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HK[LonestarLawyer1@aol.com]
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on June 15th, 2007 at 5:13 pm
I am inquiring about a lawyer to help in modification of parental aggreement from my divorce years back at the time of the divorce I was in the Army and serving in Iraq and was not able to fight for my rights to my children and I would very much like to have equal rights. I am would like to know what your retainer fee is to take my case?
on June 18th, 2007 at 1:50 pm
We have received your message and will reply asap.
Thank you for posting.
on June 18th, 2007 at 4:59 pm
Chad, thanks so much for writing. It seems shameful that your ex-wife would put you through this especially after you have defended our country. First, is it seems you need to file a motion to modify in a suit affecting the parent child relationship, or SAPCR. To do that, I would need a copy of your most recent court order. Then, I need to know where to you live and where do your children live? Once those questions are answered, we can formulate what to do and where to do it. Please call me as soon as possible.
Howard Kahn, Lone Star Lawyer
on July 7th, 2007 at 3:06 pm
Does anyone know of a way to find out the owner of a cell phone if you know their number? I see many sites for reverse lookups for cell phones but they charge almost 100 bucks.
All of the free reverse phone number sites have a fee after you put in the phone number. Anywho.com or whitepages.com or any of that stuff does not work since you have to pay to get a report.
Are there any ACTUAL free ones out there?
on January 6th, 2008 at 12:47 am
My Husbands daughter is 19 has a 1 year old son they live with us and were just wondering if shes not ready enough to take care of the Grandchild what can we do to take care of him in a legal aspect that wont cost a huge amount we dont want to take her rights we just want to make sure that he would stay with us should she decide to leave and not take him with her. please respond.
Thankyou
Dara
on January 7th, 2008 at 5:22 pm
Assuming you live in Texas (I cannot respond or give legal advise on any state law other than Texas), the daughter can sign a Declaration of Guardianship naming her father as guardian of his granddaughter in case of the mother’s absense or incapacity. She can also name you. Other than that, if the daughter agrees, granddad can be appointed joint managing conservator but that must be agreed to by the mom. By the way, where is dad of the baby? Is he paying child support? If not, why not? What about the baby’s paternal grandparents? We can talk about this if you prefer. Call me, Howard at 713-572-5246
on March 11th, 2008 at 4:29 am
I have a secured debt (furniture) that I can not pay for now . the furniture has worn out over the past few years and the remaining was ruined in a flood in my apt. what can can they do to me for non payment ?
i live here in texas .
thanks
fred
on March 18th, 2008 at 9:35 am
Dear Fred–
I am sorry to hear about your troubles. Unfortunately, you are obligated to pay for the furniture. For non-payment, the creditor may report your lack of payment to the credit reporting companys and it may sue you for the money, get a judgment, and seek collection of the amount of the judgment. I suggest you make your payments on time and in full so that your credit rating is not tarnished and you can buy more furniture.
Howard Kahn
on March 27th, 2008 at 12:58 pm
Hello my name is Ms. James; I was wondering if there is a form that can be drawn up to relinquish a parents right voluntarily. I had a child with a man almost 2 years ago. And we agreed upon being together only to have a child and he didn’t want any rights to the child. He was trying to help me have a child since my partner and I couldn’t have one together. He was basically a donor in so many words. My partner would like to adopt this child, but I heard that there might be problems since we live in Texas-we are a same sex couple. Can you please give me some insight? Thank you.
on March 31st, 2008 at 10:06 am
The man may file an affidavit of voluntary relinquishment of parental rights. Once accomplished, he has 7 days to revoke the affidavit. After the 7 days, we file a petition to terminate the parent child relationship between he and the child, and simultaneously file a suit affecting the parent child relationship and\or adoption for your partner. The court may grant joint managing conservatorship for your partner for the child and the court may–but is not required to, grant an adoption. Howard Kahn
on April 4th, 2008 at 4:10 pm
When my dad’s church was started somone listed them as a commerical business not a non profit org. So for the past I think 5 years the church has been paying taxes on the property. I found out last year the way that they were listed and so I informed my dad that they were not suppose to be paying taxes. Now since then they have changed the docs to be a nonprofit org but the county is still making them pay their tax bill from 2007 in payments and will not return any of the money that has been paid . Is there something that the church can do to try and get some of the money back or at least not have to pay anymore of what is owed.
on April 9th, 2008 at 11:59 am
Mr. Kahn has been tied up in court. I did receive your requests for information. If you will check this post tomorrow, all the pending requests will be answered, or feel free to contact our office at 1-888-575-5246
on April 10th, 2008 at 3:44 pm
Alex–
There is a way, and that is to protest the tax bill and when the taxing authority refuses, the Church files suit to declare the non-profit status and seeking a refund. It is a long involved process. The simpler way may be to form another non-profit with a similar name and let the current one expire.
