How can I collect on an additional support amount listed in my divorce decree?

UPDATED: Sep 30, 2022

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How can I collect on an additional support amount listed in my divorce decree?

My ex-husband and I were divorced 2 years ago. In our divorce decree, he is to pay 50% of daycare and 50% of the children’s activities. If he doesn’t pay timely there is a 9 daily interest rate applied. This is after a 10 day notification period. He is refusing to pay now and I would like to know what recourse I have to collect on this money. Additionally, do I need to take him to small claims court to get the

judgement amount or is the executed decree enough?

Asked on February 19, 2017 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Before you can ask the clerk of the court to issue a writ of execution, you need to have the exact amount of the arrearages for additonal support confirmed.  This means you need to file a petition to enforce the divorce decree in the court where the divorce was granted.  The court will then officially say how much you are owed, plus interest.  The court also has the authority to award you attorney fees. Once you have the judge confirmed what is officially due, then you can seek a writ where in items are seized and sold from his property to pay for the outstanding balances due.  If the amount is confirmed as part of a child support judgment, the court may order the amounts to be withheld directly from his checks until the obligation is paid in full.

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