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Richard Lawrence Shea's Answers
- 113 Legal Answers
- 2 Legal Guides
3
Attorney answers:
Can I prevent my husband from consuming alcohol during his vistation with our children?
If you have not modified the Montgomery County standing orders and he has in fact consumed alcohol while he is in possession of your children then he may be in violation of the standing orders. http://www.co.montgomery.tx.us/dcourts/standingorder.pdf As for incorporating the no alcohol standing order in to the final divorce decree, it can be negotiated for like many other provisions.
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2
Attorney answers:
Does TX have a specific legal form to use as DISCLAIMER of beneficiary on a life insurance policy?
A standard disclaimer form does not exist. The rules and requirements for making a valid disclaimer can be found here http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.II.htm
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3
Attorney answers:
How long does the Non-Custodial parent have to pay CS for a special needs child who will never be able to live alone?
The child support obligation is set in the court order. When child support was originally set your attorney should have pursued an obligation past the age of 18 if your son is disabled. If the current decree terminates the support obligation at 18 then you can pursue a modification. For additional information on the legal requirements to prevail visit http://thewoodlandsdivorce.com/2009/11/10/child-support-disabled-child/
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4
Attorney answers:
Is there any way I would be awarded our family home even though its in his name.
If the home was acquired during the marriage it is presumed to be community property and subject to division by the court in the divorce case. There may be claims for reimbursement and other items if there are separate property issues.
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2
Attorney answers:
Modification of standard possession order for parents living 100 miles apart.
The current visitation is part of a court order and you will need a new court order to modify it in the event you and your ex are unable to reach an agreement outside of court.
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3
Attorney answers:
Shoundnt my ex wife let me see my kids on the weekends and thier birthdays if i pay child support?
Both of you are bound by the terms of the court ordered visitation schedule. If you believe your ex-wife is violating the order, feel free to contact me.
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1
Attorney answers:
I hear you can file for an uncontested divorce (we agree on everything) but what will the cost be for a lawyer to process on?
Every lawyer's fees and service provided are different. You can find some attorneys that will prepare the paperwork for you and leave you on your own to file everything and go to court. Or, other attorneys will actually represent you through the process and file everything and go to court with you. There seem to be a lot of divorce attorneys advertising on Craigslist.
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3
Attorney answers:
My daughter is 22 years old, her father and I divorced when she was 4 years old and he never paid the court-ordered child suppor
Yes you can collect the unpaid support. Feel free to contact me if you need additional assistance.
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1
Attorney answers:
What to do when the other party's insurance adjuster is ignoring your phone calls and not returning youre phone calls
If you are not satisfied with the response you are receiving from the other driver's insurance company you can consider filing a lawsuit yourself if it is small claims or hiring an attorney that will probably work on contingency. Feel free to contact me if you need assistance.
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2
Attorney answers:
Can any body tell me what is the average lawyer fees for a banruptcy on a chapter 7 ?
As Mr. Kelly stated the attorney fee varies from attorney to attorney based on many factors. One thing to keep in mind is be clear about what you are paying for. Some attorneys and some organizations sell self-representation documents at lower fees. Remember they are selling paper and not legal representation. When you consider working with someone find out if they will be at your court hearings and if they will communicate with creditors on your behalf.
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