Dear Sir: It may be possible that she can garnish your wages. Please read the enclosed explanation. Your wife may have success in garnishing your wages, IF upon divorce, your divorce decree specified that you would pay her a certain amount in child support or alimony (or spousal support)
. If your divorce decree specified that you would pay her a certain amount, and it was agreed in the decree as well that she could garnish wages in order to collect the amount, then she can have success in enforcing this provision of the decree.
To begin a wage garnishment
, your wife will have to get a Writ of Execution completed. She will fill it out and send it to the california county with a small fee. The clerk will then issue notice to the employer to start to withhold income.
If, however, the decree does not state that you will pay child support or spousal support, your wife will not likely succeed in modifying your decree to obtain this wage garnishment. If the Decree stated that she has to apply the funds to your rent in the apartment, you can work to enforce that portion of the Decree in the california court where you were divorced. However, if the decree did not make paying the rent a condition of any kind, then she is not obligated to pay the rent
The answer to this question, in other words, brings you back to the language of your original decree. Though you may not have any success at this, you may consider
telling her that you had an implied contract with her, that was formed by her conduct, for her to pay the rent
. If she does not pay this last month's rent, that her behavior will result in damages to you, and you plan to bring action against her for breaching the implied contract that the two of you have formed. Though this is not a great solution, it is the only one I can offer with the information provided at this time. It may be enough to motivate her to apply the funds to the rent just this last time.
I send you my finest regards.