Legal Question in Family Law in Texas
Order to terminate withholdings
If my husband and his ex-wife agree and request to terminate the original order is withholdings because my husband has paid her in full and in fact overpaid her, why does it say ''Relief Not Granted'' It is ordered that all relief requested in the case and not expressly granted is denied''? If they agreeing to terminate, should it say ''Relief Granted''? Will this keep my husband from filing to get back what he overpaid?
2 Answers from Attorneys
Re: Order to terminate withholdings
The "relief not granted" clause is common in Texas orders. It is usually at the end of the order and follows all the provisions that do grant relief. In other words, all the language before the "relief not granted" line probably starts with "it is ordered ..." - those are the things that the court is granting. The "relief not granted" clause means that the court is not entering any orders other than the ones specifically stated as being granted.
Re: Order to terminate withholdings
To protect himself and achieve what he wants, your husband really needs to find himself a good family law attorney to at least review the underlying Order or Decree. Sounds like there is a lot of confusion about how to do what he wants.
If he wants to talk, have him call my office for an appointment. I do not charge for initial consultations.
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