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Christopher Michael Vincent Kirker
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Christopher Kirker’s Answers

53 total


  • What type of lawyer must a man have when OAG 'certifies' a large CS arrearage that is years later judged to be $0 in Admn court?

    The OAG's 'certified' arrearage of $27,000+ proved to be based solely on an ex-wife's false claim. It has been 18 months since my "no arrearage owed" decision and I still have an adverse account on all 3 of my credit reports showing I owed almost ...

    Christopher’s Answer

    Based upon the information provided you may need to hire an attorney to work with you and the credit bureaus. Since you posed a child support question it would normally make sense to hire a family law attorney, however, if you do have an Order stating that there is $0.00 in arrearage owed, you may need to move forward with an attorney that handles credit issues and works primarily with the three credit bureaus.

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  • In a answer to court for Suit for Modification of Support Order and Motion to Confirm Support Arrearage what do I include?

    I know I include the general information, and the general denial, do I include any description of proof I intend to submit to court?

    Christopher’s Answer

    If the other parent is seeking to confirm support you will need to answer the Suit. Prior to answering any lawsuit there is an analysis that needs to be performed first. For example, if the Petition is filed improperly, or in the wrong Court, there are other pleadings that may need to be filed prior to the Answer, otherwise, an argument can be waived. This may be inapplicable here, however, it would be considered by an attorney reviewing and analyzing whether filing an Answer is appropriate. Assuming the lawsuit was filed in the proper jurisdiction/Court you will need to decide whether to only file an Answer or whether a Counterpetition is appropriate. A Counterpetition is not appropriate in every situation and there is not enough information provided to assess whether a Counterpetition is appropriate here. In response to your question, a general denial is the most common provision contained within an Original Answer.

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  • Wondering if aloud to reduce child support to put aside money for college for the kids? is it possible?

    Soon we're going to go to the review, and I was wondering if I could file that I wanted to pay my ex half the amount(because the amount would be upwards of 1000) and I want to put 400 a month to their college education. that way I wont be paying a...

    Christopher’s Answer

    A desire to pay for future college expenses is unlikely to persuade a Court that you should pay below-guideline child support. Consider reviewing the Texas Family Code and the factors a Court considers in setting the appropriate amount of child support. An attorney in your area can assist you in deciding whether there are other factors that may apply in your situation.

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  • What can I do if my ex has signed the divorce petition and waiver of service but won't sign the divorce decree?

    Being a mother of 3 young kids, I couldn't afford to hire a divorce attorney. I filed for divorce myself and used a standard divorce decree. My ex signed the petition and the waiver of service stating that he has to sign the divorce decree. Out...

    Christopher’s Answer

    It is his choice whether to sign or not sign the Final Decree of Divorce. You will need to determine whether your case has now become "contested" rather than uncontested as you may have hoped it would be. Two options that you have are: (1) engage your husband in a negotiation to determine whether there is something in the Decree that causes him to not want to sign-- perhaps an agreement is still possible, or (2) you can consult with an attorney in your area about your upcoming trial date to ensure that you have the necessary documents together and to prepare for the court date.

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  • I haven't paid child support What would happen to me if I go to the child support office and explain them why?

    I was ordered to pay child support since 2011 I haven't pay ever since because my legal status n I got pregnant again and moved in with a guy for two years that took time front me i wasn't able to work and make enough money throughout my pregnancy...

    Christopher’s Answer

    Failure to pay court-ordered Child Support can result in the other party pursuing an Enforcement action. It sounds like you may have grounds for the Court to take another look at the calculation of child support, given the change in circumstances you have outlined. Consider contacting an attorney to discuss the best course of action. You will need to have a copy of the current Order for the attorney to give you more specific advice.

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  • How can I have my son's child support sent directly to him?

    He is 17, in college, and needs it to live on. I am the father, and was wondering if I legally had the right to suggest that he be given a debit card so he can have access to the child support. Right now it is going to his mother, and she is havi...

    Christopher’s Answer

    If the Court Order follows the standard Texas procedure the child support is paid through the State Disbursement Unit. Without a modification of the Order you will need to comply with the strict terms of the Order, otherwise you will open yourself to a potential Enforcement action.

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  • Can i reduce my child support

    i have 2 children. ONe child is in CA and the other is in TX. I dont get to see my child in CA and not only am i being charged for her im being vharged for her sister also which isnt my child. I never see her bc her mom won't let me. My son who li...

    Christopher’s Answer

    If you are paying support for a child that is not your biological child you will need to contact a private attorney to help you try and clear up that issue. This can be time-sensitive if there is already an order in place and you are not taking steps to notify the Court that the child is not your biological child. Also, the answer to your question will vary depending on what State law applies. If California law applies you will need to contact an attorney in that State to assist you. The same is true if the Order is in Texas and you are seeking to modify the Texas Order. Contact an attorney in the appropriate State and provide them with more information so you can receive more specific advice.

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  • How can I enforce child support and co-pays?

    My original decree specifies an order for additional child support in the form of life insurance. I have not received proof of this life insurance or whether the premiums are up to date. The other parent has also failed to reimburse 1/2 of our c...

    Christopher’s Answer

    You can contact the Office of the Attorney General or hire a private attorney. The procedure for enforcing the terms of an already existing order is a Motion to Enforce. The relief available to you will depend on how the Order was drafted and the language contained in the Order. For more specific advice on how to proceed you may choose to contact the Office of the Attorney General who should have access to the Order, or a private attorney in your area, who will need to view your Order and discuss this further with you.

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  • Texas - Can my wages be garnished when my husband is behind in child support if an injunction has been approved by a judge.How?

    My husband is behind in his child support and an injunction against our account, his student aide, etc. has taken place. They are saying the next step is to garnish my wages as his spouse. How can I protect myself?

    Christopher’s Answer

    There are certain protections in place for individuals in your exact position. You should not be held accountable for the duty of support that your current spouse has to a prior spouse or for the support of his children by a prior marriage/relationship. The difficulty you face is that you may have your assets tied up with your husband. Contact a family law attorney in your area and perhaps a debt collections attorney to discuss debt collection procedures in the State of Texas.

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  • Does my ex husband have to pay child support for the month he has them?

    My ex husband lives in Maryland because he is in the army. He got them in July and he will get them in December. He wants me to pay for myself to fly them up there and when I said I didn't has the money he threatened to not pay the child support f...

    Christopher’s Answer

    If your order is an order from Texas it is unlikely that there is a provision that puts a stop payment during the months that your ex-husband has the children, however, the answer to your question will be contained in the specific order that you have. Also, if the order requires you to act and bring the children to your ex-husband in a different State throughout the year it should be specified in the order itself.

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