Howard Kahn
on April 14th, 2008 at 10:03 pm
Mr. Kahn,
My step daughter has been placed in our care pending an investigation of her mother by CPS. Her mother has endangered her, on several occasions, and needs help. They will be trying to provide that. We would like to get custody ..joint, but with us being the “home”. We have called several attorneys, legal aid etc. And seem to be unable to afford or qualify for help. Is there a way we can file a Petition to modify the decree ourselves, or will be laughed out of court? As she has been living with us, we would also like to modify the child support.
Can you tell us how we can do this?
thank you,
Erin
on April 16th, 2008 at 11:25 am
I had residential custody of my 3 children (twins and son)for 12 years (without formal child support); and when they wanted to go and live with their dad, I obliged. He was still bitter about the separation, lied to the child support office about me not sending him support and put me on child support. I have a default judgement from 2003. I was unable to attend the court date and I requested an extension, but the attorney rep state in California denied the request. I had just had a baby recently moved from California to to Texas to keep my job. I still have that default judgment hanging over my head although I pay my current support and an amount for the past due support. My twins have since graduated and are in college and my son will graduate next month. He has a another wife, 2 homes, cars and renter’s income…but they have never modified this order and it continues to earn interest. The state keeps telling me that there is nothgin they can do. Please tell me if there is anything I can do have this changed.
on April 21st, 2008 at 6:54 pm
Hello,
I had my guadianship of my daughter stripped from me in 1994. My ex-girlfriends parents were awarded full guardianship—both my ex and I did not have legal guardianship at that point. At the time, I did go to court and tried to fight it. Needless to say, I did not win. Over the years, I tried to be responsible and gived my ex money for my daughter (even though I did not have to legally) but she made it impossible to see my daughter. I tried one last time a few years back but that ended up the same way. I have not had contact with my ex for several years now. Just today, I received court papers stating she was filing child support against me. This must mean she now has gained legal guardianship. Can she file against me even though my rights were taken away? What defense do I have and should I pursue?
on May 5th, 2008 at 5:11 pm
My childs father was injured and now my son gets social security. My question is can i still file for child support even though my son gets the social security. My sons father was paying child support before the accident but it wasnt court ordered we did it on our own.
on May 7th, 2008 at 11:19 am
To Erin
You may file your own motion to modify. However, I’d wait until you’ve had possession of your granddaughter for at least 6 months. That way you have mutiple grounds for standing. If CPS’s investigation finds no problem and returns the child to the mother, you as grandparents, have very little to say about it. Only if the child is in danger can you do something. Grandparents have very limited rights during this particular legislature. That may change with the next legislature.
on May 7th, 2008 at 11:28 am
Dear Lola
It sounds like the default judgment was rendered in California. If so, then you need to hire a California attorney to attempt to undo it. Typically, its very difficult to undue default judgments more than 90 days after its rendered, but not impossible.
on May 7th, 2008 at 11:30 am
Dear Ron,
If you were served with formal court papers on the child support, you need to take action immediately. DO NOT ALLOW A DEFAULT, as the prior posts should indicate to you is a bad idea. Without comprehensive review of the file, I cannot answer any remaining questions.
on May 7th, 2008 at 11:33 am
Dear Abby
Good question. The answer is maybe yes, maybe no. It depends on the amount of support awarded, the amount being paid by social security and the actual child support order. Typically, money paid by social security on behalf of a child support obligor is a credit against the child support obligation, which usually survives the deminse of the child support payor (obligor).
on May 7th, 2008 at 7:56 pm
I am in college and need proof of legal seperation for Assistants to pay for school. I have not yet filed for divorce because we are still wanting to try to make it work, but both agreed that we needed time apart. What could I do to get this paper work with my low income.
on May 8th, 2008 at 9:51 pm
My husband has 4 children. 3 with his first wife and 1 with his second wife. The first wife is taking him back to court to raise his child support. Do the courts take in to concideration the other child and what percentage of his pay can his first wife get?
on May 12th, 2008 at 3:27 pm
The non-custodial parent of my child owes 4000 in back child support and I am having problems receiving payments for medical bills from last August. Support is based upon a minimum wage salary and I know he makes more than that. Each time I have tried to contest it, he gets fired or quits his job. On top of that he has been in jail for a couple of months and is going back at the end of the month for three months. I have never been able to depend on him for anything. Is there an easy way to have visitation schedule changed? Currently is is the standard Wednesday and first third fith weekends. He has never taken her on Wednesday and I feel like our lives should not revolve around when he is or is not in jail. I would like to have the weekend visitation limited as well. And of course there is the issue of the amount of child support. I would appreciate any help.
