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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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My husband and I have a separation agreement, and he is required

Customer Question

My husband and I have a separation agreement, and he is required to pay spousal maintenance for a specified period of time. The payments are due on the 1st and 15th of each month. No conditions are stated. When he wants to control me, he plays games with the payments. The payment that was due on the 15th of November has not been received by me as of today, and of course, this being the 1st, there is another one due. He has always been late. Can I get a court order for him to have his company direct deposit the payments into my account for the duration of the agreement? I haven't paid my electrc bill for November. I have about $45 in my checking account, the November bill is over $200 and now the December bill is due. I've had the water shut off once, and had a notice that it would be shut off again. I received the payment from him at the last minute and was able to avoid it the second time. I live in Texas, he lives in AZ where the separation agreement is filed. Please help me.
Submitted: 8 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 8 years ago.
Since AZ issued the separation agreement, that is the state where you will need to seek enforcement. AZ permits wage garnishments to enforce a separation agreement. You generally have to file an order to show cause for the contempt of court in not paying you on time and then request the wage garnishment.

It also may be possible to ask for the wage garnishment by not having to file the contempt action. I do see AZ has the following wage garnishment forms, but you need to confirm with the court clerk in the county that issued the separation orders if these are the forms to use.

The statute regarding this issue is here.

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