How do I get my exhusband to pay what he owes?

Hello I was legally divorced in 2006
and my ex-husband was supposed to pay
me when our divorce was finalized. He
made two payments but the last payment
of 16k was never made. How can I get
him to pay this to me now? It had a
clause that stayed an additional 2,000
will be added each year of non payment.
Our divorce was finalized in WA State
and I now live in Texas. Thank you

Asked on July 7, 2016 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can pursue contempt of court against your ex- husband for failure to make the payment set forth in your divorce decree.  The case should be filed in WA where the divorce was filed.
You should file an Order to Show Cause (OSC) court form to schedule a hearing.  Along with the OSC, you should file a declaration signed under penalty of perjury stating the facts in support of your ex being in contempt along with any other supporting documents and a proof of service.  The proof of service verifies the date of mailing your documents to your ex and provides your ex with notice of the hearing.  Check with the court clerk to be certain you have filed all the required documents because those can vary from state to state.  Also, ask the court clerk about having a telephonic hearing so that you won't have to physically appear since you live in TX.  Ask the court clerk for any required form to request a telephonic hearing and the deadline prior to the hearing for filing a request for that telephonic hearing.  If you miss the deadline, the court will deny your request for a telephonic hearing.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.