Can I be forced to take a ower settlement

What is the name of your state? Texas
My ex husband owes me money. I think he is trying to work out a settlement for much less than what the court currently says he owes. Can I be forced to take a lower settlement?

Callie7295 said:

What is the name of your state? Texas
My ex husband owes me money. I think he is trying to work out a settlement for much less than what the court currently says he owes. Can I be forced to take a lower settlement?

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Are you saying your ex owes child support arrears? How much? Unfortunately, many times a NCP can successfully argue a reduction or forgiveness altogether if the amount owed is very large. This is wrong, but can be done. You cannot be "forced" to accept this unless you agree or the courts order it anyways.

Can I be forced to take lower settlement

Texas
Here's the deal. We were divorced in 1983. I didn't ask for support so he didn't come to court. He assumed custody of one child, I assumed custody of the other. The judge ordered him to pay $200 even though he wasn't in attendance.After the judge explained his reasoning (his earning power far superior to mine) I understood and agreed with the decision. To make a long story short, he owes $42,000+ ... is now saying I let him off the hook (I didn't). When he divorced his second wife, she and I worked together to make sure she retained custody (she was a wonderful woman and I really liked her a lot). I couldn't take care of my other son because he is multiply handicapped and I tried but just couldn't. So we went back to court and she was made the managerial custodian. He was behind on support to her (about three years) when she died. I have now assumed legal guardianship of my other son. Anyway, he is just mad as hell. The truth is, he decided to be an airline pilot. Then quit. Went back to school. Lied and said he had custody of BOTH children (when he had neither) so he could up his grant money. I begged him to help pay support. I was working a full time job, a part time job, and delivering newspapers at 4:00 a.m. to make ends meet. Now he's making big bucks and still doesn't think he should have to pay. I don't think after all the drama and trauma I should be forced to take less than what he owes. I went without an awful lot to make sure my kids have what they need.

Your support case is 22 years old. With the help of a good attorney, he could argue that you lost your right to that money because you haven't pursued this case in the way that you should have. He could use "Laches" as his defense.

Also, if your state has a statute of limitations or did at the time of the order, he could get out of it.

No one can tell you what a judge will decide.

More....

Go here: http://ocse3.acf.dhhs.gov/ext/irg/sps/report.cfm?State=TX&CFID=366119&CFTOKEN=59894254#5

Read it all, especially the section on Statute of Limitations. Judgements can be renewed every 10 years but you have to press your rights in court to renew the judgement. I don't know whether your case was ever reduced to a judgement to begin with, so you should probably at least contact an attorney.

Can I be forced to take lower settlement

Texas.
Thanks for the replies. I think I unintentionally misled though ... I filed with the Attorney General's office in 1987. They have been pursuing this for me. They have garnished his wages (but then he quit his job); they intercepted a tax return and an inheritence already. They have filed all the papers to keep the case active even when my "child" turned 18. They have continued (with periodic prodding from me) their collection attempts. Their last successful attempt was two years ago when they intercepted an inheritance. My ex has made sporadic payments through the years ... the last (except for the inheritance) was three years ago when he told them that $200 was "rapacious" but the AG's office has never stopped trying to collect. They were finally able to serve him with papers and that's why we're headed to a hearing in front of a judge on April 7th.

I Won, but I lost

What is the name of your state? TEXAS
I won a judgement from a court in Texas last week for an arrearage over $40,000. Unfortunately, my ex showed up in court saying he is now a stay-at-home dad, is not married to the mother, has no income. The judge set a payback schedule of $128 a month. Does anyone know if I am entitled to take further action, i.e., a lien against any of his assets? The judge pointed out to him that at his current payback, he will not even be paying back the interest of 6% a year. He urged him, but did not order him, to increase the amount as soon as possible. Is this it? Is it over and I just get a $128 for the rest of my or his life?

Callie7295 said:

What is the name of your state? TEXAS
I won a judgement from a court in Texas last week for an arrearage over $40,000. Unfortunately, my ex showed up in court saying he is now a stay-at-home dad, is not married to the mother, has no income. The judge set a payback schedule of $128 a month. Does anyone know if I am entitled to take further action, i.e., a lien against any of his assets? The judge pointed out to him that at his current payback, he will not even be paying back the interest of 6% a year. He urged him, but did not order him, to increase the amount as soon as possible. Is this it? Is it over and I just get a $128 for the rest of my or his life?

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I'm not sure about your state , but in mine , if you were to file an abstract of Judgment , you could not try to enforce your order in other ways such as wage garnishments , Etc .

I'd take the 128 per month as long as he pays . It's better than nothing .

Probably someone familiar with TX . laws will come along and give you other advice .

Be aware though, that if he himself has no assets/savings, and this "settlement" is being offered by a third party (like a parent) who is not legally obligated to pay anything, THEY cannot be forced to pay unless the terms are acceptable to them. So, a non obligated party cannot, be forced to pay anything on ex's behalf, and may not be willing to pay anything at all unless the settlement terms are agreeable to them. Thus, if the money is not coming from him directly, it would be totally your choice whether to agree to what is offered or take the chance that you'd collect more later.