Preview
NO. 13-08-08369-CV
IN THE MATTER OF IN THE DISTRICT COURT
THE MARRIAGE OF
AMANDA MARIE KNOTT AND
RUSSELL TUCKER KNOTT 418â„¢ JUDICIAL DISTRICT
AND IN THE INTEREST OF
AUBREY MARIE KNOTT AND
MASON RUSSELL KNOTT, CHILDREN § MONTGOMERY COUNTY, TEXAS
RESPONDENT'S RESPONSE TO MOTION TO EQUALIZE ATTORNEY'S FEES, and
RESPONDENT'S MOTION TO QUASH, OR IN THE ALTERNATIVE MOTION TO
SELL REAL PROPERTY TO PAY ATTORNEY'S FEES
COMES NOW, RUSSELL TUCKER KNOTT, Respondent herein, and files his
Response to Petitioner’s Motion to Equalize Attorney's Fees and in support thereof, would
respectfully show unto this Honorable Court, the following:
I
Respondent has previously paid Movant interim attorney's fees in the amount of five
thousand dollars ($5,000.00), as ordered in the Court's Temporary Orders, dated September 11,
2013.
Respondent would show that Movant, Amanda Marie Knott, has needlessly increased the
cost of litigation and bears a large amount of responsibility of the accrual of attorney's fees in
this matter, as well as prolonging this case.
Specifically, after a Protective Order was granted by this Court, Russell Tucker Knott has
performed exemplary in his behavior, and in an effort to resolve this case he has done as follows:
1 Paid the sum of five thousand dollars ($5,000.00) to counsel for Movant, which
was timely done, for interim attorney's fees pursuant to this Court's order;
Timely taking and remaining negative on all drug tests;
Complying with the financial obligations in the Temporary Orders that were put
in place on or about September 11, 2013, and in so doing, remaining current and
actually overpaying child support, which according to the Attorney General's
guidelines should be approximately $690.00 per month, instead Respondent is
paying $1,617.15 per month;
4. Remaining current on health insurance obligations and uninsured medical
expenses;
5. As temporary support, paying the following bills:
a. Remaining current on the monthly mortgage on the residence occupied by
Movant, Amanda Marie Knott, in the amount of $1,054.11 per month;
Remaining current on car payments on the car driven by Movant, Amanda
Marie Knott, in the amount of $496.18 per month. Further, Respondent
has prepaid the car payments up to September 2015, in the amount of
$7,938.88;
Remaining current on insurance on the car driven by Movant, Amanda
Marie Knott, in the amount of $85.00 per month.
In keeping up with the aforementioned financial obligations, Respondent has had to
borrow large sums of money. To the contrary, Movant has not gone to work until very recently,
and this case has been pending since August 2013. Respondent would show that Movant is
content to maintain status quo on monthly expenses to the detriment of the community estate and
the parties finances.
Likewise, mediation, on a final basis, was set for April 21, 2014, then unilaterally
cancelled by Movant. The trial date in this case is not until September 2014, which was
originally set at a time before mediation was unilaterally cancelled by Movant.
Respondent has depleted all community resources in order to comply with his obligations
under the Temporary Orders.
Respondent has borrowed sixty-one thousand dollars ($61,000.00) from his mother, using
promissory notes, which is a community debt to which the parties are jointly responsible. There
is no longer the ability to borrow from her.
Respondent would further show that attorney's fees are typically dealt with on a final
basis and to be equalized in the property division. Respondent has borrowed from all sources he
can and knows of no other source to borrow from to secure additional monies. Respondent would
show that Movant has resources and family at her disposal from which to borrow.
I.
Respondent requests that Petitioner's Motion to Equalize Attorney's fees be
quashed. In the Alternative, Respondent requests that the Court order the parties to sell the
marital residence and use said funds to pay the parties’ respective attorney's fees.
WHEREFORE, PREMISES CONSIDERED, Russell Tucker Knott, Respondent prays
that the Court grant his Motion to Quash or, in the alternative, grant Respondent's Motion to Sell
Real Property to Pay Attorney's Fees..
Respondent further prays for all further relief, both in equity and in law, both specific and
general, to which he may show himself justly entitled.
Respectfully Submitted,
SHRIVER & MCLEAN, LLP
Shane J.
State Bar No. 00797051
10655 Six Pines Drive, Suite 220
The Woodlands, Texas 77380
Tel: (281) 296-9191
Fax: (281) 296-8647
Attorney for Respondent
Certificate of Service
I certify that a true and correct copy of the above was served on each attorney of record
or party in accordance with the Texas Rules of Civil Procedure on the 24th day of April, 2014.
Via Hand Delivery
J. Thad Whisenant
WHISENANT & ASSOCIATES
4185 Technology Forest Blvd.
The Woodlands, Texas 77381
Tel: (281) 681-8889
Fax: (281) 681-8882
Shane J. icLéan