Your divorce will either become final or be dismissed. If her lawyer is doing nothing, then dismissal is likely. It is in her interest to leave things as they are, since you are paying alimony. You should talk to a good family law attorney in your area to see what your options are.
Good luck to you.
It is unlikely that any Harris County court would postpone a trial just because a party got arrested. If you don't want it to happen, tell your lawyer not to agree to a continuance, or explain to you why it is in your best interest to continue the case.
Good luck to you.
Was there ever a custody order done on the child? If so, she can enforce the Order to get the child back from him. She should talk with a good family law attorney to see what her options are. She should also have a good criminal attorney for the charges against her. Your attempting to file charges under the circumstances you outlined will not help. Tell her not to plead guilty. A finding of family violence will kill her changes at primary custody.
Have her call my office for a free...
Each parent has an equal right to their child under Texas law. You have a right to leave, with your child, but you need to do it the smart way. Talk with a good family law attorney about your rights and options. Call my office 713-807-9405, I do free initial consultations.
This is a complicated situation. By law, he can't challenge your rights after the child is 4, but may be able to before that. Has someone claimed you are not the father in the divorce? If you want this child, then you shouldn't raise it. I hope you have a good family law attorney handling your case. If not, you should get one immediately. You should discuss all the ramifications of your situation with an attorney as soon as possible. I offer free consultations, call my office for an...
By law, the percentage your husband has to pay depends on how many children he has a legal duty to support. 40% seems high, but I don't know all the facts. The previous answer is correct, you have a very short window to appeal things, so get an attorney immediately to try to change the outcome.
Good luck to you.
Child support is ordered by a Court. It remains at the amount ordered until the Court enters a new order either raising or lowering it. It does not change automatically. Someone has to file something with the Court to change it. You can go to the AG, but if the order is recent, they won't touch it, and it will take 6 months to a year even if they will do it. Meanwhile your obligation remains the same and you can go to jail for not paying the correct amount.
Your current wife is not...
Do you know if there is some reason he isn't paying? Generally, failure to pay can get a person put in jail. Because of the chance of jail time, it is a very specific and complex area of the law. Hire a good family law attorney to file it for her, and get the money flowing again. If he is held in contempt, he will probably be ordered to pay attorney's fees, so there is no reason not to go forward.
You are going to need a QDRO (Qualified Domestic Relations Order) to actually get your portion of his 401k. It is a separate order from the divorce decree and normally costs extra since preparing and getting a QDRO approved by the Plan Administrator is often a complicated and time consuming task.
For educational purposes only. No attorney-client relationship was created by this communication.