Legal Question in Family Law in Texas
my ex husband is taking me to court in oct for a $2000 judgment that i told him i would start paying on 10/1/11, but i did not know he had already filed papers. I received them in the mail today. I live in Tx, and he resides in KS, where i would have to travel. He knows that I am not due to come up there and see our children until Nov, 2011. Can I reset the court date, which is 10/21/11 and if so, how? What can I do? He is trying to break me financially and spiritually! He's just a bitter old man! He has the kids, and $663 judgment for child support!
1 Answer from Attorneys
You'll need to consult with a KS attorney. If the suit is being brought by the KS attorney general, you can probably arrange for a continuance easily enough. If the suit is being brought by a private attorney, you will need to (a) hire your own attorney up there; and (b) file a motion for continuance.
Your very best bet is just to pay off the entire arrearage. Borrow the money from credit cards, home equity, family members, 401(K)--wherever you have to. A $2000 arrearage is nothing compared to the cost of a lawsuit dealing with it. If you can pay off the arrearage, there is nothing to fight over--except he may still seek attorney's fees.
Good luck!!
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