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James Louis Miller

James Miller’s Answers

1,490 total


  • Can a Child Support FTA warrant & Cash Bond be lifted, & the Father Released to save job, Payments modified & case moved to CA?

    Father & family was forced into poverty by unfair handling of child support case. Father has been extradited to Harris County Jail in Houston Texas due to a Failure to Appear Child Support warrant from 2011. From Dec 22, 2015 to present (Jan 9, 20...

    James’s Answer

    Sounds as if there could be an issue with notice. You need to contact an attorney in Texas and get this matter cleared up. There are not enough facts here to give an informed response.

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  • Am I legally obligated to update my ex that I got remarried if I bring my son to stay with me per visitation rights?

    I got a "status only" divorce back in April 2015. I got remarried in December 2015 and live with my wife. I only have legal custody of my child with my ex but I am doing visitations every couple of months. Am I legally obligated to update my ex t...

    James’s Answer

    There is no legal obligation but I think as a courtesy I would tell her.

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  • Can I get my child support lowered?

    I support 4 other children that reside in my home and 1 that is mine. So 5 total. Ages 0-5.I am paying child support on a child from a previous relationship. The other parent is modifying the order so that I pay more. However this will push me ove...

    James’s Answer

    Speak to an attorney in your area regarding Family Code hardships. (Family Code 4053-4057)

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  • How can I get the money I paid for child support back?

    I recently went to court and was awarded custody of my two kids. I no longer have to pay child support and the judge said my balance would go to $0 as of September 1st of 2015, but I paid child support from them until now. I talked to my case work...

    James’s Answer

    I would first want to know why the money continued to be taken. Was if DCSS and paperwork? Was it your employer being slow in making adjustments? The simplest way is to ask for the money back from your ex.

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  • Can you serve an RFO via mail?

    How to serve an RFO

    James’s Answer

    There are not enough facts to give an informed response. There are times you can as long as you file a address verification and there are times you cannot (if there has not been a case opened, a post judgment RFO).

    Consult with the self help center in your jurisdiction and enquire.

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  • How do I know if my parental rights have been terminated?

    In October 2013, I was in the hospital for depression 6 weeks after I had my son. I was living with a friend of mine at the time who made me go. She said she would look after my son until I got out which was only going to be for a couple of days. ...

    James’s Answer

    No your parental rights have not been terminated. What stage of the proceedings are you in? Have you had a .26 hearing yet? You have to get yourself together so you can get back a normal relationship with your child. Enroll in all the programs you can that may help you. Has CPS offered you reunification services?

    Talk to an attorney in your area.

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  • I'm not going to press charges but can I ask for a cpo and a order for him to go to an intensive residential drug program.?

    My boyfriend has a dv case on his record prior to the one I currently reported. He was abusive to his last girlfriend and now he's been abusive to me. It's just when he's high and drunk that he starts the hitting and erratic behavior. He needs to...

    James’s Answer

    Do you have children togetherr? If you do then you file for a family law restraining order where a program could be ordered as a condition for him to see the child.

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  • Is there any case laws, that can help me recover or adjust my child support for the 6 years that I paid based on 0% timeshare?

    I was substantiated of sexual abuse in 2009 by CPS of my minor daughters, an act that I did not do. The Family court stopped my visitation; denied me any contact under any setting; my legal and physical custody changed to 0%. As a result, I have n...

    James’s Answer

    Although not your fault there was no visitation with your children during that period and that is one of the factors child support is based on. There may be other remedies to you using a different avenue. Consult with an attorney in your area.

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  • Is there any way to collect any kind of support now that my son is 18 and I never had an order in place? Thank you.

    My son just turned 18 and I have never even attempted to collect child support. His father has pretty much absent except for a few (meaning less than 5) over the last 10 or so years. My son has maintain contact with him through social media. I ...

    James’s Answer

    As my colleagues have stated if the child is still in high school and under the age of 19. If you are asking can you go all the way back the answer would be no.

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  • How will marriage affect both mine and my soon to be husbands child support arrangements?

    I just got engaged to my boyfriend of 5 years. He has three children from two different relationships and owes back child support of approx. 20k. I also have a child from a previous relationship, I receive support and he pays it to his children's ...

    James’s Answer

    You will not be required to pay his support. Know that if you have a joint account DCSS can take the moneyfrom there. Support is not affected by a supported party getting married except in extreme case.

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