Archived
How do I prevent a move away that was granted 3 yrs ago and she didn't move and now she wants to move?
Wail's answer
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Answered on September 30, 2016
Since the order was granted three years ago, a lot has been changed since; namely the age of the child who is older, the reasons for the move; the...
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Archived
Child running away from the custodial parent
Wail's answer
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Answered on September 30, 2016
I think those are new facts that should be presented to the judge's attention.
Archived
Divorce without child: Appropriate to ask temporary spousal support order at this time. Will it help?
Wail's answer
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Answered on September 30, 2016
The only factors considered by the court when temporary spousal support is requested is the need for the support and the ability to pay by the...
I thought I was divorced 25 yrs ago! I remarried last week and discovered I was not divorced!
Wail's answer
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Answered on September 30, 2016
Well two options:
1. Either the divorce took place and you cannot find it (a PI may be able to help you locating the archived docs) or
2. The...
Archived
Can I lose my share of joint property if my wife is sued for liability due to an accident?
Wail's answer
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Answered on September 30, 2016
Yes you are at risk as community property can be used to satisfy separate debt of one spouse. You can review family code 910 to 916
Archived
In family law, can a judge at trial accumulate the higher-earning spouse's access to funds as an asset rather than income?
Wail's answer
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Answered on September 30, 2016
Access to fund is one factor to determine support. However, the access to fund is limited to the business needs to keep the business afloat to...
Archived
In a divorce, can the court impute income to a party based on the amount they stated on a credit or rental application?
Wail's answer
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Answered on September 30, 2016
Yes the court can do that especially if the party that you want to impute income to is self-employed. There is a case law but cannot recall it.
Archived
Do I need a lawyer to subpoena my husband's employer for income disclosure?
Wail's answer
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Answered on September 30, 2016
You can issue a subpoena yourself but that needs to be signed by the judge or the clerk of the court.
Archived
My husband and I was going through divorce and he passed away. What should I do to try to keep our house?
Wail's answer
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Answered on September 29, 2016
If no judgment has been entered in family law, the divorce case abates and treated as if there was no filing whatsoever. If a judgment was...
Archived
My husband was threaten at his job site by one of his supervisors. The supervisor said he was going to harm him .
Wail's answer
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Answered on September 29, 2016
He can either obtain a civil harassment restraining order or he can sue for hostile work environment; neither of those are within the family law...