Question:
My divorce was final December 5, 2005 and per my divorce agreement, I am to pay my ex wife 12 monthly payments starting the first of every month. I am making my payments on time however, she is insisting that I owe her for December 1, 2005 payment. She is threatening to file a motion. Does she have any grounds?
Answer:
I cannot answer your question specifically to the laws of Texas as I am not licensed to practice law in that State. Generally the start date of the Order is the date when the Judgment is signed. You have a gray area if your Judgment does not address December. Since clearly the first was past, you have a good faith argument that December is not owed. I can not tell you anything for sure because the wording of your Judgment will rule, however it is likely she will file the Motion. It is diccult to say how a judge would rule. I suggest you talk to the attorney you worked with to resolve this discrepancy.
