Divorced in Mexico and Motion to Enforce in Texas

In a case out of San Antonio the husband and wife were divorced in Mexico in 1998. The decree obligated the husband to pay child support in the amount of 15,700 pesos per month or its US equivalent as well as additional amounts for vacations, school supplies and medical expenses. At some point, the husband stopped paying support.

In 2004, the husband agreed to transfer his interest in a house and car to the wife in exchange for a release of $62,000 in arrearages. The husband then again failed to pay child support. In 2005, the wife registered the foreign decree and filed a motion to enforce.

After a bench trial, the court rendered judgment for the wife in the amount of $70,000 finding that the 2004 agreement failed for lack of consideration. The trial court also awarded pre-judgment interest and attorneys fees. The husband complained about the trial court’s use of $1,800/month as the basis for calculating the arrearages because this was an improper conversion from pesos which thus operated as a modification.