How doI force support payments?

I am in the middle of a uncontested divorce. Ex-husband and I have a signed and notarized MSA. Ex-husband is not complying with payment terms (non-spousal/child support) in the MSA. Is there any way to force payment before the divorce is final?

Asked on August 24, 2011 California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to bring a motion in court to show he is in contempt of the agreement and see if the court will force payment by way of wage garnishment or bank account freezing or liens or a combination thereof. It appears that in fact this may be in fact filled with contested issues and he is merely using non-payment as a method of showing his disapproval. You should try the motion route, but before you do, consider consulting with a divorce attorney and brining up this matter to see if there may be other routes that experienced attorneys know how to use and use successfully.


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