Legal Question in Family Law in Texas
Forgery/Back Child Support
My sister was granted a divorce in March 07--name removed--Her ex-husband was ordered to pay 161 in child support --name removed--It was set at minimum wage because they could not find him and he did not file taxes--name removed--When Atty General found him and court date was set, he stated he did not know he was divorced and filed forgery charges on my sister for forging his name on the waiver to appear--name removed--If he is successful in getting the divorce thrown out, will he still owe back child support--name removed--If so, can one attorney handle the criminal charges and the divorce/child support issues or will she have to hire 2--name removed--She has tried to work it out with him saying she would erase back c/s support if he would drop charges, but his demands are unreasonable--name removed--What is the best course of action at this time--name removed--The detective is supposed to present the forgery charges to the DA tomorrow.
2 Answers from Attorneys
Re: Forgery/Back Child Support
This sounds like a very complicated situation. Your sister should primarily concern herself with the criminal case, since that is the greater potential threat to her freedom. She should consult with an attorney immediately. The same attorney can handle both cases if he/she is experienced in both criminal and family law. I am a board certified specialist in the field of family law and have a great deal of experience over my career in handling criminal cases as well. I would be glad to visit with your sistyer concerning what she should be doing and saying now, if she would contact me directly.
Re: Forgery/Back Child Support
She is probably going to need two attorneys. Sounds like the criminal side of this is of much more urgency than the family law side at this time. Your sister needs a good criminal attorney, now. She is going to need a good family law attorney, too, but how soon she need representation on the family law side of things will depend on when she is scheduled to go to Court.
There are ways to get a divorce when you don't know where the other party is without resorting to forgery. She's going t spend a lot more on attorneys now than she would have if she'd used one and done the divorce correctly back in 2007.
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