Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. My elderly mother has run up a line of credit on her home since 2004, (unbenownst to me) I have been her primary support system

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Lawrence A Friedman
    3. James P. Frederick
    3 lawyer answers

    Yes, it sounds like you need to immediately consult with an attorney experienced in elder and/or estate planning/probate law. You will need to meet with an attorney in person to discuss this complex matter. There is no way for an attorney to give you advice without knowing a lot more information. Look on this excellent website and the State Bar of Texas website.

    5 lawyers agreed with this answer

  2. Ex has cust of daughter.He has remarried. Together they earn over $200K can they sue me for more child sup if i'm not paying 20%

    Answered over 2 years ago.

    1. Fran Brochstein
    1 lawyer answer

    She can represent him. It is not a conflict of interest. How much they make is irrelevant in what you pay for child support. It is irrelevant how much money the step-mother makes since she is not her bio. mother. Parents are required in the State of Texas to support their children. Step-parents are not required to support their step-children. You are required to pay 20% of your net resources in child support if you have one child. If you have more than one child then you would pay...

    5 lawyers agreed with this answer

  3. Is over time income considered into monthly child support payments?

    Answered over 2 years ago.

    1. Shari Goldsberry
    2. Fran Brochstein
    3. Christopher Michael Vincent Kirker
    4. Bobby Dale Barina
    4 lawyer answers

    I agree with the other attorney. Net resources is clearly defined in the TX Family Code - which available to you for free on-line. I have also addressed in other questions asked on this website & on my blog (www.txfamilylaw4u.blogspot.com) or go to my website (www.familylaw4u.com) and click to my blog. Also, if he is not visiting the child, that can be taked into account regarding setting child support since you have to feed the child more often. I urge you to immediately retain an...

    5 lawyers agreed with this answer

  4. Whats my rights as a father when it comes to child support?

    Answered 4 months ago.

    1. Fran Brochstein
    2. Cristi Trusler
    3. Melissa Morgan Williams
    4. Mark Allen Land
    5. Robert Werner von Dohlen
    6. ···
    6 lawyer answers

    The Texas legislature makes the law. There will be a session coming soon so if you want to change the law then you need to contact your Texas representatives. A proposed law would need to be written to submit to be approved by the committee to then be submitted to the legislature for a full vote. It takes a lot of time and energy to change TX laws. The Texas legislature meets every 2 years.

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  5. Cost for an Amicus Attorney

    Answered over 1 year ago.

    1. Fran Brochstein
    2. Germaine J Tanner
    3. Thomas G. Simchak
    3 lawyer answers

    I agree with the other attorney on the hourly rates. You should anticipate paying at least $1,500 each side within the next 30-60 days. But if you have a difficult case that requires a lot of work - going to the school, contacting medical care providers, visiting both houses more than once or paying "surprise visits" if alcohol or drug use is suspected or abuse is suspected, interviewing and/or calling a lot of potential witnesses then you are looking at spending a lot of money....

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  6. Can my son's father terminate his parental rights?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Bruce Campbell Zivley
    2 lawyer answers

    Does your husband want to adopt him? If so, the court will terminate the bio. father's parental rights. It is a long process. It is not inexpensive. The step-father must have a criminal background check, there will be a social study (the fee is based on your family's income), and an attorney will be appointed by the judge to make sure that your son wants to be adopted. It appears that you are in Harris County. The courts take terminations very seriously. I've written about this topic...

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  7. If i agreed to Child Visitation Meditation, do i have to attend?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Joshua Clay Pearson
    3. Bobby Dale Barina
    3 lawyer answers

    You agreed to do something and it's been filed with the court. You are stuck. If you do not attend, bad things can happen. I assume that you do not have an attorney representing you or else you would understand the ramifications of refusing to attend a mediation after signing a Rule 11 Agreement. In summary, if you do not attend the mediation then the judge will probably (like 90% probability) not allow you to put the "new evidence" on that you now have regarding the other parent. So...

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  8. Can my ex husband be responsible for paying half my refiance costs on my home loan?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Bruce Campbell Zivley
    3. Dorothy G Bunce
    3 lawyer answers

    He cannot force a third party creditor to give you credit. He can take you back to court and demand that a judge "force" you get get a new loan. But a judge cannot make a creditor give you a new loan. A judge will be glad to inform him of that fact. I'm sure a competent attorney will inform him of that fact. He' s just angry because he's learned that he cannot purchase a new residence because the current loan is showing up on his credit and impacting his ability to purchase anything...

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  9. I need a sample of a Motion to waive the appointment of attorney ad litem in Texas. (or however that is called)

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Theresa Cay Langford
    3. William Tyler Moore Jr
    3 lawyer answers

    Your husband has the right to be notified of the divorce. In Harris County, all the judges appoint attorneys ad litem to find the missing spouses. I don't think they will waive this appointment. You can ask the judge to appoint an inexpensive one since you have no money. It's up to the judge. You can go to the Harris County law library and look in the law books for forms and try to make up the form that you want. There is no such waiver that you are requesting. There are many waivers...

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  10. In Texas, can an elderly person be made to move from his/her residence so that they can be cared for by a relative?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Lawrence A Friedman
    3. David M. Pyke
    4. Michael Leo Potter
    4 lawyer answers

    I can "feel" your frustration in your question. I agree with the other 2 attorneys. You really need to sit down with an attorney that does a lot of probate/elder care in your part of Texas and discuss your options. I suspect that your mother-in-law is probably beginning to suffer from dementia or some other form is impaired thinking. She is also stubborn. I also suspect that she refuses to accept the fact that she can no longer care for herself. There are many options other than...

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