Legal Question in Family Law in Texas
I have a mediated settlement with my ex that was done for modifications to the original decree ~4 years after the divorce. Note that I am not required to pay any child support nor alimony (I have primary custody and my ex makes more than I do). She came very close to walking out on mediation because she wanted me to agree to pay for half of the monthly cost of one of my daughter's activities. She�s told me that she doesn�t plan to ask for the money since I�m paying fully for my son�s sports. The inconsistency is that whenever she feels like she isn�t getting what she wants regarding other issues, she tries to use this activity expense as leverage to get me to do whatever she wants. Since she has chosen not to pursue the expense reimbursement, thereby not following the mediated settlement, does this in anyway invalidate the enforceability of the activities clause? I believe that leverage was the only reason she pushed for this clause. What would a judge say?
1 Answer from Attorneys
Am not sure that I follow this explanation completely, but I will say that a judge will probably say that provided there was no coercion, fraud or deception, a binding mediated settlement agreement will be enforced by the court. There are exceptions, but very very few.
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