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Matthew John Hill
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Matthew Hill’s Answers

113 total


  • Does my recent $5,300 inheritance that I got a few days after separation count as community property in Texas?

    We have been married 2 years and will file an uncontested divorce in Texas. We have resided together in Texas for over a year. We have no children from the marriage, and our savings and the equity in our house is almost as much as our credit card ...

    Matthew’s Answer

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    Short answer... No, inheritance money is seperate property.

    Longer answer... Inheritance and gifts are seperate property but you will have to be able to prove it is separate if there is a dispute -- so do not deposit that money into a community bank account, keep it in a different account. If you already put in a community account that's ok as long as the balance stays above the amount if your inheritance. Even if the balance goes below that amount it's not too late, as long as you can show you had inheritance money that was deposited and spent or withdrawn you would be able to claim reimbursement from the community estate to your seperate estate.

    I hope that helps, good luck!

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  • Determining income for child support in Texas when there is rental property income.

    Our child support order is eligible for a 3 year review. Since the last modification, my ex husband has acquired 3 rental properties. How is income figured on rental properties when his spouse is on the warranty deed? One of the warranty deeds sh...

    Matthew’s Answer

    Forget going through the OAG -- you will not get the results you are seeking going through their office as they are too over-worked to treat your case as if they were "your" attorney. You need to hire an attorney yourself if you want the answers to your questions and to give yourself the best chance at being successful in your case.

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  • Would day care count as an extraordinary expense on top of child support if I have to go back to work due to divorce?

    When my husband left me, I was a stay at home mom with our 2 kids (2 and 3 year olds). I now got a job and had to put our kids in day care/preschool. He is refusing to pay 50% of day care on top of child support. The total for day care for both...

    Matthew’s Answer

    You need to talk to a lawyer in your area. Unless your divorce decree contains a provision concerning payment of daycare expenses you may be in a difficult position as the opposing side will likely ague that the reason for child support is for helping with the payment of expenses like daycare.

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  • Would day care count as an extraordinary expense on top of child support if I have to go back to work due to divorce?

    When my husband left me, I was a stay at home mom with our 2 kids (2 and 3 year olds). I now got a job and had to put our kids in day care/preschool. He is refusing to pay 50% of day care on top of child support. The total for day care for both...

    Matthew’s Answer

    You need to talk to a lawyer in your area. Unless your divorce decree contains a provision concerning payment of daycare expenses you may be in a difficult position as the opposing side will likely ague that the reason for child support is for helping with the payment of expenses like daycare.

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  • I am considering a divorce. I have been married since 7/27/07. We have no children in our marriage. In 2010 I purchased a house.

    My spouse does not work. Neither of us are happy with this marriage. We have been to three different Counselors, no luck. What would a divorce cost? How would the property be divided? I would like a quiet and simple divorce, my spouse on the othe...

    Matthew’s Answer

    Well the best thing I think I can tell you is to consult with an experienced family law attorney in your area. They will be able to address and answer your property questions as well as your "what if" questions. If you want to be divorced in Texas a party can attempt delay, but it's up to a Judge to grant a divorce... it will likely cone to a point where the opposing party's unwillingness to agree wont matter much -- long story short, speak with a lawyer & learn about your rights.

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  • How can I get my son's father to pay child support?

    He has been court ordered to pay for the past 8 years and is almost 25k behind, he makes maybe 3 payments a year and has recently opened his own business. I researched it and the business is indeed filed under his name. Child support intercepted h...

    Matthew’s Answer

    It sounds like you have a rather unique case... so you should meet face to face with a family law attorney and find out what your options may be in Texas.

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  • If husband leaves our home to his children with right for me to remain in home until my death, what rights do the children have?

    Can his children come and go as they please while I'm living? Can they take anything from the property? Can they put anything on the property? I agree with him leaving the home to the children but I want to make sure that I have complete privacy ...

    Matthew’s Answer

    It sounds like your talking about being left a life estate in the home, the best way to find an answer would be to consult with a wills/probate/estates attorney

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  • How can I terminate a fathers rights when they dont want to.

    My sons biological father is hardly involved in my sons life. My husband wants to adopt him as his son. His biological father did not want to sign the birth certificate. He has gone 6 to 7 months without seeing his son. But he does not want to...

    Matthew’s Answer

    The answer is rather complicated and fact specific so you should probably meet with an attorney experienced in adoption and termination of parental rights to find out more about the process

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  • Does a stepdad automatically have legal rights to a child/ do they have to adopt first? The biological father is deceased

    Father committed suicide 2 yrs ago. Want step dad to have superior rights over the paternal grandparents. They have no legal rights to the child whatsoever, mother has sole rights.

    Matthew’s Answer

    You should speak with a family lawyer about step-parent adoption.

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  • How can I get my maiden name back without having to pay $260.00?

    when my ex husband and I got divorced I was in Dallas and he was in Shepherd,Tx, I didn't didn't know of any court date because we had been seperated for two or more years because he was very abusive, Is there any way I can get my maiden name back...

    Matthew’s Answer

    Sorry to say it so bluntly, but no. You have to file a petition for an adult name change.

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