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I have a fully paid-off house that I owned before remarrying. I want to ensure that if either my spouse or I pass away, the house will go to my children, who are 26 and 21, rather than to my spouse's child, who is 15. Should I do any paperwork to protect the house for my kids?
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answered on Jun 17, 2025
You should have a proper will or a trust designating how you want your property to be apportioned upon your death. contact an attorney who specializes in estate planning and they will be able to get you set up with the proper documents.
I was married to my ex-husband for 24 years, and our divorce decree does not mention anything about his retirement from the Judson School District. At the time of the divorce, I was dealing with an RA diagnosis and the proceedings, during which I claimed he was abusive. He was supposed to pay house... View More 
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answered on Jun 13, 2025
That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.
If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that... View More
per the divorce decree section of Property to Petitioner: ‘100% of Petitioner’s community property interest in the retirement fund named ***** ending in *****, save and except for the portion specifically awarded to Respondent in this decree in the amount of $$$$$’
retirement fund is... View More
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answered on May 29, 2025
If the divorce decree says the Party is entitled to a percentage or a certain amount of money from an IRA or a 401K, unless both parties agree that the paying party will pay cash instead of a transfer from the IRA or 401K, the party will receive the funds via transfer from the 401K or IRA. The... View More
I am in the process of getting a divorce in Texas. After getting married in the Netherlands, I inherited a large sum of money from my mother in June 2019, which I used to purchase a house and a business. Both properties are jointly titled in my wife's and my name, which I did because I wanted... View More
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answered on May 28, 2025
Your inheritance would be considered separate property, and had you bought a house with that money and not put it in your spouses name, it would more than likely have remained your separate property, but once you put the home and business in both of your names, the Court will more than likely... View More
I have been faithfully paying child support for several years, totaling over $39,000. The other party owes me approximately $2,000. Now, they are attempting to take me back to court to offset their owed payments. Can they do this, and how should I proceed with the existing disparity in owed amounts?
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answered on May 7, 2025
A party can take the other party back to court to recalculate child support if three years have passed and the amount of the child support would change by at least one hundred dollars, or 20%. A party can also take you back to court if there has been a substantial change in circumstance.... View More
My child's biological grandfather, who is a convicted felon due to a murder charge, is getting out of prison this year. My child's father wants our son to meet his grandfather, but I strongly oppose this. There are no legal custody arrangements currently in place, but my child's... View More
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answered on May 7, 2025
Without any custody Orders in place, you wouldn't be able to stop the Father from taking the child to meet his Grandpa.
If you file a petition in Suit Affecting the Parent Child Relationship, you can ask a Court to enjoin the child from seeing the Grandfather, but you will have to show... View More
I have been sued for custody of my son by my ex-mother-in-law, who currently has him living with her. She is trying to take custody by making false accusations against me. I need help understanding what documents I need to fill out to counteract the legal action she has taken. What are the best... View More
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answered on Apr 30, 2025
Depending on how long she has had the child, she might not have standing to bring suit, which would require you to file a Motion to Dismiss for lack of standing or a motion to strike petition.
If she has standing, you would need to file an answer as a first step and possibly a... View More
I am the custodial parent of my 3-year-old daughter, with her father having visitation once a month. In our divorce decree, both of us are listed as joint managing conservators, allowing us to act on her behalf regarding non-invasive medical procedures. Recently, my daughter mentioned that her... View More
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answered on Apr 30, 2025
Generally if a parent is a Joint Managing Conservator, he is allowed to swab the child cheek to perform a DNA test. This is not considered an invasive procedure. If Father has concerns that the child isn't his, he could ask a Court to order a DNA test. If he has possession and access, he can... View More
Five years ago, my divorce was finalized without a QRDO being entered into the court docket for the division of federal retirement benefits from my former spouse to me, although the Divorce Decree mentions the QRDO. My former spouse has been receiving retirement benefits from the federal government... View More
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answered on Apr 30, 2025
You must file an Original Petition to Enter Post Divorce Qualified Domestic Relations Order with the Court that your divorce was decided on. Get you ex spouse served and set it for a hearing, with notice of the hearing to the Ex spouse. Attach a copy of the Decree and the QDRO to the Petition.... View More
I was in a 12+ year relationship and we have two children, aged 12 and 10, but never married. I left the relationship while the father was in jail, and there were no legal custody agreements set in place. Since then, the kids have been living with me in my apartment, and the father has a past of... View More
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answered on Jun 20, 2025
If you were never married, and there are no current Orders in place adjudicating him as the father, and establishing conservatorship, rights and duties, possession and access, and child support, then no he does not automatically get out of jail and "get custody" unless you give the kids... View More
I sent a formal letter requesting witness information from my ex-wife's attorney in December 2024, as part of an ongoing legal matter. They have not responded, and I have a court date set for July 16, 2025. The request was made in connection with the discovery process, but I haven't been... View More
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answered on Jun 12, 2025
First, file a Motion to compel, and set the motion for a hearing. Sooner the better. Make sure opposing counsel is given proper notice of the hearing.
If the opposing counsel doesn't show up, ask for sanctions and ask for the death penalty for his pleadings and evidence. In essence... View More
My husband’s son will be visiting from Puerto Rico for two months starting next weekend. There is no mention of visitation in the divorce decree, and last summer when his son visited for two months, my husband did not pay child support during that time. There was no formal agreement about... View More
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answered on May 28, 2025
Simple Answer is no. More direct answer, unless there is an agreement in the Order stopping Child Support while the child is visiting the child support obligation does not terminate just because you have possession of the child during your extended summer possession.
My ex-spouse and I own a home in Texas, zip code 75025. According to our 2007 divorce decree, the house should go to my ex-spouse, but this decree was never filed or enforced. Currently, both of our names appear on the house title and deed. My ex-spouse has agreed to transfer the title and deed... View More
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answered on May 22, 2025
To transfer the property, your ex will need to sign and notarize a General or Special Warranty Deed transferring the property to you. This will then need to be filed with the County Real Property records department in your County.
I'm considering suing my ex-wife after our divorce was finalized for canceling my health insurance on December 31, 2024. Our divorce paperwork included a standing order that insurance should not be canceled. I haven't taken any action yet since the divorce was finalized just a few days... View More
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answered on May 7, 2025
The only remedy you would have for a violation of the Standing Order would be a motion to enforce, but since your divorce is already finalized, you probably wouldn't be able to file that now.
What legal rights does my son have regarding his interaction with his daughter during the divorce process, given the following situation? My son was unfaithful with his wife's best friend, who he continues to have his two-year-old daughter around despite his wife's request for boundaries... View More
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answered on Apr 30, 2025
If no Orders are in place, and the Courts local rules don't address the issue then there is no rule that says your son cant have his girlfriend around the child. However, some courts frown on it.
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