I’ve Been Served With a Temporary Restraining Order With My Divorce – What Do I Do?

Under Texas law, temporary restraining orders are meant to keep the peace during a divorce, provide protection of evidence and community property, and keep the other parent from hiding the children or moving away with them until a hearing is held by a judge within 14 days of application.

  • The first thing to do is seek out a lawyer and read the entire document.  Read it thoroughly, make notes, and be sure to have your lawyer explain any word or concept you don’t understand.
  • The second thing you should do is retain a lawyer to file a counter suit and apply for your own restraining order, so that all is fair and equal for the hearing.
  • The next thing you should do is gather witnesses and evidence of any issue that is being contested. 

Very often, judges like for things to remain as fair as possible with regard to finances and as normal as possible for the children with no major changes occurring unless there is possible danger or neglect.

For more information or help with a legal issue, please call The Barrera Law Firm at (956) 428-2822 or complete our online form.

How Do I Prove My Ex is Hiding How Much Money They Make to Pay Less Child Support?

Under Texas Law, child support is usually calculated based on the percentage guidelines in the Texas Family Code, 20% for one child, and add 5% more for each additional child up to 50% of the person’s net income.

If the person has other children, their child support may be less due to those obligations. However, the courts usually stick to the percentage-based calculation BUT they don’t have to.

A Texas court may also deviate from the guidelines based on the needs of the children, or evidence that the person is living large, brand new truck, expensive vacations, getting all their bills paid by their parents, spending more than they make.

It is never difficult to track this kind of behavior if it exists. One can always retain a competent attorney that ensures the person is served with legal and binding orders to produce proof of income, Time slips, contracts, bank statements and an inventory of what they own and what they pay for.

If you need help in a child support case, call The Barrera Law Firm at 956 428-2822 for a free consultation.

Adoptions in Texas

Under Texas law there are strict procedures as to adoption and termination of parental rights. Very often a step-parent has been raising a child for years while the biological parent has chosen to make little to no effort to support the child or manage the child for whatever reason.

Texas law supports the best interest of the child and recognizes that’s what’s best for the child isn’t always a biological parent. Steps may be taken to begin the process for either a voluntary relinquishment of parental rights and consent to adoption, or to fight it out in court and leave it to a judge’s discretion as to grounds for termination, such as not paying child support for a year, or conviction of certain criminal offenses, and others.

Texas adoptions are relatively complicated, and many factors come into play. Some such factors have to do with the criminal history of the adoptive parent, the length of marriage, the presence of family support by the biological parent and more.

For more information on Texas adoptions, call The Barrera Law Firm at (956) 428-2822 or complete our form for a free consultation.

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