Legal Question in Family Law in Texas

2 years ago my divorce was final and from that I was awarded C.S. and my Ex was supposed to purchase a home for me and my kids, he has not house and not paid his C.S. on time at all. Also, the kids were ordered to go to a certain school by the judge in an area in which i cannot afford to live anymore, i need to move closer to my parents so i can get a job and have someone to watch them befofe and after school. Would it be ok for me to move and enroll my kids in a different school?

Asked on 2/10/11, 10:51 am

1 Answer from Attorneys

Thomas Daley Power Daley PLLC

It is not OK for you to do anything that is contrary to the Court's order. You raise a number of issues:

(1) Child Support in Arrears: File a motion to enforce child support and ask for jail time.

(2) No house purchased: File a motion to enforce the property division in your decree.

(3) Live closer to parents: If your parents live outside of the geographical restriction (if any) incorporated into your final decree, ask the court to modify the the parent child relationship and allow you to move, citing items (1) and (2) as your basis for needing to move. This might be tough if dad exercises all of his visitation.

(4) Neighborhood too expensive: If you can't get relief on (3), ask the court to allow you to move to any school district located within the geographic restriction (if any) specified in your final decree.

You will definitely want to consult with a good family law attorney prior to embarking on any of these. Modifications can be comlicated. Please invest in a consultation with a local family law attorney. Good luck!

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Answered on 2/10/11, 5:40 pm

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