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Marissa Lyn Balius-Uribe

Marissa Balius-Uribe’s Answers

17 total


  • My name is on the title of a house, but mortgage is in my ex-husbands name, do I have any rights to it?

    Nothing was specified in the divorce paperwork.

    Marissa’s Answer

    I agree that the divorce decree should have included provisions regarding who the house is awarded to and who is responsible for the mortgage. If you were represented by counsel in the divorce that should have all been explained at the time. If the house was owned during the marriage and the divorce does not address ownership of the house then you definitely need to discuss this with a knowledgeable attorney.

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  • What would I need to do to dismiss or vacate temporary orders in suit to modify parent/child relationship?

    My parents in mid 2014 had requested Temporary orders in suit to modify parent child relationship for my children. After the hearing nothing happened from it until a couple months ago when they placed a motion to sign temporary orders and a heari...

    Marissa’s Answer

    If your parents are in agreement that the temporary orders should be vacated and the case dismissed they would have to file a Notice of Nonsuit of the pending legal action and submit an order approving the nonsuit for the Court to sign. Once that happens that legal action goes away and the prior orders are reinstated. It is a much more complicated process if they are not in agreement and you definitely need to speak with an attorney if that is the case.

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  • Mother of 6 year old son asking about Child Custody

    Hello, I have a 6 year old son from an illegal Mexican and I'm an American citizen. However the father has not paid child support for one full year nor seen his child, and now the child support is in the enforcement process. It appears that soo...

    Marissa’s Answer

    • Selected as best answer

    It sounds like you already have a court order in place if the case is in the "enforcement process". I assume you mean that the Attorney General's Office is enforcing child support since he has not paid what he was ordered to pay. IF that is the case the Attorney General's Office does not include in their enforcement cases a request to modify conservatorship (parental rights and duties). To get any terms of the prior order modified you will have to file a Petition to Modify requesting the court modify certain provisions of the prior court order. Also remember that the Attorney General's Office does not represent you! I suggest you consult with an attorney about your options because without reviewing your court order and knowing what has been filed with the Court it will be difficult for any attorney to advise you.

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  • My ex declined child support 4 years ago when the state requested we appear with a mediator. Now she is filing for child support

    In those years my daughter has lived with me or we split the weeks in half. Last year my X stayed with me & my family because she had nowhere to live, one night she packed & left with my daughter in middle of the night. I have bank receipts datin...

    Marissa’s Answer

    Proof that you paid something throughout the years and proof that the child resided in your home is certainly something I would present. Is the Attorney General's Office bringing this action against you? I have lots of tips when dealing with their office and would advise that you retain a skilled attorney to assist you in dealing with these issues. Regarding an action for custody of the child- I am unclear whether there is a court order regarding this child or not. If there is already a court order giving the child's mother primary custody of the child then to get custody you will have to prove there has been a material and substantial change since that court order was entered and that a change in primary custody is in the best interest of the child. If there is no existing court order then to burden is a little different. Again, you need to consult an attorney to determine the best option for you and the child.

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  • I need advice on what to do

    my dad doesn't pay child support but once every 3 months which keeps us from getting more money in food stamps and medicaid and my younger brother is a type 1 diabetic who is insulin dependent.Medicaid doesnt pay for the things he uses every month...

    Marissa’s Answer

    If you have a court order that requires him to pay child support then someone needs to hire an attorney to file an enforcement action against him for non payment of child support. If you do not have a court order then you need to get one. The Attorney General offers services for both child support establishment and enforcement if you cannot afford to retain an attorney. If there is a child support order and he is working, the Attorney General can issue a wage garnishment order so that the child support comes out of his check.

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  • Non custodial parent filed child support

    My childs father filed child support, he has a criminal record & drug abuse. Will he be able to get visitations if he has threatened me? He has not provided for my child at all. I have filled out a affidavit of nondisclosure. what does this mean?

    Marissa’s Answer

    An Affidavit of Nondisclosure is something the Attorney General's office uses when there is an allegation of family violence. The Attorney General will not include any information about the Custoidal Parent or the child other than their names on pleadings, waivers and orders. If the father contests the nondisclosure then the Court will determine whether the information should be disclosed or not. It is possible that he will be able to get visitation with the child. It is very important that you retain an attorney to help you through this process. The Attorney General's Office does not represent you or your child's interest, only the interest of the State of Texas, and they cannot advocate on your behalf for custody or visitation.

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  • Child custody

    i have legal custody of my child but my ex has taken her out of texas and moved to new mexico with out my permission and enrolled her in school can i call the schools to see if she is enrolled she is only 4 years old ,andi would like to recover my...

    Marissa’s Answer

    If the order granting you legal custody is a Texas order and your ex is violating the Court order by removing her from the state and hiding her from you then you need to seek a habeas corpus in the court of continuing jurisdiction (the court that issued the last court order regarding the child). You will have to be able to locate your ex in order to serve her with the habeas corpus. Time is of the essence so act quickly. Additionally I would contact law enforcement in your area.

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  • Trouble trying to get the Texas Attorney General to consolidate my child support in with Pro Se divorce case. Can do it myself?

    I went to court and the judge told me that he would have granted my divorce had it been consolidated. I have submited the information to the Attorney General and now all I get is the run around. My childerns father is owes more than $10,000 in bac...

    Marissa’s Answer

    If your AG case and your divorce are in the same county I suggest you make an appointment with the Managing Attorney in the Attorney General's office where your case is located. Bring all of the information regarding your divorce ie. petition for divorce, final decree etc. and the information regarding your AG case ie. final orders and explain what you need. Typically the AG will intervene into the divorce and file a Motion and Order to consolidate the cases. When you contact the AG's office you may just be talking to someone on customer service who has no idea what to do. The Attorneys in the office will know exactly what to do with the case and will also let you know if the Final Decree of Divorce needs anything to satisfy the AG's requirements.

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  • Wont let us see the child what can we do?

    My husband had a child 11 years ago,and he found out the chuld was his when she was 3 years old.She collected child support from 3 men from 2005/2006 and one of the man was including myu husband,she was getting welfare and every government assista...

    Marissa’s Answer

    If there is a court order that specifies a visitation schedule for your husband and the child's mother is violating the schedule then there are options available through the court system to enforce the order. As far as child support is concerned- in Texas it is calculated based on a formula that takes into consideration other children your husband has a legal obligation to support, the cost of medical insurance for the child and your husband's income. While the Court can consider other factors, the factors you listed are generally not taken into consideration in calculating regular monthly child support.

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  • What i do about when i feel like the state of texas isn't helping me to get my childsupport

    i had put childsupport on my kids daddy three years ago everytime i call the childsupport office they tell me i have to give him a month then call back they even got him on probation for ten years. when i call him he tell me he talk to him. the th...

    Marissa’s Answer

    You can always hire a private attorney to assist you in your collection efforts. As far as your issue with the child support office- I assume you are talking about the Office of the Attorney General- I suggest you call and schedule a meeting with the office Ombudsman (customer liason). Each office has one so don't let them tell you they don't. Express your concerns to the Ombudsman and find out why you are not getting child support regularly and have them explain to you what they are doing to collect your child support and what they plan to do to get him paying regularly. You can always contact your Texas Legislators (senator and representative) to get assistance in dealing with the Attorney General. If you are not dealing with the Attorney General and are dealing with a local county child support office then open a case with the Attorney General.

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