on May 23rd, 2008 at 10:05 am
I just had a judgement placed against me for a credit card debt. I misread the papers that were left outside my apt and thought the court date was for the 27th, but it was in fact for the 22nd, so I missed the court date and since I do owe this money, I am certain they got the judgement. I am a single mom of 3 (only 2 left at home) and have not been able to find work. I have very bad arthritis that has kept me from bartending/waitressing as I had in the past. Anyway, we basically live on my sons ss (rent & utilities). I also sell used books on ebay, but that is only about 50.00 a month. My question is, Can the creditor freeze my checking acct since the only deposit would be my sons ss check? I want to pay this and was going to call the attorneys today to offer 20-30.00 a month, but i dont know if that would be enough or if I even should call yet. The credit card bill is for 1500.00. If they freeze my acct, I wont be able to pay the rent and believe me, it only takes 12 days here for an eviction notice. I have no family and have never received child support for my other child. We cant find him. I would just like to know, which direction I should take? Thanks so much, Chris
on June 10th, 2008 at 9:48 am
My stepdaughter was kicked out of her home (by the custodial parent) Dec. 31, 2007. She moved from place to place just to have a home to live until she graduated high school. (May 2008) Her father and I live in Texas and she lives in Georgia so she wanted to finish school there. The mother continued receiving child support but none was used to help my stepdaughter. Can my stepdaughter file against her mother for the child support she received.
on June 19th, 2008 at 11:44 pm
This is question about contract labor laws in the state of Texas. If I have a trucking company and hire a driver and he signs a contract stating that he is contract, not a employer-employee, master-servant, can this person come back later and claim that he was an employee? The only thing I priovided was the truck and trailer. His responsibilites were to assist in loading and unloading cargo, eg placement on trailer and securement, driving truck to destination of bill of lading, and to follow all regulations set forth by the Federal Motor Carrier. No forced dispatch…
on June 20th, 2008 at 6:52 pm
I am writing in regards to my husband. He has a total of 5 kids that he knows are his and has requested a DNA test on four. Will the courts take into consideration his responsibilty of the other five when issuing a payment? Also three of the children get SSI and one gets a disabilty check. By husbands works for a department store and doesn’t make a lot of money will all of this play into effect because I’m really worried about our children’s well being, our house, and our cars not to mention bills period. The lady that filed has already been caught lying during negotiations I wanted to know if the worker that was trying negotiate with them would give this information to the judge or just keep it to herself.
Thank you for your time,
K. Mitchell
on June 30th, 2008 at 12:48 pm
can an apartment complex charge you for a monthe you did not live there, if you were on a mont to month lease?
on July 1st, 2008 at 11:06 am
My husband and I have split custody. He works a full time job and I don’t work at all. He pays me 125 a month for child support but now he is always late and I am tired of it. My question is what would happen if I fill out the paperwork for the attorney general to have it taken out of his paycheck seeing as he has custody of my son. Also I was told by someone that since I am remarried he could file on my husbands income is that true?
on July 3rd, 2008 at 7:49 am
Question regarding a no-solicit agreement. Although I moved from the territory where the no-solicit was intended to protect, my new position covers the entire state. Projects have come up that I have chased in my old territory. My previous employer has sent me a reminder through a Texas based lawyer though they are based in OK.
1. The agreement I signed was based on OK laws.
2. I signed the agreement sitting at my house in Dallas, TX, not in OK.
3. I did not receive any compensation to sign the agreement.
4. Many of the customers in my old territory have chosen to work with me rather than my old employer based on relationship we developed.
5. The customer in question that was contacted to bid a project in my old territory, was not a customer of mine during my time.
Question, is a no-solicit agreement signed in the state of Texas but clearly based on OK law, enforceable in Texas?
on July 10th, 2008 at 2:46 pm
Darrell Caldwell
Maybe yes, maybe no depending on whether the agreement runs afoul of certain Texas statutes regarding non competes and non solicitation agreements. Typically, if the work is performed in Texas, the job was advertised in Texas and you signed in Texas, then most likely Texas law will apply to it despite is Oklahoma choice of law clause for non-competition agreements. Non- solicitation agreements are not technically non-competition agreements but they are flip sides of the same coin. The question is which rule of law will apply to the non-solicitation agreement?
