Skip to main content
Karen L. Marvel
Avvo
Pro

Karen Marvel’s Answers

463 total


  • Child support

    My last court hearing was on 10/27, my sons dad did not show, he was issued a warrant, and today, his ex wife called and told me he did not show up for the court hearing they had and yet another warrant was issued. I am wondering in this case will...

    Karen’s Answer

    It sounds like this is a case with the Texas Attorney General. Generally the AG requests that the court order a cash bond for the father's release from jail. If he pays it and then you go back to court, the money is forfeited and given to you (probably split between you and the mother of his other child). If he does not pay the bond, the judge brings him into court to have a hearing on the merits of the case. You can find out how much the bond is by contacting the district clerk's office or calling the Attorney General.

    See question 
  • Can I get non custodial parents rights terminated if he has made zero contact in five years? And if so can I still get support?

    My ex hasn't attempted to call/see our child at all in 5 yrs. He has abandoned her before 2x for a few consecutive months. The last time we spoke he said he wanted his rights signed away and stopped all contact since. She is Now 12 and has No desi...

    Karen’s Answer

    In Bexar County where you are asking the question, the judges will generally not terminate the parental rights of a parent without (1) a stepparent (not a fiancee) ready to step in and adopt the child; or (2) bad facts by the parent (not seeing the child is not going to be sufficient without other bad acts). I understand that this father only pays child support and under the court order he still has rights so my recommendation to you is to marry your fiancee and do an adoption to be a complete family. You lose the child support but you create the family you already have in place -- but you make it legal and proper in the eyes of the law. Good luck.

    See question 
  • Can the TX AG levy a joint account that has been in effect just 2 months for child support? the father and I aren't married.

    My boyfriends son is 15 and was living with his grandma (moms mwho has no legal rights to him in Tx. The grandma has taken care of him, but it she is unhealthy and tries to keep both parents away by threatening jail,The grandma logged into her dau...

    Karen’s Answer

    If the court order says your boyfriend owes back support the AG has a right to freeze it. The person who is owed the support can contact the AG and drop any money owed to her personally but if there is money owed to the State of Texas for pubic assistance (food stamps, Medicaid) that money must be repaid.
    If your name is on the bank account and you are not married to him, contact the AG right away and demand that your money be released because the AG has no right to hold money that belongs to you. I agree with the prior attorney who says you need a lawyer. You need to get a court order to clean up this mess if the child is coming to live with you.

    See question 
  • How do I keep a child support suit in the same county it was filed in?

    My ex is wanting to change/modify our divorce decree which she had drawn up in the first place the way she wanted it to be but now she has decided after 11 years she wants to include child support, she also wants to change the county/court that ha...

    Karen’s Answer

    If the children live in a different county from where the original order was signed and have lived there over six months, Texas law requires that the case be transferred to the county where the children reside. It is not about where you or the mother want the case to be. Texas law also allows parties to modify orders based on changed circumstances of the parties. I suggest you look here on Avvo for a lawyer in the county where your ex lives and get a consultation so you can get an idea of what may happen in your case. Good luck!

    See question 
  • How can I request a temporary order from the court for child support, visitation, etc. during the divorce process?

    My spouse moved out unexpectedly. I have been a stay at home mom for a year, we have two kids and he left when all of the bills were due. I have filed for divorce and he agrees he wants one too but he says that he is not obligated to help me with ...

    Karen’s Answer

    When you file for a divorce you can request the court order temporary child support and temporary spousal support. However, that is not something you can easily do on your own. It is not "just a form" that you can fill out and it happens. You can apply for services with the Texas Attorney General for child support but it can take six months to a year before they can start even temporary support (they have over 1 million cases in their system statewide -- it's not their fault they are overworked and understaffed).
    You need to borrow money from family and friends to hire a lawyer to help you through this. There are a lot of good lawyers in Harris County who can set up a payment plan with you but if you need help now you (a) need to get a job; and (b) need to get a lawyer to get you some support. Good luck.

    See question 
  • How do I file a Form 254 with the State of Delaware. My child support deductions from my paycheck should be ending soon

    The child's 18th birthday is January 29th.

    Karen’s Answer

    You need to post this question in a Delaware child support forum. If your court order is from the State of Delaware their Title IV-D agency can assist you. If your court order is from Texas but your employer is in Delaware, an order terminating withholding can be done by a private attorney or many employers will accept a birth certificate and a copy of the child's high school diploma to show the obligation terminated.

    See question 
  • Paternity and child support

    I live out of town. A had written a docusign letter a while back to the mother, stating that I was the father of the child and I waived my dna right. The mother of the child went and filed child support. I got scared and asked for a dna test. I we...

    Karen’s Answer

    You should hire a lawyer in Houston to appear for you. If you cannot do that, you need to contact the Attorney General/or private attorney in Harris County handling the hearing by filing an answer and requesting a DNA test. IF the case is an Attorney General case, the usual practice in our county is to go ahead and do a DNA test even thought there has been a previous admission of paternity. HOWEVER, Harris County may be different. Good luck. Be prepared to show all proof of ways you supported this child before you and the mother separated so you can get credit for any retroactive child support you may owe.

    See question 
  • I requested and got capias with bond on my ex, what happens now? Does he get notice?

    Texas, child support enforcement and modification

    Karen’s Answer

    Make sure the capias was sent to the Sheriff's office (that you paid the fee). Also, hopefully the judge gave you a cash bond. Then you need to use your friends and family to look for your ex and notify the sheriff when they see him. The sheriff can arrest him wherever he is found. Good luck!

    See question 
  • How can we get child support stopped when one of the 2 kids lives with us?

    when child support was granted both kids lived with their mother. son has lived with me since January. i pay all medical ins.and $525 a month. the mother also gets ssi and a ck on each child. divorce was granted in Montgomery county. i live in tri...

    Karen’s Answer

    You need to file a motion to modify conservatorship (custody) and child support and ask for temporary orders to reduce the child support and give you the primary residence of the child living with you. Because the mother is moving to Colorado you should do it soon. Your child has not lived in Trinity County for six months so Montgomery County is the court of continuing, exclusive jurisdiction and you will need to file there. Please look here on Avvo to find a lawyer in that area who can help you.

    See question