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Litigation
Child Support
Where no proof existed of an out-of-court agreement, and proof exists of the former wife's failure to cooperate in discovery or negotiation, it is proper for the court to modify a child support obligation and award attorneys' fees to the moving spouse. In the Interest of Jones, No. 06-05-00005-CV, Court of Appeals of Texas, Sixth District, Texarkana, September 14, 2005.
The parties were divorced on Jan. 29, 1997, and the former husband was directed to pay child support. In January 2004, the husband moved to modify child support because he was diagnosed with A.L.S. (Lou Gehrig's disease) and was no longer employed. The trial court lowered the former husband's child support obligation and awarded attorneys' fees to the former husband. The former wife appealed, arguing that the trial court erred in modifying child support because the issue of child support had been compromised and settled out of court.
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