Skip to main content

Can one appeal Final Div Decree because of child support order? If Motion to Set Aside Judgment is granted ask for payment?

Fort Worth, TX |

Judge signed Final decree of divorce 24 hours ago. My ex-spouse did not show up to court. He was ordered to pay child support of $800, which calculated %10 from his GI Bill and %10 from his wages. The State of Texas child support calculate %20 of income which would be $932 and I requested $800. He has now met with Jag (appointed legal for vets) to represent him for a Motion to Set Aside Order for Child Support and Divorce. Can this happen because he doesn’t want to pay the child support amount? If the motion to set aside judgment is granted can I go back and ask for half of the VA Loan?

I appreciate your responses and believe I should go with my gut-Find Attorney.

+ Read More

Attorney answers 4


He can file a motion. It sounds like he is asking for a new trial. Why would you ask for something now that you did not ask for originally? I'm not sure why you would want half of a loan.



VA Loan was an issue before; however, I did not request in black & white on a legal document to avoid getting an attorney. We agreed on CS on his full income and now that's an issue. So to answer your question the same reason why he originally agreed to something, but has now changed his mind about.



Loan is low interest, no down payment, and no PMI


"Can he"? Yes. He has 30 days to file a motion for new trial.

Do you have a lawyer? If not, you should get one. Appearing in court against a lawyer is a really bad idea.

I imagine the court will order him to pay guideline support. It is a little more complicated calculating wages for active duty military. As you know, there are a variety of allowances and pay that they receive. It takes some work to determine the income, and it is easier when you have some experience doing it.

Yes, if a new trial is granted, you can request additional relief too.

Again, I suggest you get a lawyer.

Good luck.


Go hire a lawyer. You need advice and counsel at this stage-- especially if he files a motion for new trial

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.


The jag will not represent him in a family court matter. It sounds like you have no clue what is going on and I would guess that your chances of success are slim to none, especially without an attorney. Even with an attorney you would need to show that an error was made, and there probably was not one. However there are some findings of fact that you can request if you do so immediately. This might be a way to lay the foundation for a motion for new trial or an appeal.

If you find this answer helpful, please click where indicated. If you find this is the best answer, please indicate this as well. Thank you. This is not legal advice and is provided for informational purposes only. NO attorney-client relationship or privilege is created, and none of this is confidential.



My Ex is asking for a new trial due to the child support order.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer