Legal Question in Family Law in Texas

Judge Modified Final Decree

My ex husband filed for divorce. Documents included the Petition; Waiver of Service; Marital Settlement Agreement and the Decree. I agreed if I could change back to my maiden name & signed the Agreement & Waiver before a notary. But when I received a copy of the final decree, the judge had marked through the paragraph changing my name & approved the decree. I later realized that the documents I signed did not include the name change so I called the clerk but she could not explain.

1-Can a judge legally alter a document previously agreed to without question?

2-What is the best way to legally change back to my maiden name now: amend the decree or file for a name change. If so will I have problems with an altered document?

3-Can we receive back child support for a child that was a minor during the separation? Timeline: separated 12/00; minor turned 18-5/02; Petition filed 12/01; signed Settlement/Waiver 6/02; Decree filed 7/02. My ex filed for Chapter 7, 4/02 before the final divorce. He claimed $300/mo child support but it is not true. Occasionally gave the children $50 but lives in a $170k house.


Asked on 10/23/03, 1:20 am

1 Answer from Attorneys
Fran Brochstein Attorney & Mediator

Re: Judge Modified Final Decree

1. Yes.

2. You can do a name change.

3. If the decree has been finalized and from your statement it sounds like the judge signed it in July 2002. If so, it's too late to go back and get retro child support. The court loses jurisdiction over the Final decree of Divorce after 30 days so it is now a final order.

4. If your ex is in contempt on unpaid child support, then you can file contempt on him and try to get paid the money you are owed.

I hope this helps!

Fran Brochstein

www.familylaw4u.com

713-847-6000

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Answered on 10/23/03, 4:28 pm


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