Legal Question in Family Law in Texas

I have been divorced for almost 9 years. My ex-husband and I have a 10 year old daughter. I am the custodial parent. We have not been agreeing on anything here lately when it comes to the scheduled visits. With that being said he said he wants to go strictly by the divorce decree. He lives in San Antonio and I live in Houston. For the past few years we have been splitting the cost of the round trip ticket for Taylor our daughter to travel back and forth for her parenting time with her dad. In my divorce decree it states that he is a 100% responsible for the round trip ticket. If he wants to go strictly by the paperwork can I bring it to his attention that he will need to start paying for the round trip ticket? Even though a few years ago we verbally agreed to split it? He is picking apart everything in the decree that works to his advantage. When before he never could care less. He has been going back and forth tit for tat and I am frankly tired of the going back and forth. Any advice on what my rights are on this situation would be helpful.

Thanks,

Shannon


Asked on 2/02/10, 2:37 pm

1 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

Yes, if your ex wants to go by the decree then you can force him to take the bad with the good with the terms of the decree. The decree is an order from the judge and may only be changed by the judge. Parties may agree to deviate from the decree (with some limitation), but when the parties no longer agree then the decree is the fall back.

You should consult with an attorney for a more in-depth analysis of your situation.

Good Luck!

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Answered on 2/07/10, 6:49 pm


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