I just got done filing for divorce on March 16,2011. I was working overseas with military and when I came back my spouse wanted primary custody of my 5 year old and 2 year old boys, too avoid all the lawayer fees and headaches I agreed to give him primary custody. My ex had 100,000 in debts and none of the loans were in my name they were all in his name and I was willing to give him all the furniture everything, to avoid getting the debt he kept threatening me that if I didn't agree to giving him primary custody,furniture and the car he would give me half of his debt and my lawyer disgreed telling me that the loans are all in his name the court won't give you his debt because in Texas there is debt to husband and debt to wife law, I was scared and didn't listen to my lawyer so I agreed to everything he said and he also requested I give him 15,000. 7,500 by 04/01/11 and the other half 6 months later. 2 days ago my ex who is an fbi agent was arrested because fbi found out he was married to a 15 year old girl in Louisisana by religion law not by court so now I have the kids. What is the best thing for me to do now?? Do I have to pay him which he keeps calling me from jail demanding I pay the money to his brother? what are my rights can I now file for sole custody and not pay him a penny and not get his debt? or do I have to pay him and than get a lawyer please give me the best advise.
State/Country relating to question: Texas
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You must comply with any court order that exists. If your separation agreement is not completely signed and filed you can try to renegotiate the terms and you can wait to make the payments. Once the order is made, your chances of changing the terms are very small and you are obligated to the terms in the agreement..
You should immediately file for sole custody of the Children and/or modification of the child support obligation. As long as the order to pay support remains you are responsible to pay the funds. The court can make the effective date of the modification as early as your filing date for the modification.
As far as debt, Texas is a Community Property state which means that assets and liabilities incurred during marriage for the most part are split between the parties. If the debt was incurred prior to marriage then it remains with the party incurring the debt. A judge can decide to allocate the liabilities unevenly if he determines one party squandered the assets. Your divorce decree will outline the debt to husband, and debt to spouse as the court allocates the debt. You need to be aware that your divorce decree is not binding on creditors, and even debt given to your spouse if community debt can cause them to try to collect from you.
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OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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