I cannot support my new babies with the old child support I was ordered to pay

The older children come first. You knew that you already had children when the new babies were born. You receive a reduction in the percentage of child support for each new baby that is born. However, it is not much!

I don't work so why should I pay child support

Even if you don't work, you will be ordered to pay child support for your minor children. If you have no skills, then you will be ordered to pay minimum wage at 40 hours per week. If you only work 20 hours per week, your child support will still be figured at 40 hours. Why? Because the judges are elected in Texas. Taxpayers are tired of their tax dollars going to support your minor children. Judges don't care if you stay home. However, you are going to be required to support your minor children!

I'll take my case to the Supreme Court!

My first question is - which Supreme Court -- the US or Texas? This usually pisses them off! When I hear this or "IT'S THE PRINCIPLE OF THE THING!" I immediately see dollar signs! "The principle of the thing" usually means that the person won't settle no matter how reasonable. It means that we are going to trial. Therefore, I anticipate these clients are going to use a lot of my time and energy. Trials to the Judge usually start at $10,000 - up. Jury trials normally start around $20,000 - up. Losing at the trial court requires transcriptions and appealing. This is going to start running into more money -- anticipate $10,000 - up. I don't handle appeals but I know several attorneys that I refer these people to for assistance. Appellate work is totally different from trial work! Then if you lose at the appealate level, you are looking at more money to appear to the TX Supreme Court. Then you can appeal to the US Supreme Court. Recognize that they only takes a very small number of cases each year. Again, thousands of more dollars. Therefore, when I hear "I'll take this to the Supreme Court" or "it's the principle of the thing" -- I send them to someone else. Most people want to fight but they are unwilling to pay the huge legal bills involved.

Alienation of affection in the State of Texas

The Texas Legislature eliminated alienation of affection years ago. So if your spouse is having an affair and you want to sue that person, tough luck! You can have them testify in court but getting money out of them for taking your spouse away, won't work in Texas.

Texas is a no fault divorce state

In my divorce petitions, I usually use the Texas No Fault grounds -- we don't get along and there is no chance that we are going to reconcile. Why? Because it is a public record. Because your kids might decide to read your divorce file when they grow up. Because "grounds" only are used in the property division part of the divorce in Texas. Because to prove the nasty grounds -- like adultery, is more difficult that most people realize. If there is no money and nothing to divide, why include it if it won't get you anywhere.

Firing your attorney

This week I received a fax from an attorney I know setting a hearing for a client that was firing me and hiring her! I immediately picked up the phone and called her. I said just send over the forms and I'll sign everything so that the hearing won't be necessary. Also, once she's the attorney of record, I need to send her all the documents in my file so that she can be on-top of the case. Of course, I did not tell her that he owes me money and has not followed the terms of our Legal Services Agreement! He only made one payment and he's missed 2-3 monthly payments. I was getting ready to withdraw from his case due to his lack of paying and lack of returning my phone calls! My Legal Services Agreement clearly states that a client can file me at any time and I will withdraw at any time they are unhappy with my representation. Of course, my contact also includes that I can file a client at any time they refuse to honor their promise to me to make their monthly payments or they refuse to respond to my letters or phone calls. Obviously the client is unhappy for some reason (since he has not talked to me I don't know the reason) but I never try to hold onto a client that wants to use another attorney. I don't have this happen often but when it happens I try to make the transition as smooth as possible. In this case, I've known the new attorney for years and I like her very much. We have always had a very cordial relationship at the courthouse. We have always been able to work together on cases where we are opposing counsel. I want her to have everything she needs in order to finish this case. If you are not happy with your attorney, contact him/her. Let her/him know why. Perhaps there is an explanation. With everyone using cell phones, perhaps he tried to call me and he thought he left me a message but I did not receive it. That is why I try to call someone (or email someone) and if I don't hear from them I follow up with a written letter. I don't just email or voice mail. Sometimes there are "gremlins" tinkering with our technology!

Good communications between you and your attorney

You must be truthful with any attorney you are considering hiring. We have all done "silly" or "stupid" stuff in our lives. No attorney likes to be in the courtroom and learn of the true facts of the case! Hire an attorney that you feel you can communicate with openly and honestly. Also, if your attorney intimidates you -- you have the wrong attorney! I've had several people come to my office after getting a divorce with another Houston attorney and pay me money to explain their divorce decree. They did not understand the legal document when their attorney tried to explain it to them. Or, they felt too intimidated to talk to the attorney that they were paying their hard earning money! Then they find me and pay me for an hour of my time to go over everything with them. I'm glad to do it but it seems very sad to me that people spend their money then end up coming to me to hear it explained in simple English! I try very hard to explain difficult concepts in simple terms. After I graduated from law school, I had to force myself to use everyday terms instead of the $10 words I'd learned in law school!

When do I need a lawyer?

As a lawyer, my response is -- Whenever you have a question even remotely legal in nature! Don't trust your friends or family! Did they go to law school? If not, how can you trust your answer. My plumber loves people that try to fix their own plumbing! He and I came to an agreement - I won't try to fix my plumbing and he won't practice TX Family Law! If you have some paperwork (say closing papers for the first house you have ever purchased) and you don't understand it -- talk to a professional! Their fee will be worth your peace of mind!

My direct email address

If you wnat to email me, use fran@familylaw4u.com Thanks! Fran

Countdown to Digital TV

Americans with old analog t.v.s which receive signals by antenna, must switch to digital by February 17, 2009! Subscribers to cable or satellite service should ask their providers if they need special equipment for digital reception. If you have an old analog t.v. a convert box will change digital signals back to analog. The boxes will cost from approx. $50 - $75. Beginning January 1, 2008, each American household may request up to two (2) $40 coupons, to apply toward the purchase of the boxes. Go to www.dtv.gov or call 1-800-225-5322. Good luck!