Charles Emmerich Hardy’s Answers

Charles Emmerich Hardy

San Antonio Divorce / Separation Lawyer.

Contributor Level 13
  1. I have question about Texas Child Support and medical insurance Guidelines based on net income.

    Answered 5 months ago.

    1. Charles Emmerich Hardy
    2. Maria Sara Lowry
    3. Karen L. Marvel
    3 lawyer answers

    Guideline child support for 2 children by different mothers is 17.5% for each Mother. You might consider contacting the Attorney General's office to help set up your child support obligations. Good luck! Charles

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  2. I have joint ownership of residential property with my ex. The divorce was in Texas in 2007.

    Answered over 1 year ago.

    1. Charles Emmerich Hardy
    2. Cheryl Rivera Smith
    3. Thomas J. Turner
    3 lawyer answers

    Does your divorce decree offer provisions calling for the sale of the property? Did your lawyer include sale provisions with an arbitration clause (should you fail to reach an agreement as to sales price)? This is normally done. If not, you might need to file suit to "partition" the property and ask the the court set terms for its sale. You really, really need to have a lawyer help you with this, as it could be relatively easy or very difficult, depending on what terms are in the decree....

    6 lawyers agreed with this answer

  3. If my children have different fathers, is there a way I could make sure the kids could see and spend time together after I die?

    Answered 4 months ago.

    1. Charles Emmerich Hardy
    2. Dorothea Elaine Laster
    3. Kathleen Rolston Robbins
    3 lawyer answers

    You might consider having a lawyer file suit (in your existing lawsuit for your son) and either add rights of access for the other Father or appoint the other Father as a Possessory Conservator with clear visitation rights. If your son's Dad has been out of the picture, he may not care or object. Good luck with this tough situation. Charles

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  4. Can temporary orders be amended during a divorce case that is not finalized yet.

    Answered 15 days ago.

    1. Dina Kay Steele
    2. Charles Emmerich Hardy
    3. Rebecca Elizabeth Rowland
    3 lawyer answers

    Yes. (Although it sounds like you should be the one dragging it out to obligate him to continue to pay the bills.) Do you want to "Amend" the Tempory Orders or "Enforce" the Temporary Orders? Ask your lawyer the best way to proceed. Good luck! Charles

    5 lawyers agreed with this answer

  5. In Texas a child born prior to marriage who child support order already in place apart of divorce decree.

    Answered almost 2 years ago.

    1. Charles Emmerich Hardy
    2. Peggy Margaret Raddatz
    2 lawyer answers

    It sounds like there is a pre-existing child support order that is in effect. That case will need to be "joined" with the new divorce. Is spousal support a possibility in an under 10 year marriage in Texas? Yes, under limited circumstances involving primarily physical abuse and a disabled child situation. Are the other issues fatal to his wife's case? Probably not. But your friend desperately needs to consult with a lawyer. Have him call a lawyer and buy 1 hour of time to learn his...

    5 lawyers agreed with this answer

  6. Retroactive child support

    Answered 15 days ago.

    1. Thomas James Daley
    2. Charles Emmerich Hardy
    3. Jordan E. Watson
    4. Adam Kielich
    5. Lisa M. Vanauken
    5 lawyer answers

    The answer to this question is very fact dependent. The short answer is "proably not"...under the theory of "res judicata". However, the way the A.G. drafts their orders, you can 't be sure. (Were these "Temporary Orders" or final orders?) Have a good lawyer look over your papers and offer you piece of mind. Good luck! Charles

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Petition for intervention filed after the divorce trail judgement

    Answered 4 months ago.

    1. Elizabeth Marguerite Broussard
    2. Charles Emmerich Hardy
    3. Maria Sara Lowry
    3 lawyer answers

    Wow. Sounds too late to me. Post trial? Ask your lawyer - he/she will file a Motion to Strike the Intervention and most likely get it knocked out. Good luck! Charles

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Is it possible for a spouse to be made to keep their ex on their medical coverage as part of a divorce settlement?

    Answered about 2 years ago.

    1. Charles Emmerich Hardy
    2. William Tyler Moore Jr
    3. Matthew John Hill
    3 lawyer answers

    When you interview your lawyer, ask about "COBRA" benefits - or the right you will have to extend your existing health insurance for up to 36 months after your divorce. Additionally, if you are unemployed or disabled, you may be entitled to "spousal maintenance" to which your lawyer might be able to include health coverage. Good luck! Charles

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  9. What rights are signed away when a divorce waiver is signed in a Uncontested divorce?

    Answered over 2 years ago.

    1. Charles Emmerich Hardy
    2. Christine Henry Andresen
    3. Christopher David Bellamy
    3 lawyer answers

    I agree. I would urge you to tear it up and visit a good family lawyer. The problem with waivers is that they are often so broad, they allow the other party to go to court without you and have the Judge enter an order against you. Bad news document. Good luck! Charles

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  10. I got married in nd. But now I live in Texas. How do I go about legally separating

    Answered 4 months ago.

    1. Charles Emmerich Hardy
    2. Daniel Lee O'Neil
    3. Maria Sara Lowry
    3 lawyer answers

    We do not have legal separations in Texas. You need to consult with a lawyer as to how to proceed to avoid making costly mistakes. Good luck! Charles

    4 lawyers agreed with this answer

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