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Why is a motion to consolidate needed if child support case and divorce is filed in the same court and county? (330th) Dallas

Irving, TX |

My decree was denied because the Attorney General's office had to approve all orders and decrees and a motion to consolidate needs to be filed. The OAG filed an answer to the divorce recently, and I was wondering about the motion to consolidate. Is that something I can file (doing divorce on my own) or does the OAG need to file that? If I am able to file, where can I get the paperwork?

Attorney Answers 3


  1. A motion to consolidate needs to be filed in order for your divorce and your child support orders to be decided concurrently. The court wants to make sure that the children of your marriage are provided for at the time of your divorce and not as an afterthought. Since the court has jurisdiction over everyone and their property in your case right now, it is most efficient for the court to consolidate all of your cases concerning related subject matter. This also saves everyone the trouble of multiple court appearances when one is sufficient.

    Any party to the suit can file the motion to consolidate. You can search online for a sample Motion to Consolidate, there are online legal document vendors or your local law library may have a collection of Family Law forms. You may be able to pay an attorney to draw one up for you without representing you in the rest of your case. Many legal forms aren't already printed for you to go pick up, fill out and file.


  2. It sounds like your child support case was opened before the divorce was filed. Your divorce decree was probably not signed because the OAG is a necessary party since they were involved with child support before. It sounds like you are needing the Assistant AG to sign off in agreement with your proposed decree.

    Good luck,
    Eric Gruetzner
    www.ericgruetzner.com


  3. You could try to get the AG to file a motion to consolidate. However, it might be quicker to have a local attorney draft it for you.

    By consolidating the cases, the court can hear all the issues at one time. It will make it more convenient for everyone in the long run.