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  1. #1

    Default Unfillment of Terms in a Divorce Decree

    My question involves a marriage in the state of: Texas.

    My ex took all the family pictures without my knowledge when he moved out. In the decree he was supposed to return the pictures or a copy of the pictures, he was supposed to transfer half of all his miles from one program over to me. He also was supposed to maintain life insurance for the children as well as pay half of the medical bills. He refuses to do all of this. I still owe him a sum from my 401k but had not transferred it because I knew I would have no recourse on the other items if I did. He has not seen the kids in almost a year because of his drug and alcohol habit and my concern is for their baby pictures. He has also moved out of state. He does pay the small child support sum- that was based on minimum wage because he lost his job before we separated. He is now suing me for the 4k from from my 401k. He served me and is also suing me for his legal costs. Before that I had not been contacted at all about the transfer of funds. According to my lawyer they were contacted once and responded that he did not fulfill his obligations. I can't afford my lawyer at this point. What are my options? Does his lack of fullfillment make the agreement null and void? Can I fight this on my own without a lawyer? Any advice would be greatly appreciated!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Unfillment of Terms in a Divorce Decree

    His violation of the order does not justify yours. You are free to bring your own motion for enforcement of the judgment independent of or in response to his. It would be advisable for you to have a lawyer assist you. We're not in a position to tell you if you are capable of representing yourself in this manner, but my impression is that it would be at best a struggle.

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