Legal Question in Family Law in Texas
Changing Debt Division of Original Debts After The Fact
My wife received the house and a student loan debt when she was divorced about 10 years ago. She sold the house back then when we were married and only got a little in principal from it. It appears the student loan was equal to the value of the house. Since that total value of the house was not realized, can a rebalancing of the student loan debt, that was received when in her first marriage, be done now? That seems to be fair if a child goes to live with her ex and he sues for child support now, in effect changing the divorce decree for his benefit.
1 Answer from Attorneys
Re: Changing Debt Division of Original Debts After The Fact
Before I can answer your question, I need some clarification. Are you saying that your current wife was divorced 10 years ago, and in the decree, she was awarded the debt and equity in the home, and she was ordered to repay the student loan. Since that time, she sold the home for less profit than anticipated, and now the student loan debt exceeds the profit? And since the time the decree was entered, the child has changed residences, and the exhusband wants child support?
If that is accurate, I can see no basis for altering the order regarding the division of debt, absent fraud. (Additionally, if he complied with the terms of the decree, it would be nearly impossible to attack the terms of the decree as to division of debt ten years later, absent serious fraud).
If the child is now living with dad, he will seek to modify the custodial arrangements, and seek child support in the process. If your wife is opposed to the custody change, she should consult an attorney as soon as possible. TCL
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