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Alyssandra Michelle Fulton JD

Alyssandra Fulton’s Answers

23 total

  • Do i need a lawyer to get more child support if my ex went back and got another 2nd job after divorce is final

    My ex and i went back and forth just because he didnt want to pay the amount of child support. now that our divorce is finalized he went back and got a 2nd job. im afriad that if i take him to court if he gets serve he's going to quit his job agai...

    Alyssandra’s Answer

    If your Order is less than a year old, the court most likely won't look at an adjustment anyway. If you want to modify before 3 years, you will definitely need an attorney. You could try the AG but they represent the State, not you, and I have seen custodial parents walk out in worse shape than when they walked in. Also, the law doesn't require him to work two jobs, so if he quits the second job I don't think you would win a deliberate underemployment argument. I don't think you have a viable modification at the moment, but that is my opinion based on my experience. Other colleagues might disagree. I truly wish you the best.

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  • Is there a limit on how far back, in years, you can go to ask for restitution? Is there a limit on the amount to asked for?

    Husband has a business and used our joint money to run the business for years without my knowledge. The company has several bank accounts where my money flowed into and where money flowed out one company into another accounts with the same compan...

    Alyssandra’s Answer

    Since you are married, all monies earned by either of you are considered community property. You can't file criminal charges, but in a divorce case you can pursue one of two avenues. 1). If your husband owned the business prior to marriage, then you can file a reimbursement claim for the community estate to be reimbursed for those monies taken from the community (you) and funneled through the business. You will have to make him produce all financial records and trace the money, and a forensic accountant will most likely be needed to assess the value of what the reimbursement value is. OR, if the business was started after you got married, then 2). You simply ask for half of the value of the business and hire a business valuation expert to ascertain the value. Either way, make sure you hire a good attorney who understands property division. Good luck and Happy New Year!

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  • Filing Texas Uncontested Divorce Forms: Original Petition For Divorce: Marital Settlement/Property Agreement?

    Hello, my wife and I have no minor children and agree to file and sign the forms for an uncontested divorce. My wife and I have previously signed before a notary a marital agreement that divides our property. We have the Original Petition for Divo...

    Alyssandra’s Answer

    You really need to consult with an attorney and have them draw up your final order. You cannot afford to have your property agreement wrong for the sake of saving money, because you won't be able to fix it later. While AVVO is a place to seek guidance, posting 10 questions to help you fill out your forms isn't the spirit of what this forum is intended for. Please go see an attorney and make sure that everything is done properly. Good luck and Happy New Year!

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  • Filing Texas Uncontested Divorce Forms: Original Petition for Divorce - Must the Petitioner be the Wife?

    Hello, my wife and I have no minor children and agree to file and sign the forms for an uncontested divorce. We both live in Texas for more than 6 months and live in the county we are going to file in for more than 90 days. Both of us have time ...

    Alyssandra’s Answer

    Either one of you can be the Petitioner. However, a word of caution. If you have any property, such as a house, cars or retirement, hire an attorney to draft the final paperwork to make sure it is done properly or you could find yourself in a mess. The do-it-yourself forms were designed for people who have no children and no property. Good luck!

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  • Do I still use the basic paperwork for no children or joint property?

    We've been separated for years. I couldn't find him to get a divorce. He now lives in another country. I now have a child with someone else.

    Alyssandra’s Answer

    Do not try to do your own divorce. You have a child with another man and parentage of that child must be addressed in your divorce. Find a Houston attorney on here and set up a consultation ASAP.

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  • Texas Probate Question- Are heirs responsible for home insurance, maint., and taxes when surviving spouse lives in homestead?

    Husband passed intestate. Community property (marital home) went 1/2 to surviving spouse, and 1/6 interest to husband's 3 children from former marriage. Surviving spouse continues to live in the home, but now she wants the kids to contribute 1/6 ...

    Alyssandra’s Answer

    You need to speak with an attorney ASAP. There are expenses that you are obligated to pay on the property and you will have to reimburse the stepparent for- mortgage payments, taxes, etc. if stepparent only has a life estate. As a homeowner, you are also responsible for some maintenance. Consult with an attorney stat.

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  • I have a married boyfriend. He wants to divorce his wife.

    She doesn't wanna divorce him at any coast.She knows about our affair but I know that she doesn't have much proves.My boyfriend says that if he files divorce against her on the bases of her quarrelsome nature & if she in return accuses me in court...

    Alyssandra’s Answer

    In Texas, courts do not haul the mistress into court and punish them for having an affair. At worst, you might have to testify but it would not be used against you. It would only be used against him. To be honest, I think he is lying to you and is suffering from a syndrome known as "I want to have my cake and eat it, too." He doesn't really want a divorce- he wants to have you both. The best thing for you to do is to kick him to the curb and meet a man who is not married and mature enough to be in an honest relationship.

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  • Child Custody: My ex violated the Divorce Decree as far as our kids and schools and custody. Whare are my options?

    Joint custody, the decree states the Kids remain in "X" School District. The ex changed my 14 yr old son to the school by her house, which is 50 miles away. He said he wants to live with her. Our decree says it has to be agree upon by both par...

    Alyssandra’s Answer

    You are going to need an attorney for this one. First, you could file an Enforcement action to enforce the terms of the order, but if your son wants to live with mom trying to hold her in contempt will only make your son angrier with you. Since he is 14, if he tells the judge he wants to live with Mom, then absent some compelling evidence that Mom is unfit the child will most likely get to live with Mom. The best approach would be to hire counsel and try to work out an agreement outside of court.

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