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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25387
Experience:  Practicing family law attorney
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I was divorced in 2006 - in Texas - At the time of divorce,

Customer Question

I was divorced in 2006 - in Texas - At the time of divorce, the divorce decree included a payment of $10,000.00 to my ex husband after 1 year of divorce - if I dont pay, he may charge an interest and he has lien on my house that is my homstead property. During one year period after divorce, I lost my job of 24 years and remained unemployed for 2 years due to economic dowturn and right now working at minimum wages. My circumstances do not permit to pay the amount in full. I offered him a setllement on $3000 payable in 3 installments and he refused. Now he is in the process of filing of enforcement petition including contempt of court against me and demanding money with interest and attorney's fee. My economic condition is so bad that I cannot afford an attorney and cannot pay the amount. Is it possible to get a modification of divorce decree or what other options do I have. I really need help.
Submitted: 7 years ago.
Category: Family Law
Expert:  legaleagle replied 7 years ago.
Yes you can ask the court to modify the original order due to a change in circumstances.
Customer: replied 7 years ago.
Is there a legal reference and what are the requirement - can I file for pro bono for modification as I cannot afford an attorney.
Expert:  lwpat replied 7 years ago.
I assume that you have not been served with anything. As such you need to file a petition on your own in the same court for a modification. However the previous expert may be incorrect in that it may not be modifiable. It appears that this was a property settlement and those are not modifiable except that you may be able to ask the court for more time to pay. Here it appears that his sole remedy is to charge interest and to place a lien, not charge you with contempt. Either way go ahead and file a petition with the court. You can file on your own, it is pro se, not pro bono but it is much more difficult without an attorney. Here is the Texas self help site