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Fran Brochstein

Fran Brochstein’s Answers

3,414 total

  • After 16 years, can my husband's ex-wife ask for more child support?

    My husband has two children with his ex. One just turned 20 and the other just turned 16. She now wants more c/s for the 16 yr old. His income has not change that much since the first time around. She lives with a man that owns his business, so bo...

    Fran’s Answer

    The simple answer is yes.

    His child support will be 17.5% of his net resources since he has another child. There are several Texas child support calculators on the internet that you can certainly attempt to use to determine what he should be paying.

    The IRS debt, mortgage, loans, bills, etc. are irrelevant. Child Support comes before all of those other costs.

    It is irrelevant what she makes or what the man she lives with makes. Child support is only based on the non-custodial parent's net resources as determined by the Texas Legislature.

    Now the mom might be in contempt of court if she is not following the court's visitation order.

    You need to retain the services of an experienced family law attorney now. Look on this website and hire someone.

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  • How can I get a DNA test done out of state? How does the process work?

    I live in Texas , the woman lives in San Diego, California, the baby is due July 23 , how can I get a DNA test done with us being in two different states ?

    Fran’s Answer

    You probably need to contact a CA attorney. I'd look on this website and hire someone.

    A national DNA company can do the testing and it's just a mouth swab that can be mailed in.

    Good luck!

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  • Can I Change my last name to a name that I have never had before because I don't want to go back to my maiden name after divorce

    I am divorcing for a second time after assuming my husband's names legally in both cases. I do not wish to go back to my maiden name as that name is associated with things I would rather forget. Can I just pick a last name i want it to be and hav...

    Fran’s Answer

    I had someone try it but the judge would not allow it. It could possibly slip through but TX law is clear that for a free name change you have to go back to a name previously used.

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  • I live in Florida. I have a son (2 years old) in Houston Texas. Can I get 50/50 timeshare if I move to Texas

    I got into legal trouble in Florida. 3rd degree felony. I completed the drugcourt program. I am considering hiring a lawyer to either get timeshare in Florida or moving to Texas to have more time with my son. Im really nervous to get the court inv...

    Fran’s Answer

    In Texas you need to pay for the child's health insurance and 20% of your net resources (it will not match your paystub). There are several child support calculators on the internet for free. I think the TX Attorney General has a calculator.

    Joint managing conservators is presumed in Texas but that does not mean 50% time or no child support.

    You need to talk to a Texas attorney in person about your particular situation.

    It is relevant what the conviction was and how long you have been clean and sober. For example, I mediated on a Monday for a man who got out of heroin rehab on Sunday. He wanted a standard possession order because he was clean and sober. His child was 2 and I declared an impasse. He was in denial about how his heroin addiction might impact the child. He did not do well in front of the judge.

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  • Am I required to let him see his son?

    My ex just plead guilty for a domestic violence case with me. We have been separated for almost 6 months and he now has a new gf which he brought along during his visitation with our son. My son is only 16 months and can't express to me if somethi...

    Fran’s Answer

    You need a family law attorney to meet with your immediately. Look on this website and hire one.

    Normally the non custodial parent does not get overnights until 3 yrs old. But if you allow it then the judge will continue it.

    You need some one on one legal advice.

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  • My same-sex partner of over 15 years was recently murdered and I wonder how I might get our common law marriage recognized?

    For the first 14+ years of our relationship we were denied our marriage rights. Still, we always considered ourselves married as did our families and friends. We'd say to each other that we knew the truth and the proof of our commitment rests in t...

    Fran’s Answer

    I'm so sorry for your loss.

    My dear friends who had been together 40 years did not marry and one died suddenly. I have not been able to figure out a way to have their relationship made valid in Texas.

    If anyone figures out how to do this, let me know since my elderly friend could use the spouse's social security money since he's in his mid 70's.

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  • 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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