Do you have a will?
Do your relatives know if you want to be put on life support if you are in a horrible accident?
Don't wait -- act today!!
713-847-6000
Tuesday, April 27, 2010
Elderly or sick family members
Do you have elderly or sick family members?
You need to talk to me
I charge $2 per minute to talk to you or to you and your family.
I might give you some peace of mind.
KNOWLEDGE IS POWER!
713-847-6000
fran@familylaw4u.com
IT'S NEVER TOO EARLY TO PLAN!!
YOU LIVE IN HOUSTON -- YOU DRIVE ON THE FREEWAYS!!
You need to talk to me
I charge $2 per minute to talk to you or to you and your family.
I might give you some peace of mind.
KNOWLEDGE IS POWER!
713-847-6000
fran@familylaw4u.com
IT'S NEVER TOO EARLY TO PLAN!!
YOU LIVE IN HOUSTON -- YOU DRIVE ON THE FREEWAYS!!
Consultation $2 a minute
I have been practicing law for almost 20 years. I am over 55 years old. I have led a colorful life. I am a former business owner. I've been married twice. I am taking care of my elderly parents. I like to think outside of the box. I try to avoid going to court.
If you might have a potential problem, come see me. Let's just talk for $2 per minute. Within 30 - 90 minutes, perhaps I can help you. Or, perhaps I can point you in the right direction.
I never got guardianship over my father. I did things that avoided needing a guardianship over him. I might be able to help you too.
If you have aging parents or you are single, you need more than a will. You don't just need a living will or a living trust. You need to think outside the box. Let me help you.
Probate in Texas is not scary if you plan ahead!
Call me at 713-847-6000 or email me fran@familylaw4u.com
If you might have a potential problem, come see me. Let's just talk for $2 per minute. Within 30 - 90 minutes, perhaps I can help you. Or, perhaps I can point you in the right direction.
I never got guardianship over my father. I did things that avoided needing a guardianship over him. I might be able to help you too.
If you have aging parents or you are single, you need more than a will. You don't just need a living will or a living trust. You need to think outside the box. Let me help you.
Probate in Texas is not scary if you plan ahead!
Call me at 713-847-6000 or email me fran@familylaw4u.com
Adoption by another person
If you are over the age of 18, it is very easy to be ADOPTED by another person.
Many people that could not be formally adopted as children for some technicality can finally finish the process quickly, easily and CHEAPLY after they turn 18.
For some families that spent thousands of dollars and years of frustration, waiting until the child turns 18, is the answer to their prayers.
If the adoption process is not an option for your family, please consider doing it AFTER the child becomes an adult.
Most people have not be made aware of this option.
This is one reason I offer a consultation for $2 a minute. Often there are solutions that people just aren't aware of or never considered.
Call me for an appointment.
Many people that could not be formally adopted as children for some technicality can finally finish the process quickly, easily and CHEAPLY after they turn 18.
For some families that spent thousands of dollars and years of frustration, waiting until the child turns 18, is the answer to their prayers.
If the adoption process is not an option for your family, please consider doing it AFTER the child becomes an adult.
Most people have not be made aware of this option.
This is one reason I offer a consultation for $2 a minute. Often there are solutions that people just aren't aware of or never considered.
Call me for an appointment.
Changining a minor child's name
Changining a child's name requires the consent of BOTH parents.
If both parents do NOT agree, most judges just won't do it.
It's just easier to wait until the child is 18, then the child (now considered an adult) can do it without anyone else's consent. The adult needs to get a finger print card and fill out some paperwork. If the person does NOT have a criminal record and is NOT avoiding creditors, it's easy. Most judges are glad to do it.
The biggest pain is to to the SOCIAL SECURITY ADMINISTRATION office and then the TX Driver's License Office and get new identification.
The person will need to get all things changed -- passport, credit cards, etc.
It takes several weeks to get new id's issued.
If both parents do NOT agree, most judges just won't do it.
It's just easier to wait until the child is 18, then the child (now considered an adult) can do it without anyone else's consent. The adult needs to get a finger print card and fill out some paperwork. If the person does NOT have a criminal record and is NOT avoiding creditors, it's easy. Most judges are glad to do it.
The biggest pain is to to the SOCIAL SECURITY ADMINISTRATION office and then the TX Driver's License Office and get new identification.
The person will need to get all things changed -- passport, credit cards, etc.
It takes several weeks to get new id's issued.
Children having children
I had an interesting question the other day.
