran’s Answer

    You and the father are the only 2 relevant parties in this case. Your oldest daughter is not a party to this case. She needs to stay out of it.

    If your ex does not file the court order then you can file contempt on him and ask that the judge order him to pay your legal fees.

    You might want to contact an attorney today. Look on this website and hire one. We are not allowed to make recomendations.

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  • I need help filling out petition for modification of child custody for my daughter.

    my daughter has been placed in my custody through CPS. now I want to go back to court to gain full custodial rights.

    Fran’s Answer

    You probably need to hire a lawyer to help since the parent(s) must be served with the legal papers. Look on this website for an attorney to help you. We are not allowed to make referrals on this website. There are lots of good attorneys in Houston.

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  • Is there any way to terminate a parents visitation rights but still collect child support?

    I have a 9 yr old daughter with my ex-husband. Divorce was final when she turned 2 and support and standard visitation papers were also put into affect. He has never been consistent with payments, and has completely stopped all payments for years ...

    Fran’s Answer

    Modification. Your case is not unique. Talk to an experienced family la attorney.

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