Legal Question in Family Law in Texas
I have custoday of our two sons. During our divorce we agreed that, instead of child support, we would each pay half of the cost to the private school our children were in. Last year the boys started in public school. I have mentioned to my ex that she should now pay child support. She has no problems with this but wants me to file so it would be "legal". We agrred on an amount but I informed her she could "just pay me" or if i filed we would let the judge set the amount. I plan on filing without a lawyer since my divorce lawyer was not fully invlved in my case and i handled most of the issues involved by myself. My question is this - Since the papers say we share in the cost of the private school in lieu of support, should the filing be a modification or should i ask for enforcement?
2 Answers from Attorneys
When things get complicated like this, you need to involve an attorney.
I don't think a motion for enforcement will get you anywhere.
It sounds to me like the decree stated that she would pay half of the tuition in lieu of child support. So no amount was set. Also she can argue that she is in compliance since the amount of tuition is zero and half of zero is zero.
If you want her to now pay child support, you need to have the court modify the decree to set the amount of child support.
I agree with the other attorney, if you don't know what document you need to file you obviously need an attorney to assist you!
When my plumbing is not working, I hire a plumber!
When my car breaks, I hire a mechanic!
You are going in front of a judge about a legal matter, so hire an expert (a family law attorney) to assist you! If you don't do the paperwork properly, you are wasting a lot of time & you are risking have a legal document that is not enforceable that is not worth the paper it is written on!
Feel free to read about the kits sold on the internet, on radio & tv from out of state companies on my blog -- www.txfamilylaw4u.blogspot.com
Buyer Beware -- Their "guarantees" are worthless! And they have been prepared by attorneys that have never set foot in Texas. They do NOT sell you the forms that are REQUIRED by the Texas judges! Plus, the Texas judges hate these kits and many REFUSE to sign them!
Plus, many judges put all the "do it yourself'ers" at the end of the docket and let them sit for 2-4 hours since most of the paperwork is "junk" and most of the do it yourself''ers want to "argue" with the judge.
I've seen a couple of judges have the bailiff "physically remove" the do it yourself'er from the courtroom or even have the person held in contempt of court for arguing with the judge. (Contempt of court means you go to jail & you get to stay in jail until someone bails you out which costs several hundred dollars! Then you get to appear in front of the judge at a later date to pay a large fine & apologize to the judge for your behavior. This often entails you hiring an attorney to assist you which costs you several more hundred dollars. I hope that I'm scaring you.)
Please hire an attorney & get this job done correctly the first time.
I suggest you call PATRICIA BUSHMAN at 713-807-9405. She offers payment plans. Her first appointment is FREE. She will quote you a price on the first visit. I rent space in her office so tell her that I sent you. My mom just died so I'm not taking any cases at this time.