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View Full Version : How to sue self-employed ex for his half of the copay and insurance for children?


deb0725
Sep 2, 2010, 04:50 PM
I have one daughter now 17, the other 19. Over the last 5 years, we have accumulated almost 35K in insurance and co-pays that were directed to be paid by my exhusband. He has made no attempt and is behind in child support. To be to the point, I missed two appt's in court and the TX State Atty would not file against my ex since I was not in court. I currently live in Canada and was told I would have to take him to court on my own to file. How and where do I search? He quit his ($85K a yr) job two weeks prior to our divorce and was working as a file clerk. Due to his min wage job, he was not liable for anything the first year and paid $500 a month for two children. He has since become self employed (working as a contractor to his employer) in order to avoid garnishment. Questions:
1. Can I file against him in court on my own?
2. What can I file for regarding co-pays stated in divorce agreement?
3. Can I file against him since I moved to Canada?
4. He is currently $3300 behind at $300 a month (amt dropped due to my second daughter turning 18)
Thanks for any suggestions!

AK lawyer
Sep 2, 2010, 05:31 PM
1. Can I file against him in court on my own?
Certainly.



2. What can I file for regarding co-pays stated in divorce agreement?
I'd start with a motion, in the original divorce case, for an order requiring him to pay. Practice may vary depending on what state the court is in (Texas, I guess), but something of that nature.



3. Can I file against him since I moved to Canada?

Yes. You would file this in the Texas, of course, not Canada.




4. He is currently $3300 behind at $300 a month (amt dropped due to my second daughter turning 18)

I don't see this as being a 4th question. ;)

Fr_Chuck
Sep 2, 2010, 05:35 PM
I would think you have to take him back to family court in Texas to enforce that court order

deb0725
Sep 2, 2010, 08:16 PM
I would think you have to take him back to family court in Texas to enforce that court order
If I take him to family court - is there a place I can locate the forms to follow through on it?

It seems since he is self employed and "hiding" everything possible at this time, he is almost untouchable. (those were the words used by the Texas State Attorney) They "requested" he bring documentation to their office and he never brought a thing. End of story.

Is there a walk through anywhere on what to file? Or can I contact the Family Law Court and get paperwork there?

Thanks :)

AK lawyer
Sep 2, 2010, 09:22 PM
Is there a walk through anywhere on what to file? Or can I contact the Family Law Court and get paperwork there?

Doesn't appear that there are a lot of forms online on the Texas court websites (http://www.texascounties4u.org/websites.html). The courts, I believe it would be the "district court" for the particular county, each has it's own website. I looked at one of the larger counties: Dallas, and didn't see a link to a bunch of forms. You might have to contact the clerk of court for the county where the case was originally filed, and see what they have, if anything.

Fr_Chuck
Dec 7, 2010, 07:03 PM
You make them prove incomes, prove how they pay for their home, their car, and so on.
But often this is where you have to hire a PI to find all of their money and property