Legal Question in Family Law in Texas
Default Judgement in Texas
My best friend's ex-husband keeps taking her back to court for various things since he won primary custody in February 2006. My best friend gets extended visitation and was allowed to pick up the boys after school on Wednesdays and return them to their father at 8pm.. The most recent court event involved medical co-pay expenses and changing the Wed visits to overnights on Thursdays. The Ex doesn't send reciepts but sends statments from the internet that include both of their expenses. He has never reimbursed any of her expenses and even claimed some of her expenses as his own in documents he presented to the judge. He has been so deceptive in his presentation of his expenses she stopped reimbursing him altogether.
Long story short...(please bear with me..) He and his attorney missed the trial and she won by default. She was able to present her expenses and compared it to the expenses he claimed and only had to pay him a minimal amount. The judge also ruled to allow her have the Thursday overnight visits.
The other day his attorney went back to court to plead for a retrial and the judge granted it. Since the judge granted this, does that mean the default judgment is null and void? No more overnights on Thursdays?
1 Answer from Attorneys
Re: Default Judgement in Texas
Most retrials require the partying asking for the retrial to pay some of the other party's legal fees to make her whole since he did not show up to the trial.
Yes, you start all over.
If your friend does NOT have an attorney, she needs one!
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