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FamilyAttorney, Lawyer
Category: Family Law
Satisfied Customers: 1349
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I have a divorce decree that was finalized back in 2010. In

Customer Question

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: 8 months ago.
Category: Family Law
Expert:  FamilyAttorney replied 8 months ago.

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.

Expert:  FamilyAttorney replied 8 months 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.

Expert:  FamilyAttorney replied 8 months ago.

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

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.

Expert:  FamilyAttorney replied 8 months 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?

Expert:  FamilyAttorney replied 8 months 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.

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Feel free to come back here for a follow-up question based on this one.
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Thanks for letting me help you tonight!

Expert:  FamilyAttorney replied 8 months 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!


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