Am going thru a divorce -opposing party has offerred a settlement to case that is impossible for me to agree with-what can I do

Asked almost 3 years ago - Dallas, TX

divorce is going on for 9 months already. I have given everything to soon to be x spouse, I pay Child Support (CS) above the amount Texas law states I have to pay. My child's needs are most important to me.

have given her the house, all material possessions, I have nothing except few personal possessions, live in apt close to the house to be near my child. am unemployed for last 6 mths.

her settlement offer states CS plus additional amts for two years. It was not stated what for. soon to be ex has physically abused me, demolished my cherished personal possessions, threatened me with harmful object while my child was home.

is impossible for me to pay her that extra amt, I don' have it. what can I do against that?
She works FT. am pro se, no money for lawyer

Attorney answers (3)

  1. Thomas James Daley

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    1

    Answered . First of all: Do not sign anything you don't 100% agree with. You don't have to do that. Worst case, just set your divorce for trial and let the judge decide. Sounds like you would get a better deal.

    Second: If your spouse has any money in the bank, you are likely to be able to get the court to order her to pay your interim attorneys fees. It's still community money, after all. And you need a lawyer.

    Third: If you don't think you can afford an attorney, either visit the Dallas Volunteer Attorney Program (DVAP) offices and see if they can get you a free attorney OR call the Texas Legal Services Center (www.tlsc.org) so that they can refer you to a good attorney who will take your case at a substantial discount.

    Don't agree to pay any more than guideline child support. You will just sign yourself up for a lifetime of enforcement problems.

    Good luck!!

  2. Leah Marie Roberts Harbour

    Pro

    Contributor Level 7

    Answered . It sounds like what you are describing is spousal support. Texas is not an alimony state but the legislature has alloted a provision that would allow for a spouse (given that they meet certain elements) to ask for spousal support for up to 3 years. You would need to have been married for ten or more years and your spouse would have to meet certain considerations by the Court. The Court would consider things such as length of your marriage, if there is any significant discrepancy in earning capacity, education level etc. Obviously if you are not in agreement with what she is requesting then you certainly do not have to sign the propsed order. It is likely that you would need to seek representation in this divorce action. Particularly with regard to the child support and division of the marital estate. I wish you the best of luck and hope this helps.

  3. Dana Joseph Stewart

    Contributor Level 10

    Answered . I agree with both responses above. Do not sign the agreement, especially if you know that you cannot live up to the terms. You are only setting yourself up for future issues. In addition to places Mr. Daley stated, you can also try Legal Aid of Northwest Texas www.lanwt.org. You need to get an attorney - the decisions you make now with respect to the terms of the divorce can haunt you for years to come. Best of luck.

    This answer is intended for informational and educational purposes only and should not be considered legal advice... more

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