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retroactive support/amend divorce

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kattboxx70

Junior Member
undefinedWhat is the name of your state? texas

my husband and I separated january of 2002. i went to court and got a protective order in march of 2oo2 which also called for child support of 350 month for the next 2 years(the duration of the order ). the only payment he ever made was the first one. jump ahead 2 years, he wanted to get remarried and needed a divorce from me so he hired an attorney and had a divorce draft written up and they wanted me to sign off on it. i was afraid he was trying to get out of back child support so i went and hired an attorney to help me. he told me there was no way he could get out of owing back support. which i came to find out ,after i signed the final decree of divorce, is not true. i was told by the attorney generals office that if the back child support is not included in the divorce decree it is then up to the judge as to whether or not the prior order will be upheld. this is because a new order has been put in place. i immediately called my lawyer and explained this to him and he went back and tried to fix this error of omission.( we have 30 days form the day of the final divorce decree to amend it) fortunately we caught it in time ,but my ex will not agree to this amendment(big shock, right?!) so my lawyer goes to court yesterday to get it added without my exes agreement. i do not know the outcome yet. my lawyer is upset with me because when i received a new bill paying for his efforts to amend my divorce ,i explained to him that i did not think i should have to pay for his time to fix his error(after all, the reason why i went to him was because i was afraid of my ex trying to get out of back support, this was the first thing out of my mouth when i spoke with my lawyer). My ex is ordered to pay 400 a month starting in nov 1, 2004. i have received nothing, it is now the end of december. he wrote me an email telling me that if i go through with wanting back support he will get his lawyer to amend the divorce decree to his only paying 300 a month(which is about right considering he hasnt made much the last 2 years-this man used to be a mechanical engineer for 3m-he has chosen to take lowpaying jobs-if any-for whatever reason since our separation.) he offered 400 in the final decree, it was not set by the court. he also is threatening some sort of "proof" he paid me 5k during these last 2 years. there is no proof because that didnt happen. so if i go to get back supoort he is going to try to lower his child support. my question is can he do that. the decree was finalized on oct 29, 2004. the 30 days is past. BUT did my attempt to amend the decree change the 30 days? HELP ME, i am dealing with a deadbeat dad with more resources than me.
 


Phnx02

Member
Wow! What a dilemna! I'm not sure if there's any lawyers that reply to messages on this board, but I can tell you of another board that does.....which may be who you need to ask about this......www.prairielaw.com. They have a section just for Texas. Ares and Lynn are attorneys and reply to posted messages daily. Good luck!
 

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