A 15 year old girl was pregnant. The girl's father wanted to know who was going to have to pay for her maternity clothes and her hospital bills.
The obvious answer was -- her parents!
The Texas legislature never anticipated minor children having children. Our state laws just are not written for minors having babies.
Parents are responsible for the acts of their children.
The odds are the father is also a minor and does not have the money to pay for her pregnancy expenses.
In most cases, most people are not wealthy. If the families have a lot of money, then 2 attorneys are going to get wealthy and having a lot of fun fighting in court by fighting in court by trying to prove to a judge in court which parent was more negligent by not watching their children and "allowing" these kids to get "too close" to reproduce!
Of course, it won't be until AFTER the baby is born and DNA testing can be done to determine who the bio. daddy is and litigation can begin! So the parents are going to have to save all the receipts and hope that the Judge will reimburse their expenses. I've seen judges reimburse for prenatal vitamins. I don't know if a judge will reimburse for the costs of "reasonable" maternity clothes. And what would "reasonable" maternity clothes be?
Of course, the costs to hire attorneys to fight all of this might exeed the out-of-pocket costs.
But, if the man is much older than the 15 year old girl, he might be charged with statutory rape and be looking at criminal charges...if so...he'll be in prison and a registered sex offender...so child support and reimbursement of pregnancy expenses will be the least of his problems.
After practicing law for almost 20 years, it never gets boring!
A 15 year old girl was pregnant. The girl's father wanted to know who was going to have to pay for her maternity clothes and her hospital bills.
The obvious answer was -- her parents!
The Texas legislature never anticipated minor children having children. Our state laws just are not written for minors having babies.
Parents are responsible for the acts of their children.
The odds are the father is also a minor and does not have the money to pay for her pregnancy expenses.
In most cases, most people are not wealthy. If the families have a lot of money, then 2 attorneys are going to get wealthy and having a lot of fun fighting in court by fighting in court by trying to prove to a judge in court which parent was more negligent by not watching their children and "allowing" these kids to get "too close" to reproduce!
Of course, it won't be until AFTER the baby is born and DNA testing can be done to determine who the bio. daddy is and litigation can begin! So the parents are going to have to save all the receipts and hope that the Judge will reimburse their expenses. I've seen judges reimburse for prenatal vitamins. I don't know if a judge will reimburse for the costs of "reasonable" maternity clothes. And what would "reasonable" maternity clothes be?
Of course, the costs to hire attorneys to fight all of this might exeed the out-of-pocket costs.
But, if the man is much older than the 15 year old girl, he might be charged with statutory rape and be looking at criminal charges...if so...he'll be in prison and a registered sex offender...so child support and reimbursement of pregnancy expenses will be the least of his problems.
After practicing law for almost 20 years, it never gets boring!
Why do so many 17 yr. olds want to leave home?
It seems that many 17 yr. olds want to move out of their parent's home!! They are in a hurry to move in with their boyfriend's home. It is rare that a boy wants to move in with his girl friend.
At 17 they are an adult for criminal purposes! However, they are still a minor for civil purposes. Landlord's don't want to rent to them. No one wants to sign a contract (car loans) with them.
What they don't realize is that they cannot take their furniture and their stuff (cell phones, computers, games, etc.) with them when they leave. Technically, their clothes, money, etc. belong to their parents.
The moment the clock strikes midnight on their birthday, they are an adult and they can leave their parent's home. They can leave with the clothes on their back -- and they can take anything that they have received as a gift or inherited. Everything else still belongs to their parents.
Of course, the moment they turn 18, their parents no longer have to support them -- with things like money, food, clothing, housing, soap, gasoline, electricity, cell phones, Toilet paper, water, etc.
At 17 they are an adult for criminal purposes! However, they are still a minor for civil purposes. Landlord's don't want to rent to them. No one wants to sign a contract (car loans) with them.
What they don't realize is that they cannot take their furniture and their stuff (cell phones, computers, games, etc.) with them when they leave. Technically, their clothes, money, etc. belong to their parents.
The moment the clock strikes midnight on their birthday, they are an adult and they can leave their parent's home. They can leave with the clothes on their back -- and they can take anything that they have received as a gift or inherited. Everything else still belongs to their parents.
Of course, the moment they turn 18, their parents no longer have to support them -- with things like money, food, clothing, housing, soap, gasoline, electricity, cell phones, Toilet paper, water, etc.
