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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Does Texas OAG enforce alimony ordered in another state in

Customer Question

Does Texas OAG enforce alimony ordered in another state in the same way that child support is enforced in Texas by the OAG?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but alimony and child support are treated differently. While the OAG enforces child support, to enforce alimony you'd need to go to court, file for motions to compel, and then petitions for contempt, and seek a judgment. But the OAG will not help you collect on alimony since that is a personal debt, while child support is seen as a public policy issue related to the children.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
OK, just to clarify, an alimony order established in another state is simply not _easily_ enforced in Texas in the sense that OAG will not help with the process. However, if I were eligible for and had a spousal maintenance order in effect, then OAG would help me (after it was established)? Just to be clear, no kids are involved -- does that disqualify me from spousal maintenance in Texas?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Spousal maintenance and child support are unrelated. Just because you do not have kids does not mean you are disqualified from spousal maintenance. And you can still enforce it, you just cannot enforce it via the OAG. OAG gets involved when kids are involved, but when it is you, you are on your own with the courts.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
From my research, I'm almost 100% certain that the OAG gets involved with spousal support. So, I need to better understand when they do and don't get involved and at what point their involvement ends.Are you confirming that OAG _will_ levy a wage garnishment to obtain spousal support _only_ in the event that there is a concurrent child support order in effect?
Expert:  Dimitry K., Esq. replied 1 year ago.

That is correct. They do not pursue spousal support unless it is part of the whole package including alimony and child support.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thanks Dimitry ... I promise this is my final request for clarification:(1) So even if there is a spousal support order in effect for a disabled ex-wife, OAG will not garnish wages to enforce that order if there is NO concurrent child support order?(2) Can you provide me any references to support the fact that OAG will enforce a spousal support order ONLY when a child support orders is in effect, either on OAG's website or in Texas statutes?
Expert:  Dimitry K., Esq. replied 1 year ago.

My pleasure, and glad to help!

1. Yes, that is correct.

2. I can do one better--look to the name of the department itself--it is called 'Child Support Enforcement', not spousal support enforcement. That is their obligation, duty, and scope of work. Your personal debts owed to you are no longer public policy and the state will not pursue them.

https://www.texasattorneygeneral.gov/cs/welcome-to-the-child-support-division

Good luck.

Sincerely,

Dimitry, Esq.