How do I enforce court ordered payments that were agreed upon in my divorce?

UPDATED: Oct 1, 2022

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How do I enforce court ordered payments that were agreed upon in my divorce?

After 20 years of being a housewife, my husband filled for divorce. I had just

started working a part-time job, he on the other hand made over $90,000.00 a year. The divorce was messy, so I agreed to a settlement of half of of his

retirement, which he said he would not cash in but would make monthly payments instead. I was forced to leave my home of 20 years, I did not feel that my attorney was working in my best interested. Now the divorce is final, and he refuses to pay the $1000 a month. He pays every now then, which has caused me to spend all my savings. He says he doesn’t have to pay me. I still only work a part-time job, being barely able to make ends meet. I only have a high school education, and did not work for 20 years because of being a housewife. I was told I could not get spousal support because I did have a p/t time job during the divorce, and that the state doesn’t require him to pay alimony. What can I do to enforce the Divorce agreement, and can I file for Spousal Support, even after the divorce has been finalized?

Asked on July 17, 2018 under Family Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can enforce a divorce settlement or agreement by suing him for "breach of contract": the agreement is a contract, and he is obligated to follow its terms; if he does not, you sue him like you would anyone violating a contract. The court can order him to pay the agreed-upon amounts.
You cannot file for support after the divorce is finalized and you entered into a divorce settlement or agreement--the agreement was a final and binding resolution of all the economic, etc. issues arising from your marriage and its dissolution.

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 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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