Saturday, March 27, 2010
Some Excuses that Don't Work as to Why you Missed Court
Judges hear a lot of Excuses as to Why People Don't Show up to Court -- Here are a Few of the Most Common - They Don't Work:
I did not know that I could ask for DNA testing. You MUST ask for DNA testing at the beginning of a case or your lose the right forever.
NOT showing up to court, is NOT an excuse.
NOT hiring an attorney is NOT an excuse. If you are trying to hire an attorney show up with business cards and names and phone numbers.
Showing up on the wrong date to court is NOT an excuse.
Showing up in the wrong court is NOT an excuse.
If they serve the wrong address and you did NOT know about a court case, it is NOT an excuse.
If they serve your mother's address and you don't really live there and you don't show up to court, is NOT an excuse.
If the custodial parent told you "everything was taken care of" and not to show up to court, that is NOT an excuse.
I had a flat tire. Call and tell the court. Then get it fixed and show up late. Don't just get it fixed and go home.
If you are in a traffic accident on the way to court -- then send a relative to court and have them appear in front of the judge and tell the Judge what hospital emergency room you are at. The Judge will probably have someone call the hospital to verify that you are in the hospital. Why? Because people use this excuse all the time.
I did not know that I could ask for DNA testing. You MUST ask for DNA testing at the beginning of a case or your lose the right forever.
NOT showing up to court, is NOT an excuse.
NOT hiring an attorney is NOT an excuse. If you are trying to hire an attorney show up with business cards and names and phone numbers.
Showing up on the wrong date to court is NOT an excuse.
Showing up in the wrong court is NOT an excuse.
If they serve the wrong address and you did NOT know about a court case, it is NOT an excuse.
If they serve your mother's address and you don't really live there and you don't show up to court, is NOT an excuse.
If the custodial parent told you "everything was taken care of" and not to show up to court, that is NOT an excuse.
I had a flat tire. Call and tell the court. Then get it fixed and show up late. Don't just get it fixed and go home.
If you are in a traffic accident on the way to court -- then send a relative to court and have them appear in front of the judge and tell the Judge what hospital emergency room you are at. The Judge will probably have someone call the hospital to verify that you are in the hospital. Why? Because people use this excuse all the time.
Child Support Obligation - The debt that never goes away
Here is the basic Texas law regarding a parent's obligations regarding child support:
A parent is obligated by Texas law to support their minor children.
There is no excuse NOT to support your children according to Texas law.
Even Texas inmates are obligated to support their minor children.
Not working is NOT an excuse.
Even if the custodial parent hides the children from you, you are still obligated to pay child support. Yes, this is not fair, but, it is the law.
If you lose your job, it is YOUR obligation to go before a Judge and get the amount of the child support lowered. Yes, this is NOT fair, but, it is the law.
Being disabled is not an excuse.
Being injured is not an excuse.
Being a student is not an excuse.
Being mentally ill is not an excuse.
If you are married, then your spouse can make the child support payments.
It is assumed in Texas that you can work a minimum wage job of 40 hours a week. That translates into a monthly child support payment of at least $200 a month for one child.
This monthly obligation is determined by the Texas Attorney General and is revised each year by their office.
If Social Security sends money to the other parent, the judge can still order the non-custodian parent to make an additional child support payment.
Child support obligations cannot be discharged be bankruptcy.
Past due child support will be reported to the credit reporting agencies & will ruin your credit. That means that you will not be able to buy a car or a house. You will have bad credit and you will pay a higher interest rate. If you are married, it will impact your spouse's credit.
You can lose your driver’s license. If you are a truck driver, you can lose your professional license.
If you are a professional (hair dresser, doctor, chiropractor, etc.) you can lose your license and there is nothing you can do about it.
If you are owed a tax refund, the IRS will take the refund and send it to the custodian parent.
All past-due child support incurs a 6% penalty.
Once the children are over the age of 18, you cannot go to jail but the child support is still owed and the 6% penalty still grows!
If you ever inherit any money, the TX A G will intervene and get the money in probate court. And, yes I've seen them do it.
When you die, they will intervene in the probate of your estate and get the money before your heirs get any money.
In summary, child support is the debt that never goes away.
A parent is obligated by Texas law to support their minor children.
There is no excuse NOT to support your children according to Texas law.
Even Texas inmates are obligated to support their minor children.
Not working is NOT an excuse.
Even if the custodial parent hides the children from you, you are still obligated to pay child support. Yes, this is not fair, but, it is the law.
