How do I get my exhusband to pay what he owes?
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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 7 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.
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