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Fran Brochstein

Fran Brochstein’s Answers

3,358 total


  • How can the Attorney General open a child support case on a child that I provide for and she is currently 16.

    I received a letter from the child support management team with a case number to call or visit them regarding child support, but my child mother stated she didn't file child support; how do I prevent this from happening or what should I do to corr...

    Fran’s Answer

    Why? Because someone might have the 16 year old on food stamps or Medicaid. Then it is the policy of the State of Texas to get reimbursed by the non-custodial parent. Then the Mom (or the legal guardian) has no say so since she signed her interests over to the State in order to get a free benefit.

    I recommend that you hire a lawyer that will accept TX AG cases to represent you. Many attorneys won't accept these type of cases because the TX A G takes so long in handling cases that an attorney misses most of a work day and dealing with the TX A G office can be slow and difficult.

    They can go back 4 years on retro-active child support so it should encourage you to hire an attorney.

    The burden will be on you (the non-custodial parent) to prove that you've provided monthly support (some sort of paperwork or receipts) and how often you see the child.

    Please hire an attorney.

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  • away from myself and his children not allowing us to see them see him or talk to him and can they call the police when we try t

    My husband is 100% disabled and my step-children took him to their home after he was released from rehabilitation we have tried to communicate with him and go see him but when we do they call Harris County they do not want me anywhere around or my...

    Fran’s Answer

    Unfortunately this occurs quite frequently in second marriages. If you have a minister you both trust perhaps that person can visit him and try to determine what's happening.

    You can call Adult Protective Services to check on his status but if he is being taken care of then they won't intervene.

    A probate attorney is probably the person you need to contact. It sounds like there will need to be a lawsuit filed and his children (and him) brought to court to find out what is happening.

    So sorry you are going through this!

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  • If I am unable to afford attorney,and leave, will I jeopardize receiving spousal support before divorce is filed?

    My husband and I are agreeing to divorce, but he wants me to leave immediately. We have an 11 yr old. My husband has put my adult children out of the home and now moving in 5 other people. I don't know how much longer I can live with the verbal a...

    Fran’s Answer

    Only a judge can make you move. if your life is endanger then of course I recommend leaving immediately and being safe. Feel free to call your local police, constable or sheriff and ask them their current policy on being 'asked to leave" most will say that as long as that place has been your current residence then only a judge can remove you.

    You definitely need a family law attorney and temporary orders to get some child support (and maybe spousal support) started. He cannot just kick you out and expect you to survive. It sounds like you need help getting started over.

    Good luck,

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  • Serving divorce papers to husband in UK

    My husband has taken off to the United Kingdom. How do I serve him with divorce papers? We resided in Texas before he left.

    Fran’s Answer

    Where do you reside now? it appears to still be Texas. If so, you can file in Texas. Otherwise, you need to file where you have lived over 6 months.

    Divorce by publication is probably the route to go. Have you looked for him on social media like Facebook.

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  • Getting divorce but our plan is to make it simple and get out from it .

    My wife and I we want divorce, she already told me the condition is still I to keep the house this is our agreement. Someone advised me family divorce lawyer. Give me advise where and how to start. Thank you. I don't want complications it ...

    Fran’s Answer

    I normally suggest that you at least meet with an experienced family law attorney so that you understand your rights and obligations under Texas law.

    If it is truly straight-forward then you can meet with a mediator and come to an agreement in writing.

    Then one of you hires an attorney to do the paperwork. An attorney in Texas cannot represent both parties. You might each want to have an attorney review the paperwork to make sure it's fair that you understand it.

    I just did a 4 hour mediation today with a couple and we resolved all matters. I typed up a Mediated Settlement Agreement and they are both taking it to a lawyer to review. If they then agree, we will meet again and sign it. Then one of the attorneys will do all the paperwork. But this only works when both people are willing to negotiate and they understand basic Texas family law.

    Good luck!

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  • Can i (17) marry my 19 year old fiance?

    im 17 years old and my fiance is about to turn 19, can we get married with parental consent from my guardian?

    Fran’s Answer

    Or you can wait until you turn 18 and you are an adult in Texas.

    Congratulations and best wishes!

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  • Can a prenuptial agreement be used to ensure two people living together will remain totally financially separate?

    My boyfriend and I have been dating and living separately for over 4 years. We would like to live together, but both agree we do not want to marry or comingle finances or assets. Texas recognizes common law marriage, and we want to ensure we are...

    Fran’s Answer

    I recommend meeting with a family law attorney to explain TX law to you.

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  • Am I as the mother/custodial parent, required by law to notify her father if I change jobs or move in the same city?

    There is no court order for child support or visitation. We have an agreement outside of court. Is he required to know where I work and later if I move, my new address if I do not feel safe around him due to his temper and alcoholism?

    Fran’s Answer

    Are there any court orders signed by a judge? It sounds like there are since you stated that you are required to notify him of any changes.

    Perhaps you should take your legal document to a Houston attorney for review and clarification.
    You might need to revise your current orders to include child support and visitation. Without court ordered visitation, if he picks up the kid and does not return the kid then he is not violating a court order and usually the police won't get involved. It appears that you need to get some enforceable orders in place.

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  • How am I able to keep my soon to be ex husband out of where I currently live with him?

    He says I have until the first to find a place. I have been trying but I can only afford so much for rent. He plans on throwing all my stuff out on the first. I signed uncontested divorce papers and ever since then he has said this.

    Fran’s Answer

    I have not spoken with you so I can only give you some general Texas law. Feel free to call your local sheriff, constable or police dept. to find out their policy.

    The only way for him to "throw you out" is to evict you and have a judge order you to leave the property.

    However, if you are in danger then I recommend that you leave and take as much as you can and go to a shelter. Shelters have many services available to you for free. So don't wait begin looking today. Your safety is your primary importance.

    Good luck!

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  • What do I do about my kids. I could not paste the whole not on here. Please, let me know if you need more info.

    am writing this letter on June 27, 2016. I allowed my daughter to go and stay with her father on June 17,2016. Since then he has left her alone numerous time witch I have some proof on my phone, allowed her to be on her cell phone even though she ...

    Fran’s Answer

    It appears that you have a multitude of issues. You have an out-of-control teenager and a father that does not attempt to co-parent with you. You need to talk to a lawyer in person about your options. Take your current court order to an attorney to review.

    You don't mention her age - but it appears she is a teen-ager. The moment she turns 18 she is an adult and she can do whatever she wants - even if it's bad and dangerous.

    I suspect these issues have gone on for a long time. Counseling might help you in dealing with her and her father. Perhaps counseling would also help her but she might refuse to go.

    If she's 13 or 14, you might consider boarding school or sending her far away. If she's 17, then there is probably less than you can do.

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