How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
15277592
Type Your Family Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

can enforcement action be stayed to hear the modification SAPCeR

Resolved Question:

can enforcement action be stayed to hear the modification SAPCeR action first?
Submitted: 4 years ago.
Category: Family Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Can the enforcement action be stayed......Yes, the court can stay the enforcement of support. However, in most circumstances it will not do so unless you can show that the enforcement is improper for some reason.

In the State of Texas enforcement of support orders is generally set in stone until the court terminates the order or modifies it. If the SAPCR motion results in a need to modify the support order, the court will modify it at that time.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 4 years ago.
I did not mean enforcement of support, sorry. I meant enforcement of posession/visitation order by the father. there is an enforcement action on the possessory right and almost two weeks later a hearing on motion to modify the agreed final orders that i filed. Can I go to the enforcement hearing and request stay on enforcement until the hearing on modification is held?
Expert:  LawTalk replied 4 years ago.
Good morning,

While there is no guarantee that the court will continue the visitation hearing to the same date as the modification hearing, if your modification motion is based upon a danger to the child(ren), the court may well agree to continue the visitation enforcement hearing to coincide with your modification motion.

Aside from a danger to the child(ren), it seems unlikely that the court will agree to postpone determining why you should not be held in contempt for failure to abide by an existing order.

However, call the court clerk and ask if they will continue the enforcement hearing to the same date as the modification motion. Sometimes the clerk will do that for you.

I wish you the best in 2010.

Best regards,

Doug

Customer: replied 4 years ago.

so motion to stay does not sound like the right tool for this situation. How difficult is the danger to child test to meet? The father resides in a Non Haque convention arabic country that routinely issues and has issued in the past travel bans on my children. Is that danger enough? Do I introduce this argument at enforcement hearing then?

 

Additionally the agreed orders were signed by me under some misrepresantation of facts ( or unilateral mistake) and inducement/undue influance - are these contractual principles avaialble to me for an Enforcement hearing?

Expert:  LawTalk replied 4 years ago.
Good morning,

If you believe that if the father gets visitation that he will flee the country with the children, that will likely be sufficient for the court to continue the enforcement hearing a couple of weeks. If this is the case, then you really should have a local attorney assisting you.

Alternatively, you may want to consider an Emergency Custody Hearing, rather than waiting for a noticed motion on your modification, if you fear that the children will be removed from the country.

I wish you and your children the best in 2010.

Best regards,

Doug



Customer: replied 4 years ago.

is motion to continue the tool here then to present an my enforcemnt hearing

 

 

Expert:  LawTalk replied 4 years ago.
Yes. The motion can simply be an oral request to the court and not a formal motion. However, be prepared to show the court how it would be a risk for the court to enforce the visitation.

I wish you well.

Best regards,

Doug

Customer: replied 4 years ago.

Thank you.

Do I need to accep answer before you can answer my additional question on contract resision actions?

Expert:  LawTalk replied 4 years ago.
Good morning,

If you have a question dealing with Contracts, yes, I can answer it. Please accept my answer here, and then post a new question in the general Legal category. If you specifically ask for me I will answer it for you.

Thanks,

Doug
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 27889
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
LawTalk and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney