Legal Question in Family Law in Texas
Been divorced for 2 yrs now. I have custody of my twin 17 yr olds. My ex didnt pay me child support for the past 2 yrs because we work it out in the decree so she didnt get get as much of my retirement and she didnt have to pay 300.00 a month for the first 2 yrs. But our degree says that she must pay me 300.00 for the kids senior year of high school. Well paymenats are to start in 5 months. Only thing is my daughter has been living with her for the past year. My ex doesnt want to pay me child support because my daughter has been staying with her....I still paying alot of bills for my daughter....but she wants to change what is on the decree. I dont agree...What happens next if she wants to change the decree and I wont agree to it? Buy the way we used the same divorce lawyer when we got devorced......
Sorry second question...If my ex's income has increased...do I get more child support..If so how do I do that? Will it cost me...do I have to go to court?
1 Answer from Attorneys
First, I doubt that you used the same divorce attorney. The State Bar ethics division frowns on this and most attorneys know this. I've personally not seen a family law attorney represent both parties in a divorce for many years since the State Bar of Texas made their position known to the family law attorneys of Texas. If you look closely, I suspect that the attorney represented the Petitioner in the case. I'm sure that the attorney may have met with both of you but the attorney cannot represent both parties for the very reason that there is a conflict of interest in trying to represent both parties in a divorce.
Second, if you need to change the Final Decree of Divorce you are allowed to do a modification.
You could agree to go to mediation and attempt to resolve your conflict that way. It is usually less expensive. You would need an attorney to turn your mediated settlement agreement into a legal document for the judge to sign to make it into an enforceable legal agreement so it could be enforceable by contempt if either party violated it later.
Third, if you just want to enforce your current legal document you would do that by filing an enforcement action. She would have to violate the terms of your current decree in order to file a motion to enforce against her.
You probably need to sit down in person with a family law attorney in your county and discuss this matter. I recommend that you do not use the attorney that you initially hired to do the divorce, please use someone different.
I hope this information is helpful.
Look on this website and on www.avvo.com for a family law attorney and or mediator to help you.