Wednesday, September 12, 2007

fyi…

When reading my posts, especially ones from way back, remember that the law is a constantly changing and fluctuating entity. Point being, something that was discussed a year ago may not be the law now. So take anything you read in my posts with a grain of salt, and always verify the information with a lawyer of your choice. Or if you cannot afford or find a lawyer, research your specific issues by going to the heart of the matter….the Texas Family Code to which I have provided a link to the right.

7 comments:

DAC said...

Any comments on the revisions that took affect on Sept. 1?

Anonymous said...

I am interested in finding out recent outcomes of child relocation cases or related opionions under Judge Livingston, in order to make an informed decision. How can I find such information?

Chris Schmiedeke said...

I am not sure that that kind of information is available for a specific judge. You may try and contact some local family law attorneys who have dealt with that judge on those issues and see what their results were.

Anonymous said...

I have a question about enforcing what is in a divorcee decree. My husband had a child with his ex wife, he signed paperwork terminating his parental rights (I have no idea if they were actually filed). My husband paid all child support/medical bills until this child was 18 years of age, with no visitations or any type of communication with this child (bad divorce). Now this young woman has graduated from a private university and she is sending him the bill, stating that in the divorce decree he agreed to pay 50% of her college tuition. What legal ground does she have? Any information would be helfpul.

Chris Schmiedeke said...

Anonymous, I cannot answer that question without having the order in front of me. It may or not be enforceable as a contract.

The first step is to determine whether his parental rights were terminated. If they were, then he owes nothing. If they were not, then he could be sued for the amounts as a contract.

I think the chances are slim that any of that will happen.

Good luck.

annomtx said...

I have different problem. husband wnated another child (have 1 daugt), after long long process, adopted child from China, after 6 mos. he wants divorce. says no other woman,just not happy. But will live close by, do half the work. Be there for the kids and help out. Div on freindly terms, then all of sudden, job change, must move? I have help him sell house, he is respos for. He insists on Europe job, demands it or will quit, there is a woman involved and now pending marriage. Has not been a year. Children have been in modest priv school all along. Decree does not mandate it. Economy is tough, am in commission job, supported him through his education and work lows, now can barely get by. He wants to pull kids from priv school if it's too much, but also wants to reduce $$ monthly. Can barely get by as it is, need more help. On my own, while he vacations all over Europe. Barely calls the children. When in US, hardly sees them. His company is US for now, but afraid he is going to change citizenship and skip out on his support. Can I garish wages? should I? I am going to have to pull kids to public school due to cost, but afraid he will just deduct amounts monthly and I will have a fight on my hands, he knows I can not afford ATTNY fees and arrogantly just does not help or care to understand how hard it is. His comment, just give them to me to take to Europe then. He had them for a month in the summer and put them in school the entire time. They just finished a full year here. What can I do? Thinking garnishment might atleast keep monthly checks coming for now unless he changes jobs in Europe. Afraid and nearly broke. Can you advise on good cheap attny and can I garnish wages under these circumstances?
AnnomTX

Chris Schmiedeke said...

Annomtx - yes wages can be garnished if you have a court order for him to pay support. If you do not, then you need to get a court order and then have them garnished.

As far as an attorney, I don't know where you are, so I cannot recommend anything. However, you can check with your local county to see if they have a lawyer referral service or legal services for people with low incomes. If you are in Texas, go to this website www.texasbar.com and look there for assistance.

Good Luck.