I know someone who is moved to the us legally, got married but never renewed papers after the two or three year mark. So now her papers are expired, but she wants to get a divorce because she is no longer with her husband. But, she is worried abou...
Houston courts deal with illegals on a daily basis for the past 25 years - as long as I've been a licensed attorney in Houston.
That said it has never been an issue but with the recent change in Texas laws I cannot state 100% that it won't be an issue. It would depend on the judge and the bailiff in each court.
I have never seen INS sitting in a family court room.See question
I have a ex who is trying to take my child away from me because I want follow my child support order which she only comes around for summer only no other times never come by no other time throughout the entire year no birthdays no Christmas nothin...
You have complex set of facts.
Child support is ordered. You must pay it whether or not you see the kid. If you don't pay, you are incurring 6% interest. Plus, it can impact your credit rating, passport and driver's license. If contempt if filed against you, you can go to jail for at least 6 months.
If you are not seeing the kid, you need to attempt to do what you were ordered to do to see the kid in the decree. Do that at least 3 - 6 times then file contempt on custodial parent. The parent won't be jailed the first contempt but the person might be ordered t pay all or part of your legal fees.
Just because other parent is naughty does not justify your naughty behavior.
Talk to an attorney immediately and have attorney explain final decree.
Don't wait do it now.See question
Someone is trying to claim common law marriage to me at the resolution of our relationship. They are seeking 50% of my 401K. We were only in a relationship living together for 1 year.
Spouse is entitled to 50% of assets that has occurred during the marriage. However, in reality, it is often different when a marriage is short term.
A QDRO that orders the retirement to be divided costs around $500 - so it might not be worth dividing.
You will need to prove what you had in all your accounts on the date of marriage.
So debts that came into the marriage are separate property. Student loans belong to whoever signed loan papers. And all debts and assets need to be discussed that have occurred during the marriage.
I'd hire a lawyer to guide you in this complex process.See question
My husband has been divorced since the year 2010 he has 3 sons one is 18. 17 and 16 when does the child support stops. I'm he's wife have one child
The simplest thing is to read the final decree of divorce. The last court document controls.
Generally child support ends when the last thing happens - kid turns 18 or graduates from high school.
So if kid is in high school til 21, he pays till kid finishes high school.
However if child is permanently disabled and will unable to support himself then child support can be ordered for the child's entire life.
As you can see, it is not a simple answer. I have been many different answers over the years.See question
A year ago my ex-wife and I went back to court to modify custody from our original divorce decree so now I have standard possession and joint custody of our six-year-old daughter, in the decree she put a morality clause where we can't have someon...
Once a year either parent can go back to court and claim the current court orders are not working and need to be modified.
I find that normally it's costly and the children would prefer a trip to Disneyland. But most family law attorneys like these sort of folks because they are able to take their kids to Disneyland!
I prefer mediation to litigation so look and see if you are ordered to mediate before litigation.
I would suggest that you should immediately consult with an experienced family law attorney.
She can ask for anything and everything. But the burden is on her to show that the present orders are no longer appropriate. That is not always easy to do.
In Texas, most court's order mediation before litigation since judges know mediation works and keeps their sockets moving.
So use this site and hire a lawyer. Or call your prior attorney.See question
hi my boyfriend did 8 years in federal prison.. He has been out since 2009 He has turn his life around.In 1999 he had a child support order for the daughter he had before he got married .for 2 years his daughter stayed with him and shortly af...
Ok. You will not like my answer.
Child support is only owed to the other parent. It is up to her if she will forgive all or some of the debt. It does not belong to the child. The child had to eat and be clothed all 8 years he was locked up. Just because he had no money did not stop the child from costing money.
The penalty is interest - now 6%. It used t be (years ago) 12% so imagine how horrible that was for the non-custodial parent.
Child support is the debt that is not discharges able. Until the child turns 18, he can be jailed. After the child turns 18 then he cannot be jailed - good news for him,
And he can lose his passport or driver's license for non-payment of child support.
If the debt is not paid when he receives social security then money will come out of his check each month.See question
Husband & Niece residing together as Husband & wife she using his last name &stating the wife is crazy need mental help
I agree with attorney Eric. Alienation of affection lawsuits are specifically not allowed in the Texas family code.
If you file or divorce you can ask for a disproportionate share of the community estate since she had an affair.
So hire a. Lawyer by using this website.See question
Me and my wife went to court a year ago and got a agreement from the judge that she get my child every other weekend well she only try to come around 1 time a year around summer time only she do pay child support what should I do someone help
Going to jail is a criminal matter. Only the police can arrest you. If she calls 911 and the police come out then you can or she can be arrested.
So it does not matter who the custodial parent is of the child. If an assault occurs, someone is going to jail. Then it's up to the District Attorney what charges are proesecuted. If arrested, you will need to hire a criminal attorney. Plus, your ex then has a reason to go to court and ask the judge to switch custody.
I highly recommend that you do not get into any sort of physical argument with her. In fact, if you want to be protected, never be alone with her. Always have another adult present that is willing to come to court to testify on your behalf.
Other than that, I don't understand your question. So re-phrase and submit it again.See question
It's a long story. I married someone outside the us and after getting the greencard his mother moved down here and controlled him he changed got aggressive towards me and violent got arrested and bailed out case dismissed and he said he would work...
You need to talk to your attorney about this. If your attorney pleads for a disporporationate share of the community estate for a variety of reasons such as fault of the break-up of the marriage, health of the parties, etc. then the judge might give you more than 50% of the community estate.
If you don't own much since it does not sound like a long term marriage, then there won't be a lot to divide.,
Some attorneys are now including "tort law" with divorce law. You can certainly ask for damages under tort law and it's up to the judge to decide if he pays you anything.
It never hurts to ask. But it does not mean you win.See question
My daughter had a child at the age of 16 with a guy who is 17. She provides for the child on her own. The guy is threatening to get full custody of the child once he's 18 because he got angry over an argument they had. Is it possible for the judge...
I agree with attorney Moore. You need to hire a family law attorney to guide you in this matter.
Obvbiously this young father has no idea how the law in Texas works. Merely turns 18 won't mean that he gets custody. Plus in Texas there is no such thing as "full custody" - people use this term all the time but it means nothing to a lawyer. In fact, custody of a child is presumed to be 'JOINT CUSTODY" in Texas and I rarely see "sole custody" these days - such as if a person is on drugs or in prison.
What is truly important are "rights and duties" which outline how decisions regarding the child will be made.
Joiont custody does not mean that one parent does not pay child support.
So hire a lawyer and get ready NOW!See question