What to do if I’ve been divorced for 5 years and my ex recently stopped paying child support and medical bills?

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What to do if I’ve been divorced for 5 years and my ex recently stopped paying child support and medical bills?

Do I need a lawyer to have his pay check garnished and alter/enforce the divorce decree? He makes 6 figures and has no mortgage or bills but is claiming the payment is too high.

Asked on December 21, 2015 under Family Law, Texas

Answers:

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

Answered 5 years ago | Contributor

Although it would be advisable to be represented by an attorney, if you don't have an attorney, you can pursue the matter as follows:
You can seek to have your ex held in contempt of court for failure to comply with the provisions of your divorce decree.  You will need to file an Order to Show Cause (court form) to request a hearing on the contempt issue.  You should file that document with your declaration signed under penalty of perjury stating the facts and any supporting documents.  You can also ask the court for a wage garnishment.  When filing your Order to Show Cause, declaration and supporting documents, ask the court clerk if any additional documents are required because the required documents may vary from state to state.  After filing your documents and a proof of service with the court, you will need to serve your ex by mail with a copy of those documents which will provide him with notice of the hearing.
Another option regarding the wage garnishment  would be to contact your state's Department of Child Support Services (this agency might have a different name in your state) and have that agency pursue a wage garnishment.


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