Legal Question in Family Law in Texas

What is the most economical way to off-set divorce debts? I was ordered to pay a sum in the $5,000 range. She was ordered to pay bills and maintain/pay all bills for my house while she lived there. She never paid the bills, including some mortgage payments, which add up to $4,000. She also left the house trashed, with cleanup and repair bills that will add up to over $5,000 (there was language in the decree saying she should do maintenance and all repairs).

I'm not trying to make any money; rather I want to settle/off-set this and call it a day. What do I need to do if I don't have any money for a lawyer? I already tried reasoning with her, but she has the entitlement attitude saying I still owe her. She has refused my deals via certified letter. She has also refused an earlier deal in mediation.

Is there a status of limitations for the payments of these debts? Is the only way to settle it thru Family Court? Can I take her to small claims court?

If I do family court, do I have to file a motion of contempt for every bill she owes? Is there a simpler "Motion to clarify" or other legal route? The evidence I have against her includes the divorce decree, emails requesting payment with bills, emails stating that she is past due and to avoid bad credit I would pay, but will be requiring to pay me back (there is an indemnification clause in the decree that I've been told covers me), a hand-delivered letter outlining the bills in the decree and contact numbers.

I may have to go pro-se as I don�t have nay money for a lawyer. I pay her full child support and pay for the children�s healthcare, even though I have the kids (on paper) 43% of the time. I also don�t enjoy any tax breaks.


Asked on 6/25/13, 4:50 am

1 Answer from Attorneys

It sounds like poor construction of a divorce decree. As far as your current situation goes, you would need to go back to the family court for enforcement and contempt proceedings. You can file a single petition and include each bill owed but you can't just file a generic motion and expect the judge to figure it out.

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Answered on 7/07/13, 11:20 pm


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