Legal Question in Family Law in Texas
My husband and I are separated, the divorce papers have been filed. He doing it himself from the internet and there is no property involved. He prepared our income tax return and e-filed it, then had the refund direct deposited into his bank account. He told me he would send my half to me. I am now getting the run around from him and his mother, who is on the bank account with him and was supposed to send me the check. Today I got a text from her saying they are in Las Vegas and won't be back until Tuesday. The money has been in his account for at least one week, his mother just didn't take the time to send mine to me. I am now worried they aren't going to send it at all. He sent me a notarized statement saying he would give me half the refund. Will that hold up in court? Do I have any recourse? I have a baby and I am on public assistance, I really need that money. Thank you for your time and help.
1 Answer from Attorneys
Most of the paperwork sold on the internet is junk. This is especially true when minor children are involved.
It looks like your divorce was filed in Harris County.
If you sign a Waiver of Service, then your husband can put anything in the Final Decree that he wants it means that you agree to it. Therefore, read the Final Decree of Divorce very carefully, you could be giving up custody of your baby!
A notarized piece of paper means nothing to a judge unless someone brings it to the judge's attention. In order to bring it to the judge's attention, you need to set it for a hearing. There is a procedure to do this legally. You will need to hire an attorney in order to do this.
You have a baby. You do not have a simple easy divorce. There is child support, health insurance, visitation, parental rights involved.
If you need an attorney, I highly recommend Patricia Bushman at 713-807-9405. She has payment plans. Her first appointment is FREE! You can afford that! Call her on Monday! You need an attorney! Tell her that Fran sent you. I rent space in her office. I'm not taking cases because both of my parents are ill.
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