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Can a morality clause be removed from a decree if the non-custodial parent hasn't abided by other items since the divorce?

Austin, TX |

I divorced my ex-husband over three years ago. At the time, he included a morality clause in the decree. Less than six weeks after our divorce was final, he married a woman with four children. They have since had one more and another is on the way.

We originally divorced because he would not quit drinking (among other things) and I didn't want my children to witness it any longer. My children (11 & 8) advise that he still drinks. He is also more than $5500 in arrears for CS. He can afford to take his new family to Colorado on a rented motor coach, however. Is there any way that our decree can be modified to remove the morality clause? I have no plans yet, but at some point I may want to. I don't understand how he can continue to control our situation if he doesn't abide.

Attorney Answers 2

Posted

You really should consult a family lawyer in person about this. First, $5500 in arrears in child support is really quite a large sum. You can hire a lawyer to chase that for you. You could also contact the Texas Attorney General's child support enforcement office in your area and complain to them. They have been chasing down non paying parents for many years. But, the morality clause you need to discuss with a family lawyer who can look at it and the entire divorce decree. Generally speaking, you can file a motion to modilfy the clause. Maybe granted, maybe not. Maybe even agreed to. Speak with a family lawyer about the details of your situation and for advice on how to proceed.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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Posted

The morality clause needs to be reviewed by an attorney to determine the scope. Normally remarriage by a former spouse would not violate a morality clause. Morality clauses are normally use to prevent a spouse from living with an unrelated individual with whom they have an intimate relationship.

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