There are various manifestations of this dirty trick that I have seen where a spouse has asked the other spouse to ignore the language of the divorce decree and sign the papers. Today's blog will explore a few variations of this trick.
One of the areas where I see this trick used most often is child support. Below are a few examples of this trick.
- No Job or Lost Job -I'm sorry you lost your job, we do not need to change the Order, because I agree you do not have to pay me while you're unemployed.
- Refund you The Money – sign the paperwork that says X amount will be withheld from your paycheck for child support. I know it's too high, but I will give you back the difference."
- I will Stop Child Support -While you take care of the child, I will call the child support office and stop child support.
- Pay Me Directly – It takes too long for the child support order to send me the money. Just pay me the child support directly. It's easier and quicker that way.
- A Lesser Amount than Guideline Child Support -Let's put less in child support because I will help you with extracurriculars for the kids or daycare expenses.
Where Child Support is Owed
Inevitably in all these situations Later, the spouse who fell for one of those tricks will be surprised when they are served with enforcement paperwork that says they owe tens of thousands in arrears and they face possible jail time.
Lesser Amount than Guideline Child Support.
I have heard about promises for helping out with:
- Splitting Extracurricular Activity Expenses for the Kids
- Buying Diapers
- Buying Formula
- School Supplies
Those promises remind me of the Disney Movie Beauty and the Beast quote by Cogsworth "Well, there's the usual things. Flowers, chocolates, promises you don't intend to keep."
Inevitably the parent who said they would help out with things other than child support does not. When a potential consultant asks me about accepting such a deal, I tell them they should get the money to buy those things for themselves.
Alternatively, we need to put those promises in Order as additional child support so that those promises are enforceable.
The Order is the Order Until the Judge Signs a New Order
Some parents assume:
- that child support automatically stops if one parent calls the child support office and asks for it to be stopped. However, that is not the case.
- It is too much hassle to change paperwork, so making some verbal or written agreement outside of the Order is not a big deal.
I tell parents who hire or consult with us that the Order is the Order until a Judge signs a new Order. This means until the parent petitions to modify the existing child support order and a judge signs a new order; the parent will continue to be liable under the existing Order.
- If you do not pay the amount of child support in the Order because you can't because you lost your job, you could get in trouble.
- If your spouse does not reimburse you the difference, they will not get into trouble.
- your ex-spouse cannot just call the child support office and cancel child support (a judge has to sign a new order)
- If you pay your spouse directly and do not track every payment, they could tell the child support office you have never paid them, and you could be in trouble. I have seen this happen multiple times. Recently a dad told me he had never missed a payment, but because he paid her directly, he had to try and produce a proof for ten years of direct payments.
Child Custody and Visitation
Some of the tricks I have seen used when custody is involved include:
- You can see the kids as much as you want - "Sign the papers giving me sole physical custody. You know I'll let you see the kids whenever you want."
- We can take turns on custody - "Give me custody this year, and then I'll let you have custody when the child starts school (or substitute some such future event or time frame)."
When it comes to visitation, you and your ex-spouse can indeed deviate from the Order as long as you agree. However, if you ever disagree with the border controls. That means while you and your ex are getting along, the 50/50 visitation schedule you verbally agreed to will work just fine.
However, if you ever get into an argument, you may be stuck with the standard visitation order in the Order or, worse yet, no visitation.
Suppose you give up custody now in Order. You are probably stuck not having custody unless your ex-spouse messes up.
This is because to change a custody order in Texas; you will need a "material and substantial" change in circumstances for either party or any child since the last Order was signed. A court will want to know why it should flip custody, and "it's my turn" is not a legally recognized reason.
If your child is doing well with your ex-spouse, a court will not want to rock the boat.
Sometimes the dirty tricks I see involve property division.
One ex-wife I met with told me that she and her ex-husband had an agreement that he could keep the house in the divorce, but if he ever sold it, they would split the proceeds. She was upset because her ex-husband had just sold the house, and he told her he was not going to give her anything.
I looked at the paperwork, and it clearly said that he got the house, and there was nothing in the divorce decree regarding her getting any of the proceeds from the husband selling the house. I asked her about the agreement. She told me that her ex-husband said to her that he would do.
I had to break the bad news to her that verbal agreement was probably unenforceable.
Moral of The Story
Remember, "the court order" is always controlling. Your verbal side-agreements are generally unenforceable.
At times we have been able to help our clients with their side agreements, but it often means they have had to spend thousands of dollars and months or years of their lives for us to do so.
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Other Articles you may be interested in:
- The Dirty Trick of Stripping the House During a Texas Divorce
- The Dirty Trick of Using the Same Divorce Lawyer
- The Dirty Trick of the Common Law Marriage
- The Dirty Trick of Getting Your Spouse to Leave the Marital Home
- The Dirty Trick of Fake Emails and Electronic Evidence
- The Dirty Trick of the Unenforceable Visitation Order
- Dirty Divorce Trick - Turning into a Temporary "Helicopter" Parent
- The Dirty Trick of Spousal Spying in a Texas Divorce
- The Dirty Trick of Embarrassing your Spouse During a Texas Divorce
- The Dirty Trick of Damaging, Destroying or Selling Marital Assets in Texas
- The Dirty Trick of Filing for Divorce in Another City
- The Dirty Trick of Moving Out of State with the Kids
- The Dirty Trick of Hiding Assets During Your Texas Divorce
- The Dirty Trick of Wasting Marital Assets or Going on a Spending Spree During Your Texas Divorce
- The Dirty Trick of Engaging in Spousal Starving During a Texas Divorce
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