Child support is based solely on the person paying's income. Income and resources and character of the person being paid is not taken into account. Support can be modified every 3 years or if the amount to be paid will vary by $100 or 10%. If she is trying to file again, talk to a good family law attorney to review your options. I offer free consultations at my office (713) 807-9405.
You can get a divorce from someone who is absent, but it is technical and difficult. I do not recommend trying to do it without an attorney. You will have to file a petition for divorce, then prepare an affidavit to get the Court to allow you to publish notice. You will have to prepare all paperwork yourself, and do the Court appearance.
Good luck to you.
The actual assault is not usable, but if it causes you to behave in abnormal ways, then they can use that. You should not be fighting this without an attorney. A good family law attorney can help you defend yourself and your children.
Under the law, you have to notify your child's mother if your current wife is on the sexual predator list. You also have to let her know where you live, what your phone number is, where you work, and what that phone number is. You do not have to be friends of facebook, notify her about your schedule when you son is with you, or give her any other information about your current wife. She does not have the right to limit your visitation on her own, only through a Court Order.
The power of attorney is not legally binding on you. All you have to do is file a revocation and it is done. You should be able to just pick up your child at any time and take her home. You mother could be charged with kidnapping if she doesn't return your child. (Do both you and the child's father want her back?). If the police won't help, you might have to file a habeus proceeding with a Court, but it shouldn't go that far.
Good luck to you.
Yes, a family Court Judge can put you in jail in an enforcement action for not paying while you were incarcerated. Start making payments toward the arrearage now, which will make you look better when you are in front of the Judge.
Also, you should be aware that not paying child support is often a probation violation in Texas. Check with an attorney in your area to see what your exposure is.
There is no "standard" divorce decree. There is "standard" language for various parts of the decree, depending on the facts of the particular case. Some attorneys will be happy to simply draft the paperwork for a lesser fee than actually representing you. I have done this on a number of occasions. Particularly if there are children, you want paperwork prepared by a good family law attorney.
A great deal depends on what your divorce decree says about the property. Your husband can't give away something he doesn't own, so if the property is half yours, he can only give his new wife part of his half. Call my office for a free consultation to discuss your options.
This is a complicated situation. You should talk with a good family law attorney. Does your custody order have a geographic restriction? If not, you should go back to Court and have one added. This will prevent her from moving the residence of the children outside of a geographic area. Most Harris County Courts take these very seriously. You also should have an attorney look at your final order concerning the defamation. If there is an injunction, it can be enforced. If not, one should...
Only a Court can award custody. If you make an agreement, you can revoke it unless it has been made into a Court Order. No Court Order, go get your son. Remember, that after having the child for 3 years, your mother has standing to file for custody of him and take him from you. Contact a good family law attorney in your area to discuss your options and be ready for her.
Good luck to you.