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Motion to Modify and Motion to Enforce

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cait

Junior Member
What is the name of your state (only U.S. law)?
The Woodlands, TX

My ex-husband has not complied with 16 things as stated in our final decree. The biggest of these is not carrying insurance for our son who has asthma and allergies. Also, changing his residence and employment and not giving me notice of the change. He complies with nothing. I currently live in The Woodlands, he lives in San Antonio. I have already had to have over $1000 of work done on my truck going back and forth between the two cities. The possession oreder is week on/week off. Our son needs to be in pre-school this year. As possession stands that is going to disrupt his education. With the 16 things my ex is not compling with, I want to change things for the wellbeing of my son. However, I cannot pay an attorney. I cannot wait on legal aid. If my son runs out of medication and has no insurance I have to come up with $400 out of pocket with no help from his father with the cost. What can I do?? Can I file my own motions and take all my proof to the judge and say "I need help and I can't afford an attorney". What does someone do when they have no money and the other party could clearly be held in contempt if not fined and jailed because they are not compling???
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)?
The Woodlands, TX

My ex-husband has not complied with 16 things as stated in our final decree. The biggest of these is not carrying insurance for our son who has asthma and allergies. Also, changing his residence and employment and not giving me notice of the change. He complies with nothing. I currently live in The Woodlands, he lives in San Antonio. I have already had to have over $1000 of work done on my truck going back and forth between the two cities. The possession oreder is week on/week off. Our son needs to be in pre-school this year. As possession stands that is going to disrupt his education. With the 16 things my ex is not compling with, I want to change things for the wellbeing of my son. However, I cannot pay an attorney. I cannot wait on legal aid. If my son runs out of medication and has no insurance I have to come up with $400 out of pocket with no help from his father with the cost. What can I do?? Can I file my own motions and take all my proof to the judge and say "I need help and I can't afford an attorney". What does someone do when they have no money and the other party could clearly be held in contempt if not fined and jailed because they are not compling???
Re the bolded, the person studies the laws, studies the procedures and rules for their county, and represents themself in court. So yes, you file your own motions and take your proof to court.

Is that the best solution? In many cases not. However, that is better than doing nothing at all.

However, I will tell you that because preschool is NOT required, you are not going to get a change in the parenting schedule due to preschool. That will not happen until school becomes required, and then it may be a toss up as to who ends up with primary parenting...depending on the overall circumstances.
 

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