Cannonball
New Member
- Jurisdiction
- Texas
I live in Texas. Was divorced more than a decade ago in another state. Case was later transferred to Texas. The ex-spouse now lives in Texas as well. In the original divorce in the other state, I was pro se and agreed to spousal maintenance of x amount per month, via wage garnishment, that would end only if one of us died or she remarried, which she has not.
Many years later, in Texas I tried to modify or terminate the spousal maintenance. I failed a couple of times. Ordered to pay past due support plus reinstate the wage garnishment from current employer. For the past year I had an attorney of my own for the first time, because the ex was seeking contempt, past due support, reinstatement of garnishment at my new job, etc. But he lost the case. The only thing he accomplished was keeping me out of jail.
However, after that most recent judgment this summer that went in the ex-spouse's favor, the ex-spouse had a change of heart. She contacted me and asked me if a proposal that I had floated to her a year ago was still on the table. I told her it was. She fired her attorney (who refused to entertain the proposal for a year), and she and I signed a notarized agreement. This agreement basically says that I pay a much-reduced amount via wage garnishment for a finite period of time. If I pay on time for the full amount of time, then at the end of that period the obligation ceases, including the past due amount and any future amount.
We went before the judge pro se, he reviewed the paperwork and asked some questions. He wanted to make sure the ex understood what she was agreeing to, and she told him she did. He made sure she wasn't coerced; she told him she wasn't. He then signed the order. I had a pending appeal in the Court of Appeals which I then dropped that same day. That was earlier this summer.
Yesterday, I received a notice of hearing on a Motion For New Trial from the judge, for 10 days from yesterday. I never received the actual Motion. So I don't have a Motion, or any supporting Affidavit. I have no idea what her reasoning is for wanting a new trial. Buyer's remorse, perhaps.
Anyway, my questions relate to time limits and grounds for bringing a Motion For New Trial. First, isn't that Motion one that the adversely-affected party would bring? She actually won a judgment - got everything she asked for - but then of her own free will entered into a separate agreement, and the judge signed an Order Modifying Spousal Maintenance in acceptance of that agreement. So is she entitled to a new trial?
And what about time limits for bringing this motion. According to my research into Rule 329b of the Texas rules of civil procedure, you have 30 days from a signed judgment to bring a Motion for New Trial. I think she filed her motion outside that window (although it will be after the labor day holiday before I can go to the courthouse and check the file date on the motion, since I never got the motion). So wouldn't it be true that the trial court no longer has plenary power to grant a motion for new trial?
Many years later, in Texas I tried to modify or terminate the spousal maintenance. I failed a couple of times. Ordered to pay past due support plus reinstate the wage garnishment from current employer. For the past year I had an attorney of my own for the first time, because the ex was seeking contempt, past due support, reinstatement of garnishment at my new job, etc. But he lost the case. The only thing he accomplished was keeping me out of jail.
However, after that most recent judgment this summer that went in the ex-spouse's favor, the ex-spouse had a change of heart. She contacted me and asked me if a proposal that I had floated to her a year ago was still on the table. I told her it was. She fired her attorney (who refused to entertain the proposal for a year), and she and I signed a notarized agreement. This agreement basically says that I pay a much-reduced amount via wage garnishment for a finite period of time. If I pay on time for the full amount of time, then at the end of that period the obligation ceases, including the past due amount and any future amount.
We went before the judge pro se, he reviewed the paperwork and asked some questions. He wanted to make sure the ex understood what she was agreeing to, and she told him she did. He made sure she wasn't coerced; she told him she wasn't. He then signed the order. I had a pending appeal in the Court of Appeals which I then dropped that same day. That was earlier this summer.
Yesterday, I received a notice of hearing on a Motion For New Trial from the judge, for 10 days from yesterday. I never received the actual Motion. So I don't have a Motion, or any supporting Affidavit. I have no idea what her reasoning is for wanting a new trial. Buyer's remorse, perhaps.
Anyway, my questions relate to time limits and grounds for bringing a Motion For New Trial. First, isn't that Motion one that the adversely-affected party would bring? She actually won a judgment - got everything she asked for - but then of her own free will entered into a separate agreement, and the judge signed an Order Modifying Spousal Maintenance in acceptance of that agreement. So is she entitled to a new trial?
And what about time limits for bringing this motion. According to my research into Rule 329b of the Texas rules of civil procedure, you have 30 days from a signed judgment to bring a Motion for New Trial. I think she filed her motion outside that window (although it will be after the labor day holiday before I can go to the courthouse and check the file date on the motion, since I never got the motion). So wouldn't it be true that the trial court no longer has plenary power to grant a motion for new trial?