David Scott Perwin's Answers

David Scott Perwin
Rosenberg Divorce / Separation Lawyer.
Contributor Level 9

1

Attorney answers:

  1. David Scott Perwin

What can be done when ex-wife is harassing you with constant calls on work phone & she won't abide by any of the divorce rules?

Asked by a user in Gilmer, TX - over 2 years ago.

I would suggest you record YOUR conversations with her as proof of the violations you are refering to (As long as you are in Texas). YDifferent states have different laws about recording conversations. As long as you are a party you can do it in Texas. You could also put her on speaker, and have another credible witness hear her. Further, you will need to have sufficient proof before taking legal action. But you will need to get an attorney.

2 people marked this answer as helpful

1

Attorney answers:

  1. David Scott Perwin

What can be done about false alegations of adaultry

Asked by a user in Dallas, TX - over 2 years ago.

Truth is always a defense. Whether she made a legal allegation of adultery was not stated, however if she did, you would file a response denying this allegation. Adultery carries very little weight in todays society - but you might seek legal counsel - to ensure that your good name is protected, because if proven, adultery could affect the division of property in your divorce.

1 person marked this answer as helpful

1

Attorney answers:

  1. David Scott Perwin

Am I paying to much for child support.

Asked by a user in Garland, TX - over 2 years ago.

Without knowing how much you make it is hard to say if $478 is too much. But if that is your only child you are legally responsible for, you would be obligated to pay 20% of your net resouces - as defined by the Texas Family Code. As the obligor, you would also be responsible for 100% of the cost health insurance. If there is been a change in circumstances, job loss, etc. you could go back to court after 1 year. Typically reviews are done every 3 years.

1 person marked this answer as helpful

2

Attorney answers:

  1. David Scott Perwin
  2. Jason Austin Joseph Lundberg

How do I send divorce papers to my spouse who is in jail?

Asked by a user in Fairfield, TX - over 2 years ago.

If he is willing to sign the waiver, typically the jail will have someone who can notarize, otherwise, you would bring the papers to him along with a notary public. Otherwise, you will have to have him personally served with a citation along with the petition through the clerk's office, using a constable, law enforcement officer, or person approved in the state of Texas to serve legal papers.

1 person marked this answer as helpful

1

Attorney answers:

  1. David Scott Perwin

Is it true if my kids are over 18 and have there own children i dnt have to pay back child support

Asked by a user in Corpus Christi, TX - over 2 years ago.

You still have to pay back child support, the support period is for a time when you children were under 18. The fact they are over 18 is irrelevant.

1 person marked this answer as helpful

2

Attorney answers:

  1. David Scott Perwin
  2. Kenneth Parks Gober III

Chances of Mother being granted full conservator ship when father has a criminal background and history of family violence?

Asked by a user in Austin, TX - over 2 years ago.

His criminal background in part depends on timing. Did he have the criminal background when you had the child with him? If so, you knew about it, and still were with him. If that is the case, then it won't carry that much weight with court. However, if the committed violence against you since the birth of your son, and has been convicted or found to have committed family violence, then the burden would be the father's to show why he should have joint custody. The last part, would be your own...

1 person marked this answer as helpful

1

Attorney answers:

  1. David Scott Perwin

My ex is meant to pay child support. He lives in the UK, I live in Texas and he is now refusing to pay anything. What can i do?

Asked by a user in Houston, TX - over 2 years ago.

I would suggest you contact the Attorney General of Texas.

1

Attorney answers:

  1. David Scott Perwin

My husband pays child support for 4 kids from a previous marriage and we are expecting. can we get child support lowered?

Asked by a user in Corsicana, TX - over 2 years ago.

His child support would be lowered 2.5% of his net resources, to 32.5%. To avoid paying for legal services, he should ask the attorney general to review his support order. I would wait until after the child is born.

1

Attorney answers:

  1. David Scott Perwin

Can I get my husband to sign the waiver before the Petition for Divorce is filed with the County Clerk?

Asked by a user in Houston, TX - over 2 years ago.

No, waiver cannot be signed until after the petition has been filed. The petition is filed with the District Clerk not the County Clerk.

1

Attorney answers:

  1. David Scott Perwin

Things left behind before divorce

Asked by a user in Livingston, TX - over 2 years ago.

Either have him served with a restraining order, or injunctions prohibiting him from destroying or selling property. This will need to be done as soon as possible. If possible take pictures and document the items you are concerned about.