Legal Question in Family Law in Texas
Failure to comply with order on Divorce Decree
My husband divorced in 1998 and stayed with children who are now 19 & 22. The Mother was not ordered to pay support.She was ordered to place the military retirement money, she receives from my husbands, into a savings acct for the childrens college expenses. She never opened an account and has refused for the past 4 years to assist us with the college expenses. How do we proceed to ensure the she complies with the only obligation she has over the children.
1 Answer from Attorneys
Re: Failure to comply with order on Divorce Decree
Your husband would file a Petition to Enforce, but depending upon the wording of the Decree, it may not be enforceable by contempt. If she still receives the money, and they are still incurring expenses, he may be able to get the court to attach the proceeds for the benefit of the children. An attorney would need to read the actual wording of the terms to advise you as to your options.
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