Do grandparents have the right to see the children?

Grandparents have a right to see the children in very limited circumstances.  Texas actually has specific sections of the Family Code that address the issues related to grandparents' rights.  Some of the situations when a grandparent can have visitation rights are, when one parent is deceased, one parent is incarcerated, or a grandparent has had actual, exclusive possession of their grandchild for at least six months.  If you are a grandparent read more »

How do I collect back child support?

You first have to file a complaint, in writing, with The Child SupportFunds which are ordered by the court to be paid by one parent to the custodial parent of minor children after a separation or divorce. Division of the Texas Office of Attorney General.  The state will then attempt to locate the non-custodial parentThe parent that retains physical custody of the child. and collect the back support.  Should further actions be required, the state will determine which, such as: read more »

Do I still owe child support when the child now lives with me?

Most likely not; however, relieving yourself of the payments will take a trip to court, even with the child in your custody.  A handshake agreement between parents on support payments when custody changes isn't good enough.  All agreements between divorced parents must be reduced to the form of a court order.  Otherwise, by court records you are in arrears, subject to court ordered payment of the arrearage. This can be followed by a judgment placed on any real property for the amount owed, or even garnishment.

Can my wages be garnished to pay child support?

Yes. In fact, wage garnishment is the most common form of child supportFunds which are ordered by the court to be paid by one parent to the custodial parent of minor children after a separation or divorce. collection.  Typically, the custodial parentThe parent that retains physical custody of the child. will go before the court and request a certain percentage of the non custodial parent's wages be withheld, up to 50%.  The non custodial parent, however, has the right to oppose such a ruling in court.

What happens if I am unable to serve my spouse with divorce papers?

If you and spouse do not have children and/or the amount of property acquired during the marriage is less than $50,000.00 then you could serve your spouse via posting.  Posting allows the local constable to put notice of your divorce in designated place in the courthouse reserved for legal notices.  Your spouse will have a read more »

What will happen to my health insurance after a divorce?

Health insurance companies won't allow you to stay on your ex spouse's health insurance policy once your divorced is finalized. Your options will be to purchase a private policy, obtain coverage for through your employer, or elect to read more »

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Trusler Menduni PLLC
5300 Bee Cave Road
Building III, Suite 250
Austin, Texas 78746

Phone: 512.481.0330
Fax: 512.478.1906

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