Family Law Questions? Ask a Family Lawyer Online.
Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...
First, I am very sorry that you have suffered a tragedy in your family. You have my sympathies.
With regard to question: Your facts are scarce, but of course, if you are not amenable to what he wants, you must oppose any Motion he cares to make. I assume he has not made the Motion, but is only threatening? If you live in Texas, he may have to file in your TX county, which will have jurisdiction if you have lived there more than 6 months, which may sway him to not bother.
I am a bit confused on your statement that you "allowed the father visitation." Since you have a custody order, was there not a visitation order there as well? (I say this because generally the father would have the right to visitation with his children.) Also, what is going on with the children's names? Was it his last name at one time and did you change it to something else? Or was it never his last name?
In any event, you need to make sure that if you two can't agree on the changes he wants, and if he files a Motion seeking these changes, that you OPPOSE the motion. You have to make sure to read the papers you are served with and file a written Answer opposing, to better ensure that he does not win by default.
I believe I have answered your question and I hope you a better understanding of your legal issue as a result. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!
Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.
Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up if needed. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.
Are you saying that one of his demands that he wants is to claim them on his tax return rather than YOU claiming them? I think you will have better chances of winning that one, particularly since he isn't even paying his support, how can he expect to write them off? lol, he is overly demanding, isn't he? I don't see you having a big problem here, a judge WON'T be happy with him. AND, make sure that if he does file a motion, that you Answer and include in that answer a Cross Motion to enforce child support and/or seeking incarceration for contempt of the child support. Let him know that if you have to take the time to go to court, you will have no choice but to have the courts enforce the CS order that he has been violating. I can not see him pushing that envelope (although some guys just aren't so bright, I know :)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).