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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31374
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My ex husband has been unemployed months. He has only paid

Customer Question

My ex husband has been unemployed for 5 months. He has only paid $900 of the over 5000$ he owes me. He is drew unemployment for 4 months and now isn't. We have a legal document stating what he agreed to pay me. What are my rights? Can his income tax refund be garnished?
Thanks you
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Is the document you have that says he owns you a judgment or a contract of some kind (like a property settlement agreement)?

Customer: replied 1 year ago.
It is a legal document/divorce papers stating he will pay me $800 a month for child support, my daughters health insurance, car insurance and 1/2 of out of pocket medical expenses.
Expert:  Roger replied 1 year ago.

Ok. Thanks.

If it is part of a JUDGMENT, then you can file a petition to hold him in contempt of court to enforce the provisions. But, if it is a property settlement agreement, you'd have file a motion for specific performance and ask the judge to grant you a judgment for the amount due....then you could try to garnish or levy execution upon him for the amounts due.

Expert:  Roger replied 1 year ago.

Also, you may be able to report the non-payment of the child support to the court and hold him in contempt for that separate from the other non-child support issues.

Expert:  Roger replied 1 year ago.

You have options, but you should consult your lawyer about the best option to proceed based on the terms of your paperwork.......

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