jigherardini
recently joined
Reged: 06/02/11
Posts: 4
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This is a really long complicated story and my husband I really need help.
In 2003 my husbands ex left and took his son with her. After months of not being able to find them he was trying to get on with his life while still searching for his son. He filed for a divorce in the state of Texas which is where they had lived and it was granted and gave joint custody to him and his ex. He continued looking but never got the law involved. A couple years ago we got we got a notice of our taxes being withheld by the state of Oklahoma (this was not all bad because now we had an idea of where his son was). We made a couple calls and found out that his ex filed for a divorce in Oklahoma in 2005 (two years after the divorce in Texas) and it was granted and child support had been ordered. We sent them proof of the Texas divorce and they took the lien off our taxes. Since then we have been trying to get in touch with his son and start child support so we can have contact. Now they are saying that they “Are going with the Oklahoma divorce decree” … My question … How can that decree even be legal or binding when the Texas decree was issued two years prior? How do we contest that divorce do we file with Texas or Oklahoma?
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Just know that if you agree to the OK decree, CS arrears will be owed back to 2005.
Custody should be set up in the TX court now (should have been done long ago). Get default parenting time set up (which of course, won't happen), then file for contempt. Then you have something to work with. Bottom line is you need an attorney.
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jigherardini
recently joined
Reged: 06/02/11
Posts: 4
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Thank you so much for your comment... He does not agree to that divorce in 2005 at all and that is what we are trying to contest. How do we get Oklahoma to show full faith the the divorce decree that was issued first in time and was issued by the state that they were both a resident of at the time. We are in a bind because we can't afford a lawyer but make to much to get legal help. We also now live in New Mexico so we are trying to do all this by mail and phone
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chaznsc
newbie
Reged: 12/22/09
Posts: 43
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I'd really recommend you get an attorney. You cant afford not to have one.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Living in a 3rd state complicates the issue. Only an attorney can help you. Just know that many states are relentless at getting child support. Expect somewhere down the line that a huge arrears (tens of thousands of dollars) is going to land in your lap. You can't afford to not have an attorney....and it will probably need to be one in TX. I'd recommend you register and post at freeadvice dot com, as their are actual attorneys that will respond to you.
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CTEXAS
recently joined
Reged: 06/02/11
Posts: 11
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I agree you have to have an attorney and a Texas one. If you are trying to prove the first legal divorce was done in Texas then it needs to be a Texas lawyer. Even borrowing money to get one will be better in the end.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9815
Loc: Arkansas
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I agree, Texas attorney is needed.
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Eternity is too long to be wrong.
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jigherardini
recently joined
Reged: 06/02/11
Posts: 4
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We will be going to court in Oklahoma so I'm pretty sure we have to get an attorney from there if we are going to have one. I am going to try to file a triple certified copy of the Texas Decree with Oklahoma and ask that they give it full faith and credit.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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You shouldn't be going to court in OK, unless jurisdiction has legally been transferred there. I'd keep it out of their hands.....their only interest is your money.
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jigherardini
recently joined
Reged: 06/02/11
Posts: 4
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i know but we kind of don't have a choice right now because they are saying they have the right to take our money. She filed for divorce there in 2005 and they gave it to her because they were unaware of the divorce in 2003. We have to prove to them they can't do this to us
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