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Thomas James Daley
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Thomas Daley’s Answers

3,246 total


  • What legal documentation can i get that we both sign that says he is giving me equity / property at the close of the house.

    Unmarried couple, breaking up and selling house, splitting the equity. I am not on the loan, nor the deed. This is a good faith offer on his part and we both want a legal document that states he is giving me partial equity and property within th...

    Thomas’s Answer

    The cleanest thing would be a lien in favor of you for the amount he agreed to pay you. Whether a lien is valid or not is in the eyes of the title company. If you know the title company that will be closing the sale, then you can ask them what instrument you can file against the property so that they will pay you out of the proceeds of the sale.

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  • What are some examples of 'fraud on the community estate' and '..survive the death of Respondent and become the obligations...'

    Information from Temporary Orders documents: 'Fraud on the community estate' and 'Petitioner request that the payments for the support of the children survive the death of Respondent and become the obligations of the respondent's estate....'

    Thomas’s Answer

    You have to distinguish between MOTIONS and ORDERS. It sounds like you are quoting from a motion for temporary orders or perhaps a notice of hearing. From the text you quoted, it sounds like you are being accused of seriously misusing community assets (Fraud on the community estate) and it sounds like your spouse wants you to pay child support, even after you're dead (that's a very common request).

    I don't know anything about the facts in your case, but your spouse is bringing some serious allegations. Don't try to represent yourself because your spouse is coming at you hard. You need someone to defend you and maybe take the fight back to the other side.

    Good luck!!

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  • Does a new trial agreement negate the original MSA?

    X and I have an MSA in place. After final hearing (simple prove up) I discovered I was pregnant (not Xs) and X asked for new trial and temporary orders. Judge said he would grant a new trial to include my baby, so we agreed to new trial only on cu...

    Thomas’s Answer

    I think the issue is that the judge can't grant judgment if you are pregnant. The MSA still stands, but the final order can't be entered until your "husband" is excluded as the father of the child. You can do prenatal genetic testing, but I think that presents risks to the baby.

    If the judge did grant a motion for new trial, then you are exactly where you were 5 seconds before the judge signed your final decree. So you still have a valid MSA. Your prior temporary orders should still control until the baby is born. Once the baby is born and your "husband" can be eliminated as the genetic father AND the genetic father signs an acknowledgment of paternity, the court should re-sign the decree that was already signed.

    Again, any attorney advising you needs to see the order granting new trial.

    Good luck.

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  • What are my options to get him out he also drinks and looses his temper easily. I want him out of the house but he has no $

    I've been married for 17 yrs and resided in Dallas for over 7 years. We have 2 kids 10 and 5. My spouse has been unemployed for 8 mos and has not made a real effort to find a job at least a temp one. He was fired from his previous position so h...

    Thomas’s Answer

    It's time to file for divorce and ask the court to make temporary orders in your case. The judge, after a hearing, can order him (or you) out of the house. Beware that he may make the argument that he is now the primary caretaker of the children and therefore he should be allowed to stay in the house with the children. I don't know that he could prevail on that argument, but you should be prepared for it.

    From your facts, I can guess that you are not drowning in cash, but you really need to get an attorney working for you. A good lawyer can get this process going and get it finished under much better terms than you can on your own.

    Sorry you and your children are having to endure this.

    Good luck!!

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  • Can I withhold a visit if the other parent is being served at a designated pick up time and is likely to be violent or angry.

    Process server is coming to the house tonight for Friday night pick up to serve the ncp because she has been avading being served. I'm scared what her reaction will be. Our son has told me she hits him when she is mad. These papers will surely mak...

    Thomas’s Answer

    No attorney can advise you to violate a court order. If you violate the court's order, you may face contempt and jail time. If she is over the top angry--screaming and carrying on in an insane manner--then call the police before handing over your child. If the police can calm her down, that's good. If not, they might talk her out of the visit.

    If possible, it would be a lot smarter to serve her when she is returning the child OR by registered mail, if you know her address.

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  • Do I put in for child support for my 2 new kids to get other case reviewed? or pursue fixing current order?

    I have an open child support case in NY state. I reside in Dallas TX, and my child lives in Florida. I was disabled in NY state with degenerative disk disease fibromyalgia and extremely low vitamin d count to the point where i was on ridiculous le...

    Thomas’s Answer

    Jurisdiction in child support orders is controlled by the Uniform Interstate Family Support Act (UIFSA). Under New York's version of UIFSA (which is nearly identical to Texas's), the courts of New York have continuing jurisdiction to modify the child support order UNLESS everyone (you, the other parent, and the child) have moved out of the state AND everyone consents to jurisdiction being transferred to another state. Section 580-205.

    Title IV-D of the Social Security Act requires that every state designate an agency for handling child support orders. In Texas, the IV-D agency is the Office of the Attorney General. In New York, there is a child support agency. Try calling them at (646) 386-5217 and ask them how to initiate a child support review and modification process. That might not be the right number for your particular case, but surely they can point you to the right number.

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  • How do I get custody of my son as a father? I keep hearing that courts are very "pro" mom when it comes to separation of parents

    Going through a very rough time at home of daily arguing, I truly think it will come down to splitting up. We have a beautiful 18 month old and I would love to keep him by my side (since I know mom will move back to Houston most likely and I live ...

    Thomas’s Answer

    I am sorry that you are having to endure this difficulty.

    Hopefully you and the mom can work out a deal and keep your divorce out of court. If the case does go to court, the court will look at the best interests of the child. The Supreme Court of Texas has given some guidance as to what this means in the Holly case. If you'll Google "Holly Factors Child Best Interest" you'll probably find some resources on that.

    Your best bet is to hire a good family law attorney who can help you craft the arguments for you.

    Good luck!!

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  • What are my options? Judgement, back to court? This residence was also my place of business?

    Divorce decree states that house was to be sold immediately. It has been two years. There have been no serious attempts to sell. House was put on the market but way overpriced. Have been in contact with ex spouse, has no intention of selling an...

    Thomas’s Answer

    I would file a motion for the court to appoint a receiver.

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  • Stopping Visitation

    I would like lawyer opinions of this.... I have filed a motion to transfer my case and once that is done, I am filing a motion to modify. I reported abuse to my children to CPS this past Sunday that occured during my ex's visitation. CPS let me d...

    Thomas’s Answer

    Listen to your lawyer's advice, not your friends. Violating a court order is never a good idea.

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  • NCP keeps quitting her job when the IWO shows up. Is there any legal way to contact the employer about when she left the job?

    I just got the paperwork drafted for a motion to enforce child support. I will unfortunately have to serve the non custodial parent when she picks up our son because she won't provide her home address. When I ask for it she just states that the co...

    Thomas’s Answer

    You CAN request, but what they tell you is inadmissible hearsay if you just show up and repeat what you were told. Normally, a self-represented litigant won't know to make the hearsay objection, but if NCP is indigent, the court will appoint an attorney for her and, theoretically, that attorney will know to make the objection.

    What you need is for her employers to supply her employment records along with a business records affidavit. That will make the evidence admissible AND allow you to get the benefit of the doubt when NCP argues that what you're telling the court is inaccurate, which she will.

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