Legal Question in Family Law in Texas

non-compliance with divorce

MY children have not recieved dental care since our

divorce in 2000, I have paid my child support for the

years since my divorce, I am not informed about any of

the school or activities of my children from my ex

spouse,I do not recieve the court ordered rpartial

retirement from my ex, In short terms I follow the divorce

and my x does seem to have to ... what can I do?


Asked on 11/06/02, 12:15 pm

1 Answer from Attorneys

Bob Leonard Bob Leonard Law Group, PLLC

Re: non-compliance with divorce

We hear this constantly. You can only be assured that she will follow the decree if you are willing to enforce it. That means that you need to go back to court to have her held in contempt for not following the decree.

Failure to provide dental care is neglect. A court will fix that, but might give you more responsibility over it. If the child does not have dental insurance, you should consider it. The decree may require it.

As to the school activities, each parent is typically required to inform the other parent of "significant information concerning the health, education, and welfare of the child". Is that language in your decree? If not, then you might want to consider adding it in any modification that you might request. Usually, though, it is up to both parents to contact and deal with the school and other institutions that the child attends. Most are used to that and will cooperate with you, especially if they view you as a reasponable person. One hint: Don't go in complaining about your ex; that will usually make them want to avoid dealing with you.

You might not be eligible to receive the retirement benefits yet. Frequently, neither party can obtain those until the spouse reached retirement age. You need to read the Qualified Domestic Relations Order that you likely received and possibly talk to the retirement administrator.

Generally, you must file to enforce a tangible personal property claim within two years of the divorce or the suit is barred, but that sometimes depends upon the circumstances.

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Answered on 11/06/02, 12:53 pm


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