Modification of Divorce?

[norma41]

What is the name of your state? tx

Its been 2 yrs. Can I have my divorce modified. original divorce judge said certain things but on divorce decree its been altered by my lawyer and his . i initialed it only cause i didnt understand-my lawyer rushed me and made me feel like i had to. and my spouse is not paying child support each month nor did he pay the bills he was suppose to.

 

[Boxcarbill]

Child support, visitation and custody can be modified. Failure to abide by the terms of child support and visitation are enforceable by contempt. Divorce, division and debt and property cannot be modified. The court can clarify and an order but the court cannot make substantives changes in the divorce decree. From the Teas Family Code.

§ 9.007. Limitation on Power of Court to Enforce


(a) A court may not amend, modify, alter, or change the division of property made or approved in the decree of divorce or annulment. An order to enforce the division is limited to an order to assist in the implementation of or to clarify the prior order and may not alter or change the substantive division of property.


(b) An order under this section that amends, modifies, alters, or changes the actual, substantive division of property made or approved in a final decree of divorce or annulment is beyond the power of the divorce court and is unenforceable.


(c) The power of the court to render further orders to assist in the implementation of or to clarify the property division is abated while an appellate proceeding is pending.


Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.



As to debt to creditors, these are not enforceable by contempt. Debts to creditors are in the nature of a debt and unless funds to pay the debt were in existence at the time of the divorce and the judge ordered that it was from these designated funds that the debt was to be paid, failure to pay the debt is not enforceable by contempt. We abolished debtor prisons. I have written on "debts after divorce" until I'm sick of the subject. So at the bottom right hand side of the screen, there is a window and above the window is written "search this forum." Type in "debts after divorce" into the window and hit go. Then read the threads on the subject.

 

[norma41]

modify a divorce

state - tx
the third trial of the divorce was quick. i dont think the judge new of the changes. first divorce was written that I shall remain in house till it is sold. title of house and land was only in my husbands name. it was not sold it was repoed. a year later i dont think judge knew of the change the lawyers did but they said that wife will be responsible for house and land taxes and all that goes with it. it was already repoed when they made these changes. i only worked the last year of our marriage and did not feel that was fair that i would be responsible for all. my lawyer didnt explain much to me and therefore i signed.
i want my ex to pay up on his past child support and would like to know about this tax issue.
norma

 

[Boxcarbill]

Re: modify a divorce

state - tx
the third trial of the divorce was quick. i dont think the judge new of the changes. first divorce was written that I shall remain in house till it is sold. title of house and land was only in my husbands name. it was not sold it was repoed. a year later i dont think judge knew of the change the lawyers did but they said that wife will be responsible for house and land taxes and all that goes with it. it was already repoed when they made these changes. i only worked the last year of our marriage and did not feel that was fair that i would be responsible for all. my lawyer didnt explain much to me and therefore i signed.
i want my ex to pay up on his past child support and would like to know about this tax issue.
norma

I'm sorry but I have no idea what you are talking about. I guessed at the first post and threw in everything that I could imagine that you may be asking but I was more or less throwing out information that I thought was applicable. I don't know whether there is a language barrier or what the problem is. There is no such thing as a "third divorce" unless there was three marriages to either the same person or to three different persons. Now, you may be thinking of the hearing on temporary orders and the final hearing but that is only two hearing. I don't know what you mean by "reopened." If you can state the facts more clearly and then ask your question clearly, I will probably be able to answer it but I'm not going to guess any more.

 

[norma41]

texas

sorry for not speaking clearly as I didnt understand the proceedings. i guess im talking of the final hearing. although we were divorced on the first. the third time we went to court was the final one.. the one i didn't understand. when i read the papers i was confused. it states that i am responsible for the house/land taxes etc.. even though the house was already repossed before this hearing. the first time we went to court judge award me custody of the 4 children and that the house was to be sold. house couldn't be sold.. he owed too much on it. house and land was all in his name. after it was repoed is when ex took me to court for custody of the oldest child and had divorce property rewritten. hope that is understandable for you. the best i can do.

 

[Boxcarbill]

Since the house was repossessed, the property taxes are irrelevant. The house is no longer an issue. Regarding modifications, go back and read my other post. If you want him to pay the child support, then contact the attorney general's office, child support enforcement division, and have them represent you on an enforcement of child support or hire a private attorney to file enforcement. The attorney general's office will take a lifetime to file the case but they are free so they have more cases than they have attorneys to file the cases. If you want fast results hire a private attorney but expect to pay them.

 

[VeronicaGia]

BCBill, I'm asking this just for my information.

Since the terms of the divorce were that she was to make the house payments, taxes, etc., and she did not abide by that court order (obviously, since the house was reposessed), can he in fact ask that she be held in contempt of court? Or, since the house was already repossessed when the final order was written, could she use that as a defense?

 

[Boxcarbill]

BCBill, I'm asking this just for my information.

Since the terms of the divorce were that she was to make the house payments, taxes, etc., and she did not abide by that court order (obviously, since the house was reposessed), can he in fact ask that she be held in contempt of court? Or, since the house was already repossessed when the final order was written, could she use that as a defense?

No. That is in the nature of a debt. See my first post.

 

[VeronicaGia]

Thank you

Sorry, I thought I read your response thoroughly, but now realize I did not.