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I have a divorce decree that was finalized back in 2010. In

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this decree my ex husband...
I have a divorce decree that was finalized back in 2010. In this decree my ex husband had a substantial amount of stock in a company that he worked for in the past. Instead of splitting it 50:50 he suggested we split it 3 ways. Myself, him and our son to receive equal amounts. He said he would put in a trust but never did. Also, there was a supposedly 2nd payout (the company is private so I have no visibility on this) this past summer and I did not receive that monies either. Now, I fear that he has spent all of my son's money and the 2nd payout money. Plus, I need to change the 50:50 custody to me having sole custody and him having weekends and every other big holiday. How do I go about amending a divorce decree in the state of Texas? And also add child support. That was a 'gentlemen's agreement' and he has not paid for over 9 months.
Submitted: 1 year ago.Category: Family Law
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10/28/2016
Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago
FamilyAttorney
Category: Family Law
Satisfied Customers: 1,537
Experience: Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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Hello and thanks for using Just Answer. I’m a licensed attorney with 36 years’ experience in family law, appeals, landlord-tenant, and other types of law. I look forward to helping you today.

Please note:This is general information and not legal advice. No specific course of action is proposed, and no attorney-client relationship is formed. This is for educational purposes only.

Also – I will be typing my answer for you so I’ll be back in a few minutes.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

You can modify a divorce agreement or order with a Petition to Modify. You file it in the clerks' office where your original orders were filed.

You may have to show a change in circumstances, such as you want sole custody because you believe your current arrangement is not working, or for whatever reason. You can ask for everything you're asking for here -- child support, sole custody, the stock in the company and an accounting to show what happened to it.

You are better off doing this with a lawyer but you can do it without a lawyer if you have to.

I can find lawyers for you in TX if you let me know what big city you are near. I'm more than happy to help you.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Here's a good summary of what needs to be done and how it's done in a post-divorce case.

http://texaslawhelp.org/files/685e99a9-a3eb-6584-ca74-137e0474ae2c/attachments/1a742dc1-f1a5-445a-b50c-2e0af1f90cb0/mod_kit_revised.pdf

This should help you with a lot of your issues about procedure.

Just let me know if you want me to look for lawyers for you.

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

This link shows that there are many situations which can be modified, but I don't know how old the order is. You can see where your situation fits in there.

Your order is not recent so you would have to show a material or substantial change in circumstances.

Modifications are done all the time with a lot of success.

Does this answer your question or do you need more information?

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

You will file the petition and then you will have to have the other party served. You can't serve the other party yourself.

Do you have any additional questions?

I have been practicing law for 36 years and I answer questions for TX all the time. I'm happy to answer additional questions that you may have or explain anything you need to have explained. I want to help you.

Please let me know if you have any more questions as I am happy to answer them.

Please accept my answer, rate my answer as one of the top three faces/stars (5, 4 or 3 stars) and then submit, as this is how I get credit for my time with you and with your question. I work hard to give you a thorough and honest answer. Please let me know if there is more that I can do to answer your question and if you need more information such as where to find a lawyer. If not, I thank you for your rating. I can’t get credit for answering your question without your fair and honest rating.

Feel free to come back here for a follow-up question based on this one.
You're welcome to ask follow-up questions at any time, any day after I'm rated. Thanks so much!

A follow-up question is free if it is based on this one, while a new question would need a new post. Also you may make a copy of this transcript so you know what to do.

We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work. Thank you!

Thanks for letting me help you tonight!

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Family Lawyer: FamilyAttorney, Lawyer replied 1 year ago

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you or if there is any more information that you need. Thanks!

NYFamilyLawyer

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