How long after a divorce decree is final can I file for property division, child support and custody?

Asked almost 3 years ago - Houston, TX

I got divorced end of 2010 in a foreign country. But I was living in the states with my ex husband and daughter.we still have accounts under both our names. He abandoned his child and never saw her for ten months but I still want to file for custody. I am afraid he would ask for that later on. He started sending me a monthly allowance as a child support two months ago but it's not enough to cover the expenses. Is there a calculation that I can follow to ask him for extra money. I want a case to enforce the child support payment as he keeps threatening me he will stop the payments if I ever go to court. Can this happen? He is Also leying about his marital status at work. He still claims that he's married and has a dependent ( our daughter) to Pay lower taxes. Is this considered a fraud?

Attorney answers (1)

  1. Fran Brochstein

    Contributor Level 17

    Answered . I am confused. You live in Houston,Texas, but you divorced in a foreign country in 2010? Unfortunately, this does not make any sense since you should have divorced in Harris County Texas since you live in the US & you have assets in the US.

    You really need to sit down with an experienced family law attorney. It sounds like you need to do a divorce in the State of Texas. You have a minor child and property issues that need to be divided in the State of Texas, USA.

    The questions you are asking need to be answered in person. You have not given me enough information to answer them fully in this space. If I try to answer them, I'm afraid that I will only confuse you. Therefore, please go see an attorney that handles a lot of family law (divorce) cases.

    Regarding his deductions at his work, people often claim a lot of deductions so that their take home pay is higher. However, at the end of the year, he might owe money to the IRS when he files his annual tax return. If he had more money withheld from his paycheck, then he would get a refund from the IRS when he filed his tax return.

    If you don't have an attorney, I recommend that you call Patricia (Pat) Bushman at 713-807-9405. Her first appointment is free. She takes payment plans. I rent space in her office. Tell her that I sent you to her. I'm not accepting cases because my mom recently died. Pat has over 15 years of experience. She has a lot of courtroom experience. She is used to dealing with people that make threats & she can explain everything to you. I would call her office and make an appointment immediately.

    You need to file for divorce, ask for temporary orders regarding your minor child, and get some child support established. The court will also issue orders about not hiding assets or incurring debts. The judge will also determine who will drive what vehicle, who will live where, everyone will be covered on health insurance & auto insurance, etc. (You might also be entitled to temporary spousal support.)

    Pat will explain what she will do if he refuses to cooperate. There is something called contempt of court if the judge orders him to do something & then he refuses to do things the judge ordered him to do. Judges don't like it when people don't do the things they were ordered to do.

    You need to bring copies of your income tax returns for the past 3 years if you have them & can access them safely. You need to bring as much information as you can access if you can do it & not be putting yourself in any danger.

    Don't do anything that would make him mad -- especially if he has a bad temper & has been violent in the past. Be careful & be safe! Your life is more important than anything!

    Take care.

    Good luck!

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