Legal Question in Family Law in Texas

My ex sued me over a year ago for child custody in Dallas County, TX. I filed a general denial of his claims a week after I was served. He has since not followed up with any further paperwork and we have not been to court. It is my understanding that he did this to get out of paying his back child support and he has no intentions of bringing this to court- that he only did this to throw me off of my pursuit of child support. I know I had a deadline to file my general denial so a default judgment was not made against me so my question is, is there a deadline for his answer to my general denial and can I simply fill out some sort of paperwork to have this case thrown out and not used against me later when he stops paying child support again.


Asked on 3/07/12, 1:32 pm

2 Answers from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

Actually, he wouldn't normally file anything at all in response to a generl denial. If there aren't any pretrial motions involved (for discovery, etc.), the next logical step would be for him to request a hearing be set. Since he filed this, it's his duty to follow through with it. If he doesn't, at some point the court will notify him that unless something happens withhis case by a certain date, the court's going to dismiss it for want of prosecution. Waiting for that to happen would be the passive approach to this, and probably the most logical thing to do if you don't have an attorney, don't plan to get an attorney, and aren't interested in making counterclaims of your own. If on the other hand any of those three things are not true, there are more aggressive ways to deal with the situation which might have some advantages for you. I would not feel comfortable recommending someone go that route without an attorney, though.

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Answered on 3/07/12, 4:50 pm
Mark Dunn Mark D. Dunn

Don't worry about his lawsuit. Don't worry about getting it "thrown out."

His filing of a lawsuit doesn't have anything to do with his duty to pay court-ordered child support. Unless the child support order has been modified, the duty continues, no matter what he files in the courts.

He doesn't have to "answer" a general denial.

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Answered on 3/07/12, 4:51 pm


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