Legal Question in Family Law in Texas
My ex wife has court order stating that she has full custody of my 2 children and I get every other weekend visitation. I am also ordered to pay child support. About 3 years ago, we entered in a verbal agreement that we share the kids 50/50 and I don't have to pay her child support. I still pay for all children's needs such as daycare, lunch money, school related items. I have them one week then they go to the mother another week. Now she is threatening to go back to court for back pay. Will the verbal agreement hold? She is the one who initially broke the agreements of the custody arrangements.
1 Answer from Attorneys
There are exceptions to every rule, and I think you found all of them.
Verbal agreements do not supercede court orders, and so would not be binding. On the other hand, when (if) she files for enforcement, your counterpleadings would present to the court the fully shared parenting and your contributions to the expenses. You will need proof.
Without a modification of the court order, you are still bound by it - and it would be in your interest to file for modification yourself.
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