Barbara Lynch Schnack's Answers

NCP 75K in arrears and wants to pay $35K now, private deal for the balance and pay regular support amt. How, what 2 do?

The best advice I can give you would be to consult with a family lawyer in New York, who could advise you on the effect of a private agreement, and on how best to make it work for your ex. Under Texas law, a private agreement works only so long as it becomes incorporated into an agreed order, which is then submitted to the court for approval. Without the court's approval of your agreement, the unpaid child support never really goes away, and would likely still cause problems with your ex's...

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Can I get an Annulment in Texas? Who can help me?

While the answer to your question will turn on the very specific facts of your situation, it is possible that you may obtain an annulment on the basis that your marriage was a result of fraud, duress, or force. Since you indicate that you did not voluntarily cohabit with your spouse after learning of the situation, you may be able to meet the requirements for an annulment. You must either have been married in Texas or the other person must reside in Texas for Texas to have jurisdiction to...

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How to I correct a filed divorce decree?

I'm afraid your terminology may have confused me a little, but if I understand your question, I believe you are asking how to amend your divorce petition to correct an error in the part of the petition in which you state the date on which you and your wife stopped living together as husband and wife. If that is your concern, the fix is rather easy. You would simply resubmit your divorce petition to the Tarrant Co. District Clerk's office where you filed your original petition with the correct...

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I filed for divorce in Harris county. I am in the 247th district court. We had already been separated 8 years. We had one child.

I'm very sorry to hear that you are having such difficulty obtaining a divorce, but unfortunately, the situation you describe in which your wife has had children with another man during your marriage complicates your situation quite a bit. You do not mention whether you are represented by an attorney, but I strongly urge you to seek legal counsel to help you, particularly with the need to join the other man as a party to your divorce so that the paternity of the two other children is properly...

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What documents do you need If there are children born during the marriage but the husband is not the Father.

If the husband is not the father of children born to the wife during the marriage, you will likely need some legal help to do what is required to address the issue in the divorce. Because the husband is presumed to be the father of any children born to the wife during the marriage, even if husband and wife did not live together when the children were conceived, it is often necessary that genetic DNA testing be done to disprove the presumption of paternity. Once the genetic test results have...

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Can property bought after separation (not "legal") be considered as community property in Texas?

Texas is a "community property" state, which means that any property you or your wife acquire during your marriage (with a few exceptions) is presumed to be community property to which both of you have a right to claim ownership, regardless of whether the deed or title to the property is in both parties' names jointly, or in the sole name of either the husband or the wife. Since you were legally married to your wife at the time you purchased your house, even though you were not living together,...

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Do you have to be married for 10 years when you file for divorce to qualify for alimony?

The requirement that you and your husband be married for 10 years is a threshold requirement for eligibility for post-divorce maintenance based on inability to support one's self, which means that you must have been married 10 or more years before filing for divorce. Additionally, you must prove to the court that you lack the ability to provide for your own "reasonable minimum needs" through employment. In other words, you must demonstrate to the court that you are making significant efforts...

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Can i video record my children talking to me about what their dad does after I drop them off?

Just because it is legal to do something doesn't necessarily mean you should do something, and it is my opinion that you should be very cautious about recording your children as you describe. While you don't say specifically what your children have reported to you, putting them in front of a video camera to record the things they've told you is likely to make them uncomfortable and feel as if they are being put in the middle of conflict between you and their other parent. It is common for...

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Is my prenup valid?

Your prenuptial agreement is almost certainly valid, despite the fact that you received advice from someone not licensed to provide it. If the prenuptial agreement is in writing, was voluntarily signed by both you and your spouse, and was not "unconscionable" at the time it was signed, the prenuptial agreement will be enforced by the Court at the time of a divorce. If you wish to contest the validity of your prenuptial agreement, or if your spouse is attempting to contest it, you will need...

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How can you be exempt from child support?

The problem for you is that TANF is a state welfare program by which the State of Texas was providing for the support of your child while you were incarcerated. The state has the right to seek reimbursement from you regardless of whether or not your child's mother filed seeking child support. The Office of the Attorney General is charged with the duty to recover TANF monies whenever possible, and nothing your child's mother says or does will change that. You may find that the Office of the...

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