How do I file a contempt of court order on my ex for non-payment of spousal support?

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How do I file a contempt of court order on my ex for non-payment of spousal support?

Asked on June 12, 2012 under Family Law, Texas

Answers:

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

Answered 9 years ago | Contributor

You have to begin by filing a motion to enforce the spousal support obligation.  It looks similar to a motion to enforce the payment of child support, but it is specific to the obligation of spousal support instead.  At the end of the motion, you list the remedies that you are seeking from the court, including sanctions for his failure to pay.  You can also ask the court to apoint a receiver (an independent third party) to take charge of his assets so that your spousal support gets paid. Filing this motion is very similar to filing a new lawsuit because it requires you to pay a fee and to have your ex- served with notice of the enforcement action.  Once the motion is filed, you will need to get it set for a hearing so that you can present evidence of your ex's non-payment.  This is also where you argue to the judge why he should apply certain types of remedies to your cases, like a contempt order. 


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