Legal Question in Family Law in Texas
My soon-to-be ex husband was able to file for our Divorce before me because he has an income and I couldn't afford to hire an attorney and file before he did... The Temporary orders for Child Support for our one and only daughter were signed by both of us and the Judge and now he is claiming that he is being demoted and will not have the same income, thus telling me that he needs to rewrite the orders that say he has to pay the $1,000 a month in Child Support to whatever he now can afford, saying he won't make as much money... I'm leaving him due to his Serial Cheating and Sex/Porn Addiction. We've been married almost ten years and he has had a salary of $6,800 per moth plus International bonuses... He can't prove he has been demoted and I don't believe his word. So I have two questions; can he just call and tell his Lawyer he can't pay that much anymore and have it changed just like that, though the Judge has and both of us have signed these Temporary Orders for our daughter?
Second, he is asking to push back the Hearing date that would make the Divorce final because he's on an Oil Rig somewhere in the World.... Does he have to be there for the finalization hearing when the Gavel comes down by the Judge, or can his Attorney represent him on that day and still keep the date of the Hearing on its original date on the day the Divorce becomes final?
Thank you for your time in this matter,
Sincerely,
Alison NIcole
2 Answers from Attorneys
It does not sound like you have an attorney. If you do, then talk to him/her.
If you would like to meet and talk about your case, I charge $1 per minute.
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If he agreed to pay $#### per month, then he is ordered to do that until the judge changes his ruling.
If there has been a trial date assigned, then if no one appears the divorce goes away. And, you would have to start over.
I think you would find meeting with me very helpful.
Based on what you have written, it appears that you do not have an attorney. If you currently have an attorney; then you need to speak with your attorney.
There appear to be multiple alternatives for you to consider when dealing with a soon-to-be-ex. If you have temporary orders in place, then those will generally stand until the final decree is entered by the Court unless there are some good basis for the change. Additionally, if you have a trial date and no one shows up to Court on that date, the Court generally will DWOP (dismiss for want of prosecution).
You really need to consider consulting (if not retaining) a local law firm to assist you with this legal issue. If my local law firm can assist you with this legal issue or any other legal matter, please contact us at [email protected] to arrange for an initial consultation.
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