Divorce Legal Questions

The divorce decree should state whether there is income withholding, and there should be a separate income withholding order. If there is not one, you should get one. You also should be able to file an enforcement for child support. If the children are on Medicaid, eventually, the attorney general of Texas will file an enforcement. However, sometimes the AG does not file because they are overloaded with cases. You should probably file the enforcement yourself. You can get more information here: texaslawhelp.org.... Read Answer

You certainly could seek a divorce from your husband and seek reimbursement for whatever money he may have spent on the other woman. It is likely that he has spent community funds to support her. You will not be able to bring an action against the woman though. Be sure to collect information about all your financial assets and bills so that you know the state of your community property. You didn't say whether you have children with your husband, but if you do, he will be ordered to provide child support and medical support for the children of the marriage.... Read Answer

If you entered into a property settlement agreement, which was likely incorporated into the divorce decree, the proper remedy is a Motion to Enforce Settlement Agreement.  If you became divorced with no agreement regarding the real estate, you are both co owners.  In that event, the remedy is an Action in Partition to compel a sale. I trust this answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

While there are many self help sites out there, I always advise retaining an attorney for a divorce.  The reason is that the rules can be very confusing and the process easily survives the cost benefit analysis. Fees vary based upon the amount of work involved.  For example, depending on whether the case involves assets that need to be divided and an agreement drafted, my retainer ranges from $750.00 to $2,000.00, plus court filing fees. I trust this answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you don't know your spouse's current whereabouts you can still divorce him by giving legal notice by publication in the newspaper.  This will not help you get support from him or any of the property that is in his name.  If you are seeking support or marital property from him then you are going to have to find him so that you can formally serve him with the divorce papers.  There are private investigation services who can help track people down, but if he is overseas you would probably have to find out what kinds of PI services like that are available there.... Read Answer

Attorneys are governed by the Rules of Professional Conduct which provide, among other things, that an attorney must communicate with his client and vigorously represent him.  Certainly, I do both of those things. If you are unhappy with your attorney, a common circumstance in family matters, you are free to search for another one. I trust this answers your questions but do not hesitate to call or email me on a free initial basis.  Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The underlying question appears to be whether you in fact gifted it to her, about which you don't say.  Presuming not, and if there are no other complications, it would seem to be your car in someone else's possession, and you should hire a repo company or tow truck.  If the facts are different, the equities would be different.... Read Answer

In order to more fully answer your question, it would be helpful to see your divorce agreement or divorce decree. The way that the property division is structured or worded may impact your options moving forward. Aside from looking at that specific language my other questions/concerns would center on how the house is financed and the impact of simply conveying the home to her without considering some of those factors. For example, if you were to simply convey the home to her, but the mortgage is still in your name, then that may impact your finances and ability to get another home down the road. This may be one of several issues to troubleshoot. ... Read Answer

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the decree has been entered, you waived your rights to a divorce court determining equitable distribution of marital assets. However, if the house is in joint names, you have a property interest in the house and you are entitled to one half of the proceeds, notwithstanding the divorce. I trust this answers your questions, but feel free to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution, including your retirement.  So it is not so much the house he would have an interest in as the amount taken from your retirement which you will have to account for.     I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Generally, PA is a no fault state so there is no legal nor practical reason to assert fault grounds such as adultery.  The 2 types of no fault are a one year separation and consent. Regarding the joint bank account, that was clearly marital so she must account for those funds.  Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution.   I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You can always file for child support as long as the children are minors.  It is not a right that can be waived, regardless of what your separation agreement says.  This is because it is a right that belongs to the children, not to you, so you have no contractual authority over it. ... Read Answer

My office regularly handles divorce mediation.  However, if your spouse is abusive, the process can be problematic and you might wish to explore some other options as well.  Please feel free to contact me, preferably with your spouse, if you wish to discus the mediation process. 203.870.6700... Read Answer

There is no PA requirement that a party waive a right to discovery, although its possible there could be a local rule to that effect.  However, I suspect your attorney simply wishes to cover his bases and commit to writing your desire to forego discovery.  There certainly is no reason not to sign it. If you are concerned about your attorney’s advice, it is always a good idea to get a second opinion.  However, if you are satisfied no discovery is necessary and it is a simple case with little or no distribution, I reiterate there is no reason not to sign it.  I trust this answers your questions but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com... Read Answer

Dear Anonymous:     Lucky for you the answer is no.  Alimony used to be taxable to the recipient spouse, but after overhalls to the federal tax code, commencing in 2019, alimony payments are no longer taxable.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com ... Read Answer

The answer to most of those quetions is "maybe."  There is no requirement to do any of the things mentioned in any particular order, so it mainly depends on how well the people involved can get along.  As to how alimony and child support are determined, the rules, statutes, explanations, and calculators are posted on our Spousal Support and Child Support pages, but your best bet is a detailed consultation with a qualified family law specialist to go over your particular situation and get specific analysis and advice as to how to resolve the issues present in your case.... Read Answer

If the land contract was done during the marriage, she might have a marital claim unless it was not a listed asset of the marital estate if the land contract began after he died, the former spouse has no claim and the heirs of the deceased have full rights to the property   if the ex invested in the land contract after the divorce, then she will need a writing to make any claim... Read Answer

Because you have a signficant amount of separate property, it would be a good idea to get an attorney to protect your rights. In Texas, all property is presumed to be community property during a divorce, unless that property was obtained by gift, devise or descent and unless it was obtained before the marriage. You would need to produce paperwork showing when you bought your house and cars. You would also need to show when your 401K started and how much it increased in valude during the marriage. Your spouse would be entitled to half of the growth during the marriage, but sometimes, there is no growth or it's so mimimal that the other spouse decides not to go through the trouble and expense of getting their share. Again, the best way to protect your rights is to get an attorney to represent you.... Read Answer

You should consult with an experienced divorce attorney ASAP.   If possible you should discuss divorce mediation with your spouse.  Its less expensive, faster and more productive in my oppinion. Please contact me if I can offer more information or be of service. We do represent people in matters like this, both mediation and litigation. Good luck. ... Read Answer