How can I enforce a term of my divorce?
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How can I enforce a term of my divorce?
My ex-husband was ordered to provide health insurance for our kids but he has not done so. For a time he paid extra on my child support payment to cover what I paid for their insurance. He never notified the OAG so the payment center sees the extra money as credit on my child support. Since I discovered this he has stopped paying extra for insurance and has even missed 2 support payments but the OAG can’t enforce that. I have letters from his former attorney stating what the extra money was for and OAG was trying to change the order but so far we haven’t been able to.I can’t afford an attorney, so what do I do to enforce my divorce?
Asked on May 29, 2011 under Family Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can go back to court to have the terms of your divorce decree enforced. You can represent yourself. You will need to file an Order to Show Cause (OSC), a form that you can obtain from the court. File the OSC with a declaration signed under penalty of perjury stating the specific facts you have mentioned here regarding your husband's noncompliance with the terms of your divorce decree. File the OSC, your declaration under penalty of perjury and attach a proof of service. When you file the OSC, the court will set a date for a hearing on these issues. The proof of service you attach to the documents you file with the court just verifies the date of mailing to your ex-husband. You can use a court form proof of service or you can write your own. If you write your own proof of service, it just says that you are over 18 and the attached documents was/were sent via first class mail unless specified otherwise to __________ (name and address of your ex-husband) on _________ (date). You sign and date the proof of service at the bottom under penalty of perjury. The date you sign should be the same date stated as the mailing date and the same date you file it with the court.
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