Skip to main content
Karen L. Marvel
Avvo
Pro

Karen Marvel’s Answers

434 total


  • Can My husband and I be bullied into a forced divorce due to child abuse allegations?

    Dealing with a custody battle now that this thing has spiraled out of control. I am being told that if I don't divorce my husband, then I'll never get son unsupervised. I agree that a mistake was made, however, I don't believe this is the proper p...

    Karen’s Answer

    If you saw bruising from a spanking and did not do anything about it and someone else did, you need to revisit your approach to these situations. CPS cases are a specialized field and the lawyers who work there know the system. You need to hire an aggressive family law attorney with CPS experience. Look here on Avvo. Ask your family for help to get the money. You may be able to salvage this but if you don't follow CPS recommendations and get some additional parenting skills you could lose your child for good. 99% of the parents in this country have never had CPS involvement so that is not a good justification that you should retain custody.

    See question 
  • If my children's fathers' parental rights were terminated & children were adopted by their stepfather does child support cease?

    I got divorced in TX, child support was ordered for both children, but wasn't paid by the birth father/ex husband. Eventually his parental rights were terminated, and the children were adopted by their new stepfather. A copy of the termination/ado...

    Karen’s Answer

    Texas law forbids parties from self help in modifying past due child support. If it was owed at the time of termination, it is still due. You cannot forgive the child support arrears UNLESS it has been reduced to judgment first. This money may be an unexpected blessing, but I agree with the other lawyers that you need to notify the Attorney General about the termination (and send them a copy of the adoption and termination paperwork in case they did not get it). Check your payment record online with the Attorney General (call 800-252-8014 if you do not have your customer ID number) and see if the amount adds up.

    See question 
  • Divorce granted in 2007. The decree mentioned a sum for a QDRO payable to me from ex wife's retirement.

    My Ex-wife is recently deceased. I have a copy of the divorce decree with the amount listed payable to me upon her retirement which was Texas Teacher's Retirment Fund. My Exwife passed away two weeks ago. I have had no contact with her since th...

    Karen’s Answer

    You stated you looked online at the Register of Actions but did not see a QDRO. Sometimes the QDRO language is included within the body of the decree of divorce. Go get a certified copy of your decree and consult one of the many knowledgeable family law attorneys here on Avvo in who practice in Fort Bend County. Good luck.

    See question 
  • My son's father is in the arrears for $53,000 in child support, makes living off of foster kids. What can I do to get the money?

    Back child support owed.

    Karen’s Answer

    I had this identical issue in a child support case once. It is highly unlikely the court will order that he pay you from the foster child care money he receives. It is more likely that he could be put in jail for contempt -- however, given that he is housing foster kids, that is a tough call as well. You need an aggressive attorney who is very well versed in child support. Even though he has foster children, if you have a judgment, you may be able to attach some of his other assets (car, boat -- everything but the house) to collect your support and get his attention. Good luck.

    See question 
  • Geographical restrictions? Can I get out of having them without having to being hx of violence up? I have support in Dallas...

    My bf & I are still together. We share a 1 y/o daughter. He has 2 other children, 1 that lives with us and the other doesn't. He pays child support for her. When that cs was put into place he was self employed & had no medical coverage. He now is ...

    Karen’s Answer

    It sounds like he is trying to get a SAPCR and child support order for the two of you even though you are living together so his child support on his other child will be reduced? That is fishy. It is even fishier that he says there should be a geographic restriction when the 2 of you are still living together. We all sound the same but this is the kind of thing where advice on a website cannot help you. You really need a lawyer to advise you with all of these issues -- especially how his previous abusive behavior figures into a possible custody fight between the two of you.

    See question 
  • Iam on medicaid, my child is on medicaid. Is it normal for the child's father to pay $250 to medicaid when receiving child suppo

    She is currently under my medicaid policy. Can I carry her and just get his child support? It is more cost effective if I carry her with medicaid

    Karen’s Answer

    Does the father have health insurance available? If so, then you should not have the child on Medicaid. Medicaid is not a freebie -- it provides insurance when neither party has access to insurance or are too poor to afford it. What seems cost-effective for you is not cost effective to the State of Texas because the state is paying the majority of your Medicaid cost -- not you or the father. Even if the insurance costs the father $250/month, that money would not go to you. His child support would be adjusted some, but not so you would get an extra $250/month.

    See question 
  • I was denied child support because my childs father receives SSI. I don't know what to do?

    After I was denied from the child support division they told me to go to the social security office. I went and I received a letter in the mail stating that any benefits that the child could receive would be denied because anything that could be g...

    Karen’s Answer

    As the other attorneys have stated, if father only receives SSI (Supplemental Security Income), there is no government payment to the children AND it cannot be counted as income in Texas for determining child support. If that is father's only source of income (and his disability is long term) you won't get child support from him -- not through Attorney General. If father has combination of SSi and SSDI (Social Security Disability Income), there may be a benefit to the children but it sounds like you have already explored that angle. There probably is not anything you can do now. However, you can keep tabs on the situation in case father is removed from SSI so you can request child support then. Social Security requires people to update their status and if they no longer qualify, the SSI will stop. Good luck to you in this difficult situation.

    See question 
  • My Ex's back child support went from $6,000 to $25,000. How can this be?

    My ex owes me about $6,000 from what I have calculated in missed payments over the past 2 years. (He has paid child support throughout the past 2 years but had changed jobs and refuses to pay for some months at a time for various points). I was ne...

    Karen’s Answer

    You statement "nunc pro tunc" order probably explains the difference. Get your old order and the new order out and compare them for differences when you take it to the Attorney General. One of the questions to ask the AG will be how much is owed to you and how much is owed to the State of Texas for public assistance reimbursement? If the AG was pushing for the correction, your prior order may have left out some money owed to the State. Six percent simple interest accrues on past due child support but that amount of increase is not only interest.

    See question 
  • Can I apply for child support ?

    I moved to Texas a year ago. I want to put child support on my ex-partner who lives in California. My son is only 1 years old. We never got married but he did sign the birth certificate. He does not have legal status in this country therefore no s...

    Karen’s Answer

    If your ex has never lived in Texas, Texas cannot order child support. Texas can only decide parentage, custody and visitation. The Attorney General will work with California to get an order entered in his state of residence, which is not very easy if he is here illegally. You need a California private attorney to jump on this case -- especially if there is money already in your hands. I suggest you look here on Avvo for a California child support attorney in the city where he lives. You will need to pay out of pocket but the peace of mind for getting the child support will be worth it.

    See question 
  • I need legal aid to file a motion of contempt for me against NCP who owes over $15,000 in support

    i need legal aid to file a motion of contempt for me against NCP who owes $19,300 in support. He''s a government employee who resides in MD while i reside in TX. I have a case open already with child support office here in TX, but they haven't had...

    Karen’s Answer

    If you are not getting your current child support, you can pay $15.00 for the clerk's office to issue the withholding order to the new employer (assuming you know what branch of government he works for). Most Legal Aid offices do not touch child support cases -- the Attorney General is their resource for collection. As stated by other attorneys, some attorneys will work with you on a percentage basis. There are many remedies available to you but it may cost you money upfront to make it happen. Waiting on the state of Maryland to respond is extremely frustrating so good luck.

    See question