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Kenneth Albert Richey Jr.

Kenneth Richey’s Answers

41 total


  • My ex husband just left his job JUNE 25TH , and I just found out by the child support office when I did not get any child suppor

    my ex husband just left his job JUNE 25TH , and I just found out by the child support office when I did not get any child support money. I asked him why he did not tell me , he said he thought I would get one more child support payment. He say...

    Kenneth’s Answer

    I agree with the previous attorney. If he is court ordered to pay child support and provide health insurance you need to file a motion for enforcement and have him held in contempt. Your previous order also likely ordered him to notify you if he changed jobs so you could seek to hold him in contempt on this as well. The Office of the Attorney General will do this for you but they do not move quickly and it will likely be months before you get a court date. If the child is not on insurance do whatever you can to provide it and then seek reimbursement from your ex at the contempt hearing.

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  • Question regarding my current attorney? Poor service

    I hired a family practice attorney March of this yr for a custody issue. After two meetings, I paid him the retainer amount and all. The father of my child was served in April or May because he texted me furiously. My issues are that thr...

    Kenneth’s Answer

    I would call and schedule a meeting with him as soon as possible to go over your concerns. He may have a reason for delaying the hearing that he has not done an adequate job of explaining to you. If you are still not satisfied you can tell him you would like to terminate the representation and request return of your file. As for a refund, that would depend on the employment contract you signed with him and the amount of work already performed, etc. If he won't return your phone call or set a meeting with you, I would send him a certified letter requesting to terminate the services and requesting return of your file.

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  • I am the executor of my Mother's will. The will states to leave the estate to myself and a brother. I do not believe it would

    be fair to split the estate. My brother has not been involved to deal with anything with her except to call her when drunk stating I wanting money and strange things. What is fair?

    Kenneth’s Answer

    The terms of the will control. If you are the executor and do not follow the terms and distribute the property as outlined in the will you could be personally liable for the damages of the beneficiaries who do not receive their distributions.

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  • I am currently unrepresented in a divorce/custody. Am I allowed to contact opposing counsel for updates to case?

    Due to financial reasons, I cannot hire a lawyer at the present moment. I get mixed advise as to whether contacting opposing counsel could hurt my case. A recent motion was filed for a hearing and it doesn't state particulars. Nothing has been goi...

    Kenneth’s Answer

    You can contact opposing counsel. Depending on what type of motion was filed, you may be able to work out an agreed order without having to appear in court. As has been previously stated though, they only represent your ex and cannot give you advice. Also, you should really try to contact an attorney if at all possible. Depending on the particular facts of the case, many attorneys will work out a payment plan.

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  • How do you file a response to a Motion for Enforcement?

    If I am sent a Motion for Enforcement (regarding location of child transfer) how do I file my response to it so that I can include attachments (as Appendix) that the judge and opposing party can have a the Setting hearing? Thank you in advance.

    Kenneth’s Answer

    • Selected as best answer

    The law library at the Travis County Courthouse has good resources, including the Texas Family Law Practice Manual (I believe). That would be a good place to start when drafting a response. Really though, you need to hire an attorney if at all possible when dealing with a Motion for Enforcement. The other side can seek to hold you in contempt of a previous order and it is very important that you appropriately respond.

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  • My son has custody of a child who is not his blood child .Mother of child ex-girlfriend has not seen children in over a year

    the blood father has not been apart of child's life. Father wants to relinquish his rights. how would you or could you go about that?

    Kenneth’s Answer

    As the previous attorney stated, your son needs to file a suit affecting the parent-child relationship and establish a legal relationship with the child. Both biological parents need to be notified and at that time your son can seek to have the biological father's rights terminated or seek child support from him. He can do the same with the biological mother.

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  • Could a court possibly rule against co habitation?

    My close friend is in a relationship with a guy. They don't live together but he's over every day and sometimes he stays overnight. Her ex is asking threatening to take her to court regarding this issue. He doesn't want her new boyfriend around ...

    Kenneth’s Answer

    Yes, the court will always order what is in the best interest of the child. Many times the court will not allow overnight guests of the opposite sex in the presence of the child. This varies depending on many factors, including the age of the child, the length of the dating relationship, etc.

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  • How to fire my lawyer

    My case has gone on for several months. There are times where my lawyer has been unresponsive. It takes multiple calls and multiple emails to get a response. I believe that their actions have resulted in extreme delays in my case. How to I fir...

    Kenneth’s Answer

    Try calling your lawyer again and ask to speak to him concerning the issues you are having. If he is not available, leave a message that you would like to hire a new attorney and that you want him to withdraw. If he still will not respond, send him a certified letter indicating you would like him to file a motion to withdraw. These steps should at least get a return call from him. I also agree with the other attorneys that it is best that you have a new attorney represent you. It is risky representing yourself, especially if the other side is represented by an attorney.

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  • What good is the Standard Order then?

    Since I have filed my petition for divorce and standard orders are now in place, or at least should be, shouldn't that be enough for me to be allowed access to my property, even though my soon to be ex has changed all the locks and installed a new...

    Kenneth’s Answer

    As the other attorneys have stated, you will likely need to file a motion to enforce the standing order. Also, it is in your best interest to set a hearing for temporary orders as soon as possible so that you can have the court determine who has access to property, who pays child support and to determine a possession schedule for the children. Many attorneys are willing to accept payment plans on cases like these as well.

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  • In Texas, what is the Rule 194 stating, what do I need to provide?

    My husband file for divorce on January 22nd 2015, six days after I gave birth to our second child. He moved out December 14th 2014. I have not worked since June of 2014, when he left he took all the money except for 2000 that I had put aside. On F...

    Kenneth’s Answer

    You should try to contact Volunteer Legal Services of Central Texas to see if they can help you. http://www.vlsoct.org. I am not sure if they handle this type of contested case but if they cannot assist you they may be able to direct you to someone who can. Also, if you have not already, you should contact some local family law attorneys. Many will accept payment plans.

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