Leigh Vance De La Reza’s Answers

Leigh Vance De La Reza

Austin Marriage / Prenuptials Lawyer.

Contributor Level 7
  1. Husband signed waiver, will not sign Final Decree of Divorce. We're in Texas.

    Answered over 1 year ago.

    1. Leigh Vance De La Reza
    2. Mark Christopher Roles
    3. Dawn Anne Renken
    4. Leonard C. Morales
    5. Pamela Jean Craft Thompson
    5 lawyer answers

    In the local rules of some counties there is a requirement to go to mediation prior to a final hearing. If your husband doesn't agree to attend mediation then you may be able to file a Motion to Compel Mediation. Then, hopefully, you can work out the details of the decree. If you don't reach an agreement, then you'll need to have a hearing.

    9 lawyers agreed with this answer

  2. Can my soon to be ex-husband come take my 18 month old daughter away since we have not been to court yet?

    Answered 6 months ago.

    1. Maria Sara Lowry
    2. Dorothea Elaine Laster
    3. Sherrie Haussner Travers
    4. Leigh Vance De La Reza
    4 lawyer answers

    I agree with the other answers. You need to hire a lawyer right away and get temporary orders in place.

    3 lawyers agreed with this answer

  3. Would like to revoke mediation agreement and hire a new lawyer to take over in the process. Is this possible?

    Answered over 1 year ago.

    1. Charles Emmerich Hardy
    2. Leigh Vance De La Reza
    3. Michael Glynn Busby Jr.
    4. Lori Elaine Hall Laird
    5. Samuel Aaron Coffey
    5 lawyer answers

    A mediated settlement agreement is very difficult to revoke. However, there are special circumstances that allow a party to revoke the agreement. You'll need to discuss the issue in more detail with a competent attorney who can advise you. It may be easier to discuss an agreement to change the one day a week provision in the final order instead of going through the process of revoking the MSA.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. 60/40 custody child support

    Answered 2 months ago.

    1. Elisse Vickers Woelfel
    2. Leigh Vance De La Reza
    3. Heather Marie Bachman
    3 lawyer answers

    In Texas there is a guideline for child support. It is possible to go above the guideline in some circumstances that I won't go into here. But to give you a general idea of what you'd pay, look at your net income (gross income after taxes) then take 20% of that for one child, 25% of that for two children, 30% for three children. That will give you a general idea. You may be paying union dues, or health insurance that could be deducted off of the gross income, but I would need to see an...

    2 lawyers agreed with this answer

  5. I am in a temporary custody battle I file an anwlswer but did not serve other party the answer its past 20 days what do I do

    Answered 6 months ago.

    1. Leigh Vance De La Reza
    2. Laura Dyke Dale
    3. Maria Sara Lowry
    4. Dorothea Elaine Laster
    4 lawyer answers

    An answer is required to be filed within 20 days or else the other party can get a default judgment. If you have missed your 20 days go ahead and file it NOW. Do not wait another day. File right now. If you're lucky, the other side hasn't gone to court to request a default. You can then talk to a lawyer and figure out if you want to file a counter-petition requesting your own relief. I wouldn't do anything to "get back at her," that's the wrong mindset for a legal argument over your...

    2 lawyers agreed with this answer

  6. Can Supervised Visitation monthly fees be construed as child support?

    Answered 12 months ago.

    1. Brian Douglas Walters
    2. Leigh Vance De La Reza
    3. Michael Glynn Busby Jr.
    4. Christopher Daniel Leroi
    4 lawyer answers

    Child support is money that goes to help financially support the child. Supervised visitation fees are fees spent to support the facility that is having to provide a place to watch the child and the parent, plus a supervisor, etc. So you can't look at the money spent on supervision as child support. It literally does nothing to support the child. If the supervised visitation is too expensive, then perhaps try to find a place that has a sliding scale, or see if the court may agree to a...

    2 lawyers agreed with this answer

  7. Can I get custody over my 15 years old sister and my 13 year old brother?

    Answered 3 months ago.

    1. Leigh Vance De La Reza
    2. Mark Allen Land
    3. Thomas James Daley
    3 lawyer answers

    There are situations in which a non-parent can get custody over a child. I would recommend having a consultation with a family law attorney to discuss in more detail and determine if your situation fits the statutory requirements. The attorney will want to know if you have had actual care, custody, and control of your siblings, and if so, how long. He/she will also want to know what the circumstances of their care has been. If your siblings are being abused, neglected, or in danger then...

    1 lawyer agreed with this answer

  8. When filing for diy divorce what forms do you use if you have no children with husband but have child with another man

    Answered 5 months ago.

    1. Maria Sara Lowry
    2. Mark Anthony Cohan
    3. Leigh Vance De La Reza
    3 lawyer answers

    You would still file an Original Petition for Divorce but you need to include a provision that the child was born during the marriage, but is not the child of the spouse. I would also hire counsel, or at least talk to an attorney about your rights.

    1 lawyer agreed with this answer

  9. In my divorce my ex put a clause in our papers stating that I can't move our daughter out of state.

    Answered 5 months ago.

    1. Maria Sara Lowry
    2. Mark Allen Land
    3. Leigh Vance De La Reza
    3 lawyer answers

    There are specific factors that the court (or jury) will look at. The public policy is that parents will have frequent and continuing contact with their children, if you move out of state it's probably going to be difficult for the child's father to see her. If he never sees her anyway, then that would be something you would want the court to know. Residency restriction cases are not easy and you need competent representation by an attorney who practices family law. I would probably hire...

    1 lawyer agreed with this answer

  10. I will be receiving $40,000 as a settlement from my divorce. Do I have to pay taxes on this?

    Answered 6 months ago.

    1. Maria Sara Lowry
    2. William Tyler Moore Jr
    3. Leigh Vance De La Reza
    4. Dorothea Elaine Laster
    4 lawyer answers

    You really need an attorney to review this. If it's done right you won't pay taxes on it. The first question I have is how are you going to receive the $40K? Is he supposed to pay you at some later date? You don't want an unsecured money judgment. At least secure the money with a lien. If the money is for your interest in the home then you could even do an owelty lien on the house. That way if he doesn't pay you then you have a way to recover it.

    1 lawyer agreed with this answer