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

UPDATED: Sep 30, 2022

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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


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

Answered 7 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.

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.

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