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Charles Emmerich Hardy
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Charles Hardy’s Answers

380 total


  • What to do when your ex doesn't pay child support for 5 daughters?

    Have gone to AG; unless you call weekly case is nonexistent. Children have gone 3 years with nothing. Prior two years before last 3 only received tax return never "support payment". I have also had to pay for the return of children last two years ...

    Charles’s Answer

    You can await the AG or retain a private attorney. I would suggest that you hire a private attorney on AVVO with whom you are comfortable.

    Good luck!

    Charles

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  • Should I borrow from my 401k at work? My husband just got file with divorce docs. I only have about 4k in retirement & need 2k.

    My husband was served with the divorce paperwork today, we have one child together. I only have about 4k in Retirement ( will cost more money to fight to get ½ of that so very unlikely he will try to get my only small retirement I was told) ...

    Charles’s Answer

    Ask your lawyer. If there is a "standing order", you may be restricted from doing do. Ask the attorney you want to hire and see what their advice is in that jurisdiction.

    Good luck!

    Charles

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  • My ex-wife was killed in an accident, I now have my three children whom I was paying child support on in my custody.

    How do I get the Texas Attorney General's office to quit trying to collect child support? I have sent them copies of the death certificate 3 different times now. They are reporting it to my credit as money owed and tanking my credit rating. I am o...

    Charles’s Answer

    Wow. You have done what should be needed, but sometimes the bureaucracy of the Atty General needs an official notice from an attorney. I hate to see you have to to so, but I would suggest you contact a local lawyer who deals with the Atty General and ask if they help get them off of your back.

    Sorry and good luck!

    Charles

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  • My parents built a home with their money and I moved in after. Now I am divorcing. Need real estate advice.

    A home was built by my parents in 2006. Contractors, materials were paid by my parents funds they have all the copies of the checks that paid for the construction of the home. I moved in shortly after and didn't need to pay rent thanks to them. W...

    Charles’s Answer

    I agree with Robert. I think your lawyer will look more to whose name the land is titled and, if in your name, the circumstances surrounding the titling. (Gift, purchase, loan, etc)

    Good luck!

    Charles

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  • What do I do

    Wife moved out 10 years ago she took all our property while I was at work. She was fired and took out her 401k she didn't give me anything . Recently I filed for divorce and now she wants half of my 401k can she take it even though she took all p...

    Charles’s Answer

    Ask your lawyer to argue for "reconstituted estate". He/She will know what you are talking about.

    Good luck!

    Charles

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  • Annulment or divorce?

    My friend married someone from her native country. Petitioned him to be an US immigrant which took18 months. Husband got to US. Wife got pregnant right away & miscarried. Spouse left, decline marriage counseling & has romantic relations with anoth...

    Charles’s Answer

    Depends on Judges in your area AND whether the foreign spouse will agree to it. Annulments can be a successful tool in Texas.

    I would strongly suggest that your friend retain counsel if your friend elects this path though. It is not easy to analyze and explain such entitlement to a Judge.

    Good luck!

    Charles

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  • Does anything happen to an employer who lies to the Attorney General saying someone quit the job?

    I found out about my ex's most recent under the table job and reported it to the TXOAG and his employer reported back that my ex quit. I know for a fact he is still working there and the ballsy jerk even sent me a text telling me he's "helping his...

    Charles’s Answer

    Under the Texas Family Code, the employer can still be obligated to pay the unpaid support and attorneys fees IF it can be proven that the obligor was actually employed there.

    I would let the Atty General know and ask if they will pursue it.

    Good luck!

    Charles

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  • Who responsibility is it to ensure all required documents are filed with the courts doing divorce proceedings in TX?

    IN 2012 I was granted a divorce in the state of Texas. The lawyered I hired never ensured I received the Special Deed of Warranty , nor was the Deed of Trust to Secure Assumption sent to the petitioner. Needless to say neither of these documents h...

    Charles’s Answer

    I agree with Fran. You might also see if the complete legal description was included in the award of the house to you. If so, you might consider asking your lawyer if you can file a certified copy of the Decree with the County Clerk and transfer the title to you that way.

    Good luck!

    Charles

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  • Ex husband is asking court to make me come get our child at the end of his visitation?

    My ex husband lives in the next county, and he has been picking up and dropping off our child for his visitation for the past 5 years. Now suddenly he wants me to come get her? He has a job, not in college, and has no other children. My husband an...

    Charles’s Answer

    Ditto. Talk with a lawyer. The court clearly has the right to order you to pick up or return. You need help presenting your facts correctly to the court.

    Good luck!

    Charles

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