If you lose your job, it is YOUR obligation to go before a Judge and get the amount of the child support lowered. Yes, this is NOT fair, but, it is the law.
Being disabled is not an excuse.
Being injured is not an excuse.
Being a student is not an excuse.
Being mentally ill is not an excuse.
If you are married, then your spouse can make the child support payments.
It is assumed in Texas that you can work a minimum wage job of 40 hours a week. That translates into a monthly child support payment of at least $200 a month for one child.
This monthly obligation is determined by the Texas Attorney General and is revised each year by their office.
If Social Security sends money to the other parent, the judge can still order the non-custodian parent to make an additional child support payment.
Child support obligations cannot be discharged be bankruptcy.
Past due child support will be reported to the credit reporting agencies & will ruin your credit. That means that you will not be able to buy a car or a house. You will have bad credit and you will pay a higher interest rate. If you are married, it will impact your spouse's credit.
You can lose your driver’s license. If you are a truck driver, you can lose your professional license.
If you are a professional (hair dresser, doctor, chiropractor, etc.) you can lose your license and there is nothing you can do about it.
If you are owed a tax refund, the IRS will take the refund and send it to the custodian parent.
All past-due child support incurs a 6% penalty.
Once the children are over the age of 18, you cannot go to jail but the child support is still owed and the 6% penalty still grows!
If you ever inherit any money, the TX A G will intervene and get the money in probate court. And, yes I've seen them do it.
When you die, they will intervene in the probate of your estate and get the money before your heirs get any money.
In summary, child support is the debt that never goes away.
Friday, March 26, 2010
To the person who sent me a comment - here is my reply
To the mother that just posted the following comment.today on my blog...
applies and an over 18-year old CONTINUES to be unemancipated?
Can an over 18 year old continue to be unemancipated due to inability to independently care for himself?
My son has a learning/developmental disability and recently dropped out of school. He is really lacking in the life skills needed to become emancipated (IMO).
I'm working with him on that, but his father says that now he can stop paying child support on him!!
MY REPLY TO YOUR COMMENT:
First, you need to email me directly at fran@familylaw4u.com so that we can discuss this matter privately. Second, your questions really don't make sense to me. If the "child" has turned 18, he is now an adult. Since he dropped out of high school and is over the age of 18, his father no longer has to support him, the child is now a legal adult. He might be your child but in the eyes of the law in the State of Texas he is now an adult.
You can try to have your child declared "incompetent" by a court. You will need to be declared his legal guardian. It is very difficult to do. Just being irresponsible and not having life skills is not enough to be declared incompetent. Yes, the boy might be irresponsible and not "street smart" but that is not enough in the eyes of the judge and the laws of the State of Texas.
I don't do adult guardianships. You will need an attorney that specializes in adult guardianships. These sort of cases are handled in courts called PROBATE COURTS.
I only handle family law cases - like divorce, custody of children, child support, etc.
Your child is no longer a minor child.
I hope this helps.
Good luck!
If you want to just talk, I charge $1 per minute to do so - minimum charge $1 per minute.
applies and an over 18-year old CONTINUES to be unemancipated?
Can an over 18 year old continue to be unemancipated due to inability to independently care for himself?
My son has a learning/developmental disability and recently dropped out of school. He is really lacking in the life skills needed to become emancipated (IMO).
I'm working with him on that, but his father says that now he can stop paying child support on him!!
MY REPLY TO YOUR COMMENT:
First, you need to email me directly at fran@familylaw4u.com so that we can discuss this matter privately. Second, your questions really don't make sense to me. If the "child" has turned 18, he is now an adult. Since he dropped out of high school and is over the age of 18, his father no longer has to support him, the child is now a legal adult. He might be your child but in the eyes of the law in the State of Texas he is now an adult.
You can try to have your child declared "incompetent" by a court. You will need to be declared his legal guardian. It is very difficult to do. Just being irresponsible and not having life skills is not enough to be declared incompetent. Yes, the boy might be irresponsible and not "street smart" but that is not enough in the eyes of the judge and the laws of the State of Texas.
I don't do adult guardianships. You will need an attorney that specializes in adult guardianships. These sort of cases are handled in courts called PROBATE COURTS.
I only handle family law cases - like divorce, custody of children, child support, etc.
Your child is no longer a minor child.
I hope this helps.
Good luck!
If you want to just talk, I charge $1 per minute to do so - minimum charge $1 per minute.
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