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What Does It Mean To Be Served Legally? Service Of Process In Texas Whether you were served with a custody paper or civil lawsuit, service must be perfected. Unless you waived service, the person who filed the lawsuit (plaintiff) must ‘serve’ you (the person being sued / defendant) with a copy of the lawsuit and citation. This same rule apply to family lawsuits. However, the terms used are different. Except the parents have agreed to the custody issue, the parents who initiates the case (petitioner) is required to serve the other parents (respondent) the custody papers. The petitioner can pay a private…Read More

Under Texas Family Code Section 157.008, there are affirmative defenses that you can raise in your Answer when you face an allegation of contempt. TFC 157.008 States: (a) An obligor may plead as an affirmative defense in whole or in part to a motion for enforcement of child support that the obligee voluntarily relinquished to the obligor actual possession and control of a child. (b) The voluntary relinquishment must have been for a time period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by the obligor. (c)…Read More

Dental Insurance Required Effective September 2018! Texas Family Law Change: dental insurance coverage is a must according to the Texas Legislature. In 2015, the state amended the child support section of the Family Code with new law requiring dental insurance to be part of the medical support portion of child support orders. On September 1, 2018, the law takes effect. What does this mean? Additional child support obligations. Adding dental insurance coverage expands the requirement of medical support beyond the current level of routine medical care. While many parents currently provide dental and even vision coverage when it is offered,…Read More

What Is The Deadline To File An Answer? The answer depends on the type of case and court. Generally, in Texas, an Answer (response to a lawsuit or complaint filed in court) is due by 10 a.m. on Monday after the expiration of 20 days from the date of service. If the 20th day falls on a weekend, go to the Monday that follows. Simple version: Count 20 days from the date you were served (received) the petition; the Monday that follows (by 10 a.m.) is when your answer is due. In a family law case: After you have been…Read More

Family Law – How Does a Newborn Affects Current Child Custody Order? Perhaps you just had a baby. Congratulations! After you celebrate, take a look at your court order with your attorney. It is important to discuss how the new addition will affect any current child custody and child support order. Texas Family Code allows modification if there is a “material change of circumstance;” that is, if the person ordered to pay child support (Obligor) has a baby, then situations have changed. Where the Obligor (the person paying child support) has a new child, it is considered a material change in…Read More

Here Are Three Things To Remember For Your Civil Litigation Defense You need to be prepared whether or not the opposing party has an attorney. First, you must be prepared. Preparation is the first step to a successful lawsuit. Even attorneys prepare before appearing before a judge. Gather all your documents, know all the facts of your case, and be ready to answer any question set by the opposing side. It is important to have at least 3 copies of the documents you wish to present. One copy is yours, the second copy is for the judge, and the third copy…Read More

Ten Things Non-Custodial Parents Should Know About Paternity And Child Support A non-custodial parent, also known as a possessory conservator is the parent who has the right to spend time with the child. He or she has access to child and has legal right to know what is going on with the child. In Texas family courts, this is called ‘access and visitation’ or ‘possession’. A non-custodial parent does not have primary custody of the child. The custodial parent, also called a managing conservator, has the right to decide the child’s residence. Some people call conservatorship custody.’ There is a…Read More

Contempt Is Disobedience To Court Order. What Do You Do When The Other Party Is In Contempt? It is disappointing and tasking when your child’s other parent refuses to follow the court’s order on access and visitation. When such situation arises, there are solutions. How do you enforce the court’s order when the other parent fails to follow through? First, we define enforcement. This is a court proceeding that forces a disobedient person to obey its order. Otherwise, they are in contempt of the judge’s ruling. These types of proceedings apply to: Child visitation Child custody (conservatorship) spousal maintenance child…Read More

Strict Quotas Now To Be Enforced On Immigration Courts, Less Independence The Executive Office for Immigration Review (EOIR), a part of the Department of Justice (DOJ), has instituted strict quotas as part of immigration judges’ individual performance evaluations. This is a shift that strips away the independence held by judges who are making high stakes decisions about whether a person will be deported. “For years, the immigration court system has been strained past the breaking point, too often denying immigrants, even children, a fair chance to present their claims,” said Jeremy McKinney, AILA Secretary. He continued, “The system is so…Read More

Non-Custodial Parent Is Paying Child Support For His Dependent Children - Can He Claim Them As Dependents? Response According to HR Block: “There is not a child support tax deduction available. Instead, the amount of child support you provide usually doesn’t matter. To qualify as a dependent, the child must not provide more than half of his or her own support for the year. The child must live with you more than half of the year. So, the child of divorced or separated parents is usually the qualifying child of the parent the child lived with the longest. This is the custodial…Read More