Shawn H. Smith
Directory Practice Areas
- Criminal Law
- DUI & DWI
- Family Law
- Juvenile Law
- White Collar Crime
- Free Consultation
Jurisdictions Admitted to Practice
|St. Mary's University School of Law - St. Mary's University||J.D.||Law|
|Honors: Deans list Dean's scholarship|
|Activities: Law Review|
|Member, San Antonio criminal defense lawyer's association|
- Overall: 48th
- Overall: 39 Answers
- This Year: 2 Answers
Q. For temporary orders shouldn't all community assets be exhausted first before separate property is used to pay bills?
A: Probably not, unless it was specifically stated in the order. It also depends on what you are considering to be your separate property at this point. It would be a good Idea to consult your attorney about this, since you may be confused. If you don't have an attorney, it sounds like now would be a good time to get one since there is some confusion that is too involved to clean up on an open forum like this one. Many, including myself, will give a free consultation to discuss your issues. Good luck.
Q. How long does the court give you to complete required actions?
A: Your divorce will be final when the decree is signed by the two of you and a judge. If that is what happened on 3/2/12, then you have been divorced for a while now. If she has not done one of the terms of the Decree, then you can file a motion to enforce on her to get her to behave. You should probably call a couple of attorneys for a consultation. Most, myself included, will give you a free consultation so you can figure out where you stand. Good luck.
Q. How do I get my rights to my son that lives with his dad? We never married and we have A little girl too, that lives with me...
A: In order to get rights to your children, you will need to file a suit affecting the parent child relationship asking for custody. Contact a couple of family law attorneys in your area to find out what you need to do specifically in your case. Good luck.
Q. What will terminate child support payments if the parents reunite?
A: There is usually a clause in the divorce decree that terminates child support payments upon remarriage of the parents. You will need to inform the attorney general of the change in circumstances to get them to stop any wage withholding etc.
Q. Is there a Texas statute of limitations for prosecuting sexual assault of a minor?
A: In Texas the statute of limitations is 10 years from the 18th birthday of the minor. Alternately, if there is DNA evidence there is no statute of limitations.
Q. I have been paying child support & working overtime. OT is not available anymore. Will they go by my 40 hr week salary?
A: You may have to file for a modification if the support was based on your higher salary. Call some attorneys in your area for a consultation to get an idea of what this process looks like. It is not automatic, you will need to take action to make sure it is adjusted properly.
Q. What right do I have to get a divorce since my husband is drug abuser? I need to protect myself.
A: You should contact some local attorneys right away. If you are concerned for your safety, call the police. There are several ways that you can protect yourself during the divorce process, including filing for a protective order. Most attorneys will offer you a free consultation, call around to discuss your options.
Q. May a private party initiate proceedings and prosecute another in a criminal court, or must this be done by the DA?
A: Must be done through the DA. A private party can make a complaint to the police or the DA, but it is up to the state as to whether they will pick the charges up or not.
Q. Do I need a lawyer for divorce decree amendment?
A: It is difficult to answer that question without more details. Technically you don't, but you are much more likely to get it done properly if you do hire one. At this point, I would recommend calling a few local family law attorneys. Many of us will give a free initial consultation, and that way you may be able to get a better idea of what you will need to do. Good luck.