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Charles Emmerich Hardy
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Charles Hardy’s Answers

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  • What kind of specialty lawyer do I need to look for to prepare my quadro?

    How to file a qudro......Ty.

    Charles’s Answer

    Depends on the QDRO. If it is a military qdro - there is one guy in town who can do it. (Ask around for his name...an expert on Texas Military QDROs. Otherwise, look under miltary lawyers and ask if they do them pr cam offer a referal.

    Good luck - you are on the right trackk!

    Charles

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  • If my child support case as non custodial is in ny and my ex moved to Fl would Fl CS law be able to apply ? How can I do that?

    I am a noncustodial parent and my ex girlfriend has a NY child support order. Our daughter is turning 18 and she plans to move to Fl next month. Can I file a petition in ny court once she moved to request case to be closed or transferred to ...

    Charles’s Answer

    Talk to a local attorney. If you still live in New York, then I think your residence will dictate jurisdiction under the Uniform Interstate Family Support Act (UIFSA). The residence of your daughter should not effect jurisdiction of child support. Your residence will have an impact on that issue.

    Also, after mentioning to your lawyer "UIFSA" and its implications, ask if your daughters move to Florida effects your obligation to pay support. (Why should Mom get support if daughter moves to a different state?).

    Good luck!

    Charles (Texas Lawyer)

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  • My ex only sees 1 of his 3 kids and I want to move out of state will the judge make me stay?

    My ex has 50/50 with our youngest son but hasn't seen the oldest 2 kids in 2 years, I am getting married and my soon to be husband lives in California. His job cant relocate him to my state. what will the judge allow? Should I get married first an...

    Charles’s Answer

    Consult with a lawyer in your area who knows the Judge(s) and ask that very question. Certainly, the court will consider the fact tath Dad has not seen the kids in 2 years. The question your lawyer will ask is "if you are not seeing the kids while they are here, how will it be different if you don't see them if they live in California"?

    Good luck!

    Charles

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  • Can moving in with my girlfriend effect her when it comes to my child support?

    My long term girlfriend and I have been together for 7 years. We are planning on moving in together soon. Her income is higher then mine so we are trying to see if her income would effect my child support. Would the state of Texas try to claim tha...

    Charles’s Answer

    Shouldn't. The guidelines generally look at the "obligors" income (being yours). Not at a third party's. Now, if you have a joint business and she takes a big salary and you take a small one, things might be different. But it sounds like just moving in should not trigger a change.

    If your ex is especially litigatious or bitter, it might be a good idea to buy an hour of a local lawyers time and go over your specific facts.

    Make sense?

    Good luck!

    Charles

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  • My questions are, were we really considered common law married, and will i need to file for a divorce?

    I have been separated from my ex for over two years now, we have a 6 year old and i have put him on child support, during our relationship after we had our daughter and filed taxes, food stamps and medicaid together we put we were common law marri...

    Charles’s Answer

    You are married, you are married, you are married. Since there is no such thing as "common law divorce", you must get divorced (unless you want to stay married). Please consult with a local lawyer and assess the ramifications of staying married to this man. (Joint liability for taxes is just one potential problem.)

    Good luck!

    Charles

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  • Would informal marriage that immediately followed a formal divorce nullify the divorce or be considered a re-marriage?

    My wife and I got a divorce last year. However, we continued our marriage informally. We introduced ourselves as husband and wife to others, we continued to live together, and we agreed to be married. We had agreed that the purpose of the divor...

    Charles’s Answer

    Consult with a lawyer - soon. You have effectively divided your property and debts. The remarriage by common law may nullify your support and alimony requirements IF you can prove a remarriage. And yes, that common law marriage arguably started immediately after your divorce decree was signed.

    Good luck!

    Charles

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  • What will i need to do so that he is not allowed to take her and we can return back to Texas safely

    I moved to Texas with my daughter from North Carolina. Her father is still in North Carolina. We are going home to visit North Carolina, and i wan ther to be able to see her daddy but i am afraid of him taking her from me. .

    Charles’s Answer

    Do you have a court Order? If not (and he grabs her), the police might just tell you that since you are both parents and this is a civil matter, they will not intercede. I would urge you to set up an appointment with an area family lawyer asap to discuss this.

    Good luck!

    Charles

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  • What options do I have to file for divorce?

    My husband and I have been married for 6 years and have 3 children together, and our stepson lives with us as well. I'm a stay at home and he runs his own business. We live in a rental home and have no property. I recently found discriminating te...

    Charles’s Answer

    So sorry that you are going through this. We suggest to clients a 3 step process. First, download our info sheet from HHZLAW.com (click on th top where is say "inportant documents". Open the "Divorce Info Sheet" and compete it as much as possible. Next schedule an apponitment with one of our attorneys for one hour...yes, buy an hour of their time to get a really good, planning office conference Iif it take longer, you probably won't be charged...at least I dont.) Come up with a plan, a blueprint for proceeding.You would not build a house without a plan - would you disolve a partnership without one? Do you need a temporary restraining order? Temporary Orders? Formal Custody? Is Collaborative law an option? When should you mediate? Early in the case or late in the case? Should you have your lawyer prepare your decree of divorce on day one or wait. These issues need to be decied in a well thought out manner - NOT in a 15 minute 'meet and greet' with a lawyer or paralegal. My thoughts. Good luck! Charles

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  • What can i do??? To end this all quicky

    Filing divorce from my abusive spouse this week that just got out of jail today from a warrant that was apparently from domestic abuse charges i filed 3 yrs ago....we got our income tax check that we filed jointly but he does no...

    Charles’s Answer

    Also, ask the legal aid people if you are a candidate for an annulment. Simple and fast - especially if he agrees to it!
    Good luck!
    Charles

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