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Eli Zev Ilionsky's Answers
- 98 Legal Answers
- 4 Legal Guides
1
Attorney answers:
What is an extreme hardship letter written by parents of a citizen spouse
Questioner, There is no extreme hardship affidavit that is "approved" by the USCIS. Each case is dealt with on an individual basis, so the evidence and letters vary greatly. In fact, I would highly advise you to create one yourself, because a template would lessen its effect since it might be likely that the USCIS agent has seen it before! Just outline the hardship that it would cause. Be specific. No need to be formal - it is not an English exam. Make sure to not only sign it, but...
19 people marked this answer as helpful
1
Attorney answers:
Can I give up my rights to stop child support in Texas?
Texas Family Code, the governing body of law for such matters in Texas, considers parental duties and parental rights as two different things. You can give up your parental rights (posession, visitation, etc.) voluntarily or have them taken away from you. However, you cannot give up your parental duties, such as paying child support, even if you no longer have your parental rights. You can, however, modify the child support amount if you are making less money than you did before, have a...
4 people marked this answer as helpful
1
Attorney answers:
Can I get spousal support since I live in Texas and it is not an alimony state
In Texas, there is no alimony law. Limited spousal suport is only available if you have lived with your spouse at least ten years before filing the divorce, and you would have to prove to the Court a reason why you require such spousal support (i.e. ill, cannot work due to a condition, etc.). Each case is evaluated on a case by case basis and the Courts tend to be very conservative in awarding such support. An attorney is highly recommended for such a venture.
4 people marked this answer as helpful
3
Attorney answers:
Is it possible to get a public defender for my DUI charge in state of TX
In Texas, The Texas Code of Criminal Procedure demands that a court appointed counsel to represent the defendant if the defendant is indigent and is charged with a (1) misdemeanor punishable by confinement, or (2) a felony. So in short, yes. However, I would advise retaining independent counsel for they would generally might have more motivation to get you the best possible results.
4 people marked this answer as helpful
1
Attorney answers:
Can I get anti harassment order against ex-spouse who continues to harass me, state of TX
Questioner, There are two sides to your question. 1) In regards to harrassment, document it well and then contact the police and fill out an incident report. The police might act on this information if they decide it warrants harrassment and then the parties might be arrested. 2) If she in violation of Court orders, it is simple: file a Motion for Enforcement and Contempt with the Court. The Court does NOT like parties openly defying its orders. If you win, make sure to ask the...
4 people marked this answer as helpful
1
Attorney answers:
How can I collect money owed from a family member
Of course you do. Family member or not, contract is a contract. Assuming you do have a contract or can prove one existed otherwise, you can file against him/her. Depending on the sum involved, you can file either in small claims court or even the "regular" county court.
2 people marked this answer as helpful
2
Attorney answers:
My husband slapped me and i pressed charges but am trying to drop them will he still be charged how do i keep it out of court
Most of the time, the District Attorney will continue forward with the charges regardless if the victim decides to renege on the complaint. Many times, family violence victims feel pressure from themselves, their families, or other sources to renege on the complaint, or otherwise convince themselves that "it was their fault," or "I deserved it." Knowing this, prosecutors usually continue with the charges regardless of your feelings, because the prosecution brings criminal charges on behalf...
2 people marked this answer as helpful
2
Attorney answers:
How does a single father establish primary custody of his child when he was not married to mother who has clearly abandoned her?
He needs to file a Suit Affecting Parent Child Relationship (SAPCR) with his local Court. The Court will determine who would be the best primary custodian of the child (called "managing conservator" in Texas) via numerous elements, but in the end the rule of thumb is "Best Interest of the Child." The SAPCR can also ask for temporary orders to be put into place which would restrict the mother's movement so she does not move away while the case is pending, and also can temporarily make him...
2 people marked this answer as helpful
3
Attorney answers:
Will I face deportation and be denied adjustment if we file for divorce after 2 years of marriage
Your green card status will be affected if you divorce before the two year conditional period, but there is a way to solve this problem: You can file an application to REMOVE these conditions based on the fact that your marriage was true and not only for immigration benefits. Your spouse would need to cooperate with you on such a petition. But since you do not know where he is, this might not be an option. Why hurry, though? If you do not know where he is, just wait out the two year...
2 people marked this answer as helpful
1
Attorney answers:
Texas child custody and visitation laws
Questioner, Based on your information, she is indeed in contempt of Court. You need to gather some evidence to the fact (an affidavit from the local police station's officer to her non-showing or a taped conversation with her refusing to go there, or both, should do the trick). Then you need to file a Motion for Enforcement by Contempt with the Court. The Judges DO NOT tread lightly on those who knowingly and willingly violate their orders. If you are successful, you are entitled any...
2 people marked this answer as helpful