Legal Question in Family Law in Texas

Re: Not legally separated....any liability?

Lots of answers here. As you can see we all agree, file for a divorce. Pick an attorney where you live and one you feel comfortable with and get going. I handle Fort Worth and Dallas area. Keep safe and get court orders in place ASAP. My cell phone is 81 821-0945.

Re: Not legally separated....any liability?

Of course he has to pay. Find a lawyer to file for divorce. You may be able to get your husband to pay temporary support for you, attorney fees and child support. If you have a question, my phone is 713-465-1456.

Re: Not legally separated....any liability?

You can either file a divorce action or a suit affecting parent child relationship (this establishes him as the dad and gets him to pay child support). If he is acting in a threatening way you can also seek a restraining order. He will learn. If you live in the Austin/ San Antonio area we can help.

Re: Not legally separated....any liability?

The answer to your question is -- he does not have to pay you anything until ordered by a Judge.

Texas does not have legal separation so you are forced to file for divorce and ask for temporary orders. In the temporary orders you will receive child support, perhaps temp. spousal support, continuation of all insurance coverage, orders to keep him out of the house, and he will get visitation with the children.

The family violance issues alarms me. You need to take steps to protect yourself and your children. The violence exhibited in front of the children alarms me too. They do not need to be exposed to this behavior.

If you are frightened, I STRONGLY encourage you to leave the house and go to a shelter with your children. You can replace your stuff but you cannot replace your life or the lives of your children. You need to be somewhere safe.

If he breaks into the house - call the police.

If he follows you -- drive immediately to a police station or fire station.

PLEASE BE CAREFUL! I had an acquaintance killed while leaving her husband. This is serious business. When he finds out that you are actually filing for divorce his behavior should get even worst!

Additionally, since there is no court of continuing juridiction (based on the facts you presented) he has no right to see the children.

In fact, he can show up tomorrow and take the kids and disappear and there is nothing you can do. The police will not help you get them back! They will tell you to go see an attorney. Without court orders, he would NOT be guilty of parental kidnapping.

I STRONGLY recommend that you see an attorney immediately to discuss the options available to you.

You need to talk to someone and get the straight facts. Your husband is obviously not a lawyer and is making up the law.

If you live in the Houston area, my phone number is 713-847-6000.

Re: Not legally separated....any liability?

As the other responses correctly pointed out, until a court orders him to pay support, he doesn't have to. You can file a divorce action and obtain temporary orders while the divorce is pending that will provide you: temporary custody of the children, temporary child support, an injunction to protect you, the kids and property, and exclusive use of the house. Given the facts you described, sounds like it is time to file. No reason to live like that.

If you are in the north texas ares, give me a call. I be happy to help.