Help Support a Fair Fight for Justice

Case Number: 201973570 - CARBAJAL, HECTOR vs. CARBAJAL, TAM (Court 308)

Hello friends and supporters,

I’m reaching out to seek your help on behalf of an incredible, hardworking mom, now a dedicated first-year public elementary school teacher, who finds herself in an uphill battle for fairness and justice. Despite her strong academic and professional achievements, she’s facing a legal system that feels stacked against her due to financial disparities between her and her ex-spouse, a seemingly wealthy physician.

This mom has always prioritized her 2 young daughter's well-being and stayed home with them for over eight years before re-entering the workforce after divorce. She’s recently started her career as a public elementary school teacher, but the transition has been financially challenging.

In a recent court trial, the judge awarded $31,415.46 in attorney fees to her ex-husband’s counsel—in her opinion a seemingly aggressive and skillful attorney with significant support staff including an apparently in-house appellate attorney. This seemingly massive amount was granted despite her achieving a surplus in her child support account for approximately the previous consecutive 5 months, after getting hired into her new career. She was never behind more than $5,753.32 even while transitioning back into the workforce, starting with a $14/hour job that included cleaning toilets. She steadily paid down the arrearage and had a surplus in her account from May 2024, and of over $500 by the time of trial October 30, 2024. Her ex-husband hired an attorney to collect what in March 2024 they claimed was still approximately $4,700 in arrearage, never dropping the suit seeking criminal contempt for prior arrearages even though she'd had a surplus for approximately 5 months by time of trial; as he sought jail time against the mother of their two young daughters; and in this mother's opinion, her ex-husband's attorney seemingly delayed response to her pro bono attorney's efforts for direct discussion to try and resolve. The judge in Harris County, Texas Family District Court awarded ex-husband's attorney the $31,415.46 in attorney fees for trying to collect approximately $4,700, which had already been paid in full for 5 months; and after this mother's motion for mediation was denied by this court. This mother believes if her ex-husband's only motivation was collecting what remained of the payments temporarily behind he could have used the Texas Office of Attorney General as seems common, without any burden of attorney fees. The court did deny her ex-husband's request for civil contempt. She also believes the judge had statutory discretion to waive her ex-husband's request for attorney fees or to further reduce but still awarded nearly 7 times the amount claimed and already paid off months prior.

Why does this matter? Because the statute in question mandates attorney fees unless waived at the judge’s discretion. This ruling has put her under immense financial pressure.

She’s a bright individual, a Summa Cum Laude graduate with an Associate's Degree in Physics and Chemistry from Lone Star College, and a Summa Cum Laude graduate with a degree in Public Administration from the University of St. Thomas, but no one should have to face financial ruin, feel unable to stand up to secure their children’s future, or feel intimidated and unable to fight for fair treatment.

We’re advocating to amend the statute to prevent such cases from placing a heavy financial burden on those less privileged and to create limits on attorney fees in cases like this one; what in her opinion seems like justice favoring the best funded. However, in the meantime, we need your help to possibly appeal and support her legal fight. Your donation will go directly toward covering the legal fees ordered by this judge be paid by her to opposing counsel and ensuring she can continue to stand up for what’s fair. She has a pro bono attorney after spending her financial resources resisting past and recent litigation by her wealthy ex-husband.

Together, we can help her secure justice, advocate for better family court policies, try to change the statute (TFC 157.167) to prevent what in her opinion feels like burdensome application by this judge, which could happen to others without objective limits, and support her journey as an inspiring teacher and mother.

Thank you for considering helping out. Every bit counts and is deeply appreciated.

If you’d like any more personal details or specifics adjusted, feel free to let me know!