Karen L. Marvel’s Answers

Karen L. Marvel

San Antonio Family Law Attorney.

Contributor Level 12
  1. Can i go to civil court for a child support modification!

    Answered over 1 year ago.

    1. Karen L. Marvel
    2. JaPaula C Kemp
    2 lawyer answers

    You can always file for a modification but you may have to pay a lawyer to do it. The OAG looks at a formula. If you know he has other resources that can be proven you can get the child support increased. Also, the fact he does not exercise visitation can help your case. You need a lawyer -- this is not something you can do yourself.

    3 lawyers agreed with this answer

  2. RE: child support. My wife and I have divorced. I have to pay Child Support.

    Answered over 1 year ago.

    1. Michael Glynn Busby Jr.
    2. Karen L. Marvel
    3. Jacqueline R. Kriebel
    4. David Alexander Browde
    4 lawyer answers

    In setting child support the court has the right to look at all resources you have. I think closing a bank account while the process is going on looks like you are hiding assets, which could come back to haunt you. If you have a straight paycheck job, the AG generally calculates child support based on your earnings. If you are self employed it gets a little trickier and that's where your savings comes into play. You did not say if this is an establishment of parentage or a modification of a...

    3 lawyers agreed with this answer

  3. Can a divorced man be forced to pay back child support when his ex wife refused to allow him access to his daughter?

    Answered over 1 year ago.

    1. Karen L. Marvel
    2. Jacqueline R. Kriebel
    2 lawyer answers

    Texas has a presumed limitation on the amount of back support to be paid -- it is presumed that 4 years of support is in the best interest of the child unless the mother can prove (1) the father knew or should have known he was the father of the child and (2) "sought to avoid the establishment of a support obligation. " Tex. Fam. Code sec. 154.131(d). Child support is calculated based on his income. It sounds like he needs a Texas lawyer to protect him and put together the paperwork. Look here...

    3 lawyers agreed with this answer

  4. Child support arrears but child was living with me.

    Answered over 1 year ago.

    1. Karen L. Marvel
    2. Heidi S. Whitaker
    2 lawyer answers

    You need to contact the Texas Attorney General immediately and provide proof that your child is living with you (school and doctor records, etc). They should wipe out the arrearages but they cannot change custody for you. The Texas Family Code provides for an offset if you have actual control and support of the child. They may be able to start a child support review process to stop the support. That's the best free option out there. Use your tax refund to hire an attorney in Abilene who is here...

    3 lawyers agreed with this answer

  5. I pay child support for 1 child, but i have custody of 2 children, how do i get my child support payments reduced

    Answered about 2 years ago.

    1. Karen L. Marvel
    2. Jordan E. Watson
    2 lawyer answers

    You can apply for services with the OAG for free to ask for a reduction based on changed circumstances. You don't say if you are getting child support from the other parent of the 2 children you have custody of -- if not, you should! If you owe back support on child no. 3 you will still have to pay it even if child support is reduced. You can hire a private attorney to do it faster but you will have to pay money up front. Good luck.

    3 lawyers agreed with this answer

  6. Do I really have to appear in Dallas court or pay his legal fees for this ridiculous exercise?

    Answered about 2 years ago.

    1. Karen L. Marvel
    1 lawyer answer

    You can't waive child support without the court's permission. The waiver will be void. There has to be a judgment and a release of judgment per Texas Family Code sec. 157.263. It's probably more money than that with the medical bills outstanding. I strongly suggest you get the lawyer who filed the original action involved. Even if you dropped the case it is still in Brazoria County. If you need a lawyer, look for Brazoria County lawyers here on Avvo who can help you. Good luck.

    3 lawyers agreed with this answer

  7. My daughter lives with me and her mother still receives child support from me and will not stop it. what can i do

    Answered about 2 years ago.

    1. Karen L. Marvel
    1 lawyer answer

    If you cannot afford a lawyer the Texas Attorney General should be able to help you because you are now entitled to child support. They will not fight a custody case and do not represent you -- they represent the State of Texas which gives them the right to get in a case and assist whoever needs assisting. You probably need a lawyer to terminate the withholding order in the meantime -- sometimes the Attorney General is pretty backed up and it takes awhile to process a case. You can call the...

    3 lawyers agreed with this answer

  8. Can child support levy or take a secure credit card ??

    Answered over 1 year ago.

    1. Karen L. Marvel
    2. Katherine Ellen Shipman
    2 lawyer answers

    I would like to add a little bit to Ms. Shipman's excellent answer. A child support lien can freeze assets like a bank account, retirement account or other real or personal property before a judgment is granted. The lien only freezes the money. It takes a judgment (or administrative determination under Family Code Chapter 158) and a subsequent levy on the account to seize the money. It is highly improbable that a secured credit card could be taken unless the money is held in a bank account in...

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  9. What kind of lawyer would he need??

    Answered almost 2 years ago.

    1. Karen L. Marvel
    2. Michael J Corbin
    2 lawyer answers

    $217 in child support is barely minimum wage child support -- I doubt he could get it lowered. However, he could get it redirected to the godfather of the child. He may need to apply for services with the Attorney General. It is presumed that people can work a 40 hour week earning at least minimum wage. As for the fact that he doesn't have a social security number -- he brought those kids in the world -- he is responsible. Don't make excuses for him. You knew his status when you had 2 children...

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  10. What assets are exempt from being seized in a retroactive child support suit.

    Answered 4 months ago.

    1. Karen L. Marvel
    2. Maria Sara Lowry
    3. Mark Allen Land
    4. Sherrie Haussner Travers
    5. Michael Glynn Busby Jr.
    5 lawyer answers

    You need to hire a lawyer. With child support, the only exempt asset is the homestead, everything else is subject to being seized to repay the retroactive child support. You need someone to aggressively represent you and protect you in this delicate situation. Good luck.

    2 lawyers agreed with this answer

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