Legal Question in Family Law in Texas
I filed a Motion to Enforce Spousal Support and Order to Appear that is scheduled to be heard on March 29th, 2011. (I had the orders signed on February 14th, 2011 Pro Se.) My ex is not a rational human, does not want this divorce, and has stalled it for all it's worth. He also has violated the temporary orders in just about every way imaginable.
When I asked for the temporary orders, I did not want extended spousal support (I realize how ridiculous that was now), and only asked for four months, thinking this would be over by now and I would be employed full-time by now (not realizing how poor the job market was). On October 14th, 2010, the judge ordered $3,200 a month for four months, beginning on October 15th, 2010. He never paid even one month.
I am wondering if it is possible/allowable to ask that the spousal support orders be extended since he has delayed this case so long, and if I can do it concurrently with the Motion to Enforce? If so, do I simply draw up the form with blanks for her to sign if she grants it and take it with me to court? Do I need to file something now, requesting it be heard concurrently with the enforcement?
Thank you for any help you might provide.
1 Answer from Attorneys
You need to file a motion to modify the temporary orders (and serve it on Dad), and ask that it be set on March 29; otherwise, it isn't "before the court" and can't be ruled on.
And yes, you can bring an enforcement order to court with you. If you've never done one before, you probably won't do it right.