What should I do regarding a motion to enforce VS threat of modification suit? 1 Answers as of July 18, 2011My ex-wife and I were divorced nearly three years ago. While there was a child involved, no child support was requested by my ex-wife or ordered by the judge presiding. I had met my ex-wife after she had gotten pregnant and before her daughter was born. In essence, I had adopted her daughter at the hospital by volunteering myself as the little girl's father. I do feel as if I am that little girl's daddy even if I am not her father. I believe my ex-wife realized it would be morally wrong for her to ask me to support a child that was not mine. I complied with all aspects of the final decree before it was even signed by the judge. This included providing my ex-wife $10,000 in cash, paying off the remainder of her Ford Expedition (nearly $15,000) and some other minor tasks. However, my ex-wife has not completed all of her tasks. She was "awarded" possession of a home that I had bought for her and her daughter when we were separated and BEFORE she filed for divorce. The final decree stated she would be awarded possession of the property, but she would refinance it into her name "as soon as she was able." Until then the decree dictated she would make the note payment to me and I would continue to pay on the note that is in my name alone. It's now three years later, she's missed making her payment on multiple months (probably as many as six) and I am no longer to accept her not living up to her half of the decree. She is now threatening me to "re-open" things presumably to go after assets she "left alone" in the initial proceedings. How easy or difficult would it be for her to file a modification suit against me to "re-open" the case? It seems to me the court would have to find in my favor, but I'd like your opinion. I realize I'll likely need representation no matter what the answer. Thanks!
Reeves Law Firm, P.C. | Roy L. Reeves
First, you are a better man than many for taking care of this little girl. So I want to applaud your actions there. I also want to advise you that there is a new law, taking affect on September 1, 2011 that should you ever want or need, you can still deny paternity. The state of the law today is that you were adjudicated the father and did not challenge, so you are bound, but the new law gives you one possible out should you ever need it. Now, as for re-opening the divorce, that is next to impossible. The assets she did not go after, as she put it, were they known? As long as you did not hide them, she made a deal and the deal is done. She cannot simply reopen and go after something she intentionally left off the table before. ON the house, did she give you a deed of trust to secure assumption? If so, use that and foreclose. You other option is to file a Motion to enforce.
Answer Applies to: Texas