Probably Texas. Are they enforceable? That depends on a detailed factual case by case analysis by the court. How will it get resolved? They (1) sue you in Oklahoma or Texas; (2) you sue them in Texas, or (3) you comply with the agreement to their subjective satisfaction and hope they
don’’t sue.
on July 10th, 2008 at 2:46 pm
Anne
First, no, your husband’’s income is not included in calculating your obligation for child support, if any. Since you have no earnings there is no support. However, I could accumulate evidence to show you do have income, just not in the form of a paycheck, and from that imputed income, I could calculate net disposable earnings. It’’s a fancy argument but could be made. Second, since you are questioning about taking support out of his paycheck, known as garnishment, that tells me there is a final order somewhere, either a divorce decree or a decree in a suit affecting the
parent child relationship. That means certain time limits apply as to when either party may go back into court to modify the prior order. So, fill out the paper work and get your money.
on July 10th, 2008 at 2:47 pm
Khristina hayes
only if you did not give them 30 days notice of your intent to terminate the month to month lease.
on July 10th, 2008 at 2:47 pm
Ken
I do not understand your question.
on July 10th, 2008 at 2:47 pm
David Daniels
Yes, an independent contractor may contest that fact and claim he is an employee. The issue is tne of substance over form. There are two general tests to determine the answer to that question and they are sufficiently fact intensive. There is a 10 question test, and a 100 question test.
Bottom line, how many other company’’s does the independent contractor work for? The more he works for, the more he looks like an independent contractor.
on July 10th, 2008 at 2:48 pm
Viv
Probably, but she needs to seek those funds in Georgia, where her mother is living as her mother owes her a duty of support.
on July 10th, 2008 at 2:48 pm
Cassandra
There is a common law divorce, but it doesn’’t help you. There is no statute that says there is a common law divorce, but if you are common law married and you split up effectively ending the marriage, then if neither party files suit for divorce within 2 years o f the date of splitsville, then
you may never file suit to prove the common law marriage. Meaning, failure to file suit for divorce for 2 years after the termination of the common law marriage means you can never file suit for divorce––a common law divorce. If he has property belonging to you and you do not
want to go the divorce route, you can seek to have that property sequestered in a civil suit but that way is more expensive and time consuming. Seek a divorce and temporary orders to get possession of your property then you can drop the divorce.
on July 10th, 2008 at 2:48 pm
Chris K
Offer them $150 and $25 a month for 1 year, and if they don’’t accept tell them you are going to file bankruptcy. If they don’’t accept, then actually file bankruptcy and discharge them.
on July 10th, 2008 at 2:49 pm
Maria
Get another job or become self employed. Then file a motion to modify the child support obligation in a suit affecting the parent child relationship.
on July 10th, 2008 at 2:49 pm
Sherry
Yes, you can sue to terminate his rights and be done with him. It appears he doesn’’t care about his daughter so remove him from her and your lives.
on July 10th, 2008 at 2:49 pm
Mellissa
Yes. There is a chart with different percentages of support based on the number of children for whom the obligor has a duty to support versus the number of children before the court.
on July 10th, 2008 at 2:50 pm
Angel
There is no legal separation in Texas. Either you is or you ain’t married. No in between. Get divorced and if he can re-charm and re-win you heart, good for you
on July 11th, 2008 at 9:06 am
hello,
my question is one thats probably asked all the time. how do they determine the amount of child support a person has to pay? i have one daughter that i have to pay child support on and they told me it would be about $400 a month. is that a reasonable amount? your prompt response would be greatly appreciated on this matter.
thank you for your time,
~rigo
on July 14th, 2008 at 2:44 pm
Dear Rigo,
A percentage of your net disposable resources which is after employment tax, and insurance are deducted from your pay. In your case 25% of net disposable resources.
on July 21st, 2008 at 11:31 am
I’m contract labor at my job, how do I account for taxes that should be taken out of my check to calculate child support or do I calculate from gross income?
on July 24th, 2008 at 10:41 pm
My husband & I were married 23 years then divorced. We never lived apart more than 1 yr, so have become common law for 11 yrs. So, we have been together for 34 yrs but never remarried? How does this affect our annuity plans now that we are nearing retirement? We both want to share the annuity but they ask for marriage certificates. What should we do?
on July 25th, 2008 at 8:12 am
My company is purchasing a home. Are all of the forms that are standard when an individual purchases a home adequate for the company? Does the company get all of the standard protections of FHA like an individual?
on July 29th, 2008 at 10:04 am
I am a single parent to a beautiful eight months old little girl. Her father and I set up her custody agreement when she was six months old stating that he had visitation every night from 6pm to 11pm. His work schedule only allowed him to see her during that time. All of a sudden this isnt good enough for him. He wants the supervision taken off and he wants weeks with her. He has only seen her three time since her birth. I have also found out that he has a sexual molestation issue hanging over his head involving his sister. Due to this his ex wife will not allow him to see his other two little girls both under the age of 12. He has started to make threats and calls everyday telling me whats wrong. Due to his drinking, drugs and this sexual molestation on his sister I am not willing to leave him alone with her and need advice on how to change his visits from everyday to once a week. Please any advice would help so much.
Thank you for your time.
on July 30th, 2008 at 10:43 am
Crystal this is a very senstitive issue and we cannot leave a reply on the Internet. Please call us toll free 1-888-575-5246 and we will be happy to speak to you privately at no charge.