If my ex-husband has defaulted on conditions in a divorce decree dated over twenty years ago, what recourse do I have?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my ex-husband has defaulted on conditions in a divorce decree dated over twenty years ago, what recourse do I have?

In the decree, he was to have paid for our children’s college education, which includes room and board. My daughter chose to live with me one year while attending college, and my ex still has not reimbursed me for her room and board.

Asked on August 10, 2015 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would need to file a petition to enforce the decree.  In the petition, you'll need to identify what part of the final decree you are seeking to enforce and what remedy you are seeking.  Your ex- will then need to be served with petition.  Before you file, however, I would suggest having an attorney look over the decree for the enforceability of it at this juncture.  If the term "room and board" can be interpreted only as on campus room and board, then you may have an intertation issue.  Your second issue will be statute of limitations.  If it's been over twenty years ago-- your time for seeking enforcement may have expired... so consult with an attorney before you jump into a lawsuit with a built in defense.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You would need to file a petition to enforce the decree.  In the petition, you'll need to identify what part of the final decree you are seeking to enforce and what remedy you are seeking.  Your ex- will then need to be served with petition.  Before you file, however, I would suggest having an attorney look over the decree for the enforceability of it at this juncture.  If the term "room and board" can be interpreted only as on campus room and board, then you may have an intertation issue.  Your second issue will be statute of limitations.  If it's been over twenty years ago-- your time for seeking enforcement may have expired... so consult with an attorney before you jump into a lawsuit with a built in defense.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption