San Antonio, TX asked in Family Law and Small Claims for Texas

Q: Can I sue my ex for his retirement if he violated an agreement on it with me years ago.

I filed for divorce in 2012. It was finalized 1 1/2 years later in 2013. His lawyers and I had negotiated in writing that I would agree to give up my portion of his retirement in exchange for him not seeking child support for any of our kids living with him. When 2 of my kids moved back with me after divorce, 1 stayed with him, he then filed for child support to offset support he would pay me.

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2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It would be unusual for a court to approve an agreed decree that provides giving up any rights to his retirement is expressly conditioned on him never seeking child support from you. Usually, the parties’ division of their marital estate is independent of any agreement involving child support and possession time.

You should rehire the attorney who represented you at the time of your divorce to try to enforce such a peculiar provision.

Most experienced attorneys would caution you that any agreement as to child support at the time of your divorce is subject to being subsequently modified by court order if there is a future material change of circumstances.

Melissa O'Neal
Melissa O'Neal pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Angleton, TX
  • Licensed in Texas

A: There is a 2 years statute of limitations on property enforcement. If it has been over two years you would be out of luck. If it has been less than two years then it would depend on the specific language that was used in the Final Decree.

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