Legal Question in Family Law in Texas
can ex claim that date of start of child support payments in decree were an erro
My divorce was final May, 2000. The decree states that my ex is responsible for monthly payments beginning January 2000. He says that this date was inadvertently carried forward from previous drafts and that he does not owe that money. I thought that it was part of the agreement and was counting on that money. Should I pursue this or give up?
2 Answers from Attorneys
Re: can ex claim that date of start of child support payments in decree were an
Court Judgment are presumed to be valid. It is up to him to return to court to have it changed if there is a mistake, not you. I am quite doubtful that what he is telling you is the case. I would check with a domestic relations lawyer and pursue the judgment if you think it is accurate. Your ex can chose to return to court and contest the matter if he thinks he is correct, and the judge will decide the issue just as he would any other issue before him.
Re: can ex claim that date of start of child support payments in decree were an
I don't know what the negotiations were for your divorce or the basis for you "counting" on that money. If there is anything in the decree about retroactive child support or payments during the separation prior to the final decree that would indicate the validity of your expectation. If not, I can only guess that what he indicates may be correct. What does your lawyer say?
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
