Fran Brochstein’s Answers

Fran Brochstein

Houston Mediation Attorney.

Contributor Level 18
  1. If i was "common law marriage" and claimed taxes as married do i have to get a divorce decree?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Paula Brown Sinclair
    3. David Alexander Browde
    4. Jayson Lutzky
    5. Christopher Michael Larson
    5 lawyer answers

    I don't know why people that don't practice in Texas answer these Texas common law marriage questions. I'm not getting any "points" for answering this question -- but I cannot ignore the somewhat vague answers that the other attorneys gave you. The Texas legislature has been tweaking this section of our family code & making it a nightmare for family law attorneys and for the public. The public definitely does not understand the common law marriage provisions of the Texas Family Law Code...

    5 lawyers agreed with this answer

  2. What happens if my shusbands adoption of my son does not go through?

    Answered over 2 years ago.

    1. Fran Brochstein
    2. Bruce Campbell Zivley
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You live in Houston, Texas. There are many excellent family law attorneys in Houston. You need to meet with one in person and discuss all the options. Termination and step-parent adoption cases are complex. The Harris County family court judges don't grant these without a lot of thought. Your son is approx. 12 years old and knows his bio. father. If your son does not want his step-dad to adopt him, then the judge will not terminate his bio. dad's rights. I've written about this...

    5 lawyers agreed with this answer

  3. 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

  4. 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

  5. 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

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

    Answered 5 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.

    Selected as best answer

  7. 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....

    Selected as best answer

  8. 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...

    Selected as best answer

  9. 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...

    Selected as best answer

  10. 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...

    Selected as best answer