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Lien/Not paying alimony

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sebringcowgirl

Junior Member
Lives in TX. I have a friend who is owed quite a sum of back alimony. Was to be paid off 5 years ago. Sum was $800 a month. Every two months or so now her ex will send $200/or so. She has since taken her ex back to court becuz' he didn't pay her consistently so now it is written in a contract what is owed to her. Ex is now trying to sell his house and my friend would like to put a lien for sum owed to her for alimony owed + finance charges + finance charges that have been accrued. Can she do all this legally and get her money upon sale of the house? Can she put a wage assignment on his check? (I'm studying to be a paralegal and I don't believe she can do the assignment but wanted to ask). She lives in Johnson County, TX. Thank u very much for the assistance. She doesn't have any money for an expensive lawyer so I'm trying to point her in the right direction. :)
 


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Gracie3787

Senior Member
sebringcowgirl said:
Lives in TX. I have a friend who is owed quite a sum of back alimony. Was to be paid off 5 years ago. Sum was $800 a month. Every two months or so now her ex will send $200/or so. She has since taken her ex back to court becuz' he didn't pay her consistently so now it is written in a contract what is owed to her. Ex is now trying to sell his house and my friend would like to put a lien for sum owed to her for alimony owed + finance charges + finance charges that have been accrued. Can she do all this legally and get her money upon sale of the house? Can she put a wage assignment on his check? (I'm studying to be a paralegal and I don't believe she can do the assignment but wanted to ask). She lives in Johnson County, TX. Thank u very much for the assistance. She doesn't have any money for an expensive lawyer so I'm trying to point her in the right direction. :)
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Was your friend's divorce finalized in Johnson County Texas?

She can try filing in court to enforce the order, and ask for a wage assignment and to have a lien placed on the property. However, this will take time, and she might not be able to have the lien placed before ex sells the property.

Your friend needs to get a consult with a local attorney right away to find out how to do this the quickest way possible.
 
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sebringcowgirl

Junior Member
I have to ask her if it was in Johnson county..not sure. So it IS possible to do a wage assignment? That would thrill her! She really could use the money she's having to live with her daughter although she is holding down a job. Does anyone know if she would be able to charge a type of "finance charge" on the amount still owed to her and if this could build up until he pays the total amount due? Thanks again.
 
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Gracie3787

Senior Member
sebringcowgirl said:
I have to ask her if it was in Johnson county..not sure. So it IS possible to do a wage assignment? That would thrill her! She really could use the money she's having to live with her daughter although she is holding down a job. Does anyone know if she would be able to charge a type of "finance charge" on the amount still owed to her and if this could build up until he pays the total amount due? Thanks again.
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Any wage assignment and any interest MUST be ordered by the court. That's why it's so important that she gets things started right away, and hopefully she can get into court before he sells the property.
 
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sebringcowgirl

Junior Member
Thank you. I did ask her and she filed everything thru Johnson County. However, when it went thru a few years ago she was told she couldn't place a wage assignment on him...this has changed? I thought I learned in my class you could only use a wage assignment for child support...also, would it be possible to ask the courts to make him pay her attorney fees? She only has a minimum wage job and I'm not sure how she will pay fees of any sort.
 
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Proserpina

Senior Member
Generally speaking she can't garnish his wages in Texas.

State wage garnishment and attachment rules

(scroll down for Texas guidelines)

If it was child support he could be garnished (by the appropriate authority) - but as this isn't CS, that bit is moot.

ETA: Was there actually a judgment against her ex?
 
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sebringcowgirl

Junior Member
Yes there was a judgement and on another occasion seperate there was a contract drawn up because he hadn't paid the alimony. This is what she calls it "contract" I have not seen the paperwork at all. I didn't think his wages could be garnished.
 
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mistoffolees

Senior Member
sebringcowgirl said:
Yes there was a judgement and on another occasion seperate there was a contract drawn up because he hadn't paid the alimony. This is what she calls it "contract" I have not seen the paperwork at all. I didn't think his wages could be garnished.
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She needs to see a local attorney ASAP. She will probably have to file for him to be held in contempt. The court can then place a lien on his property.
 
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Gracie3787

Senior Member
Dogmatique said:
Generally speaking she can't garnish his wages in Texas.

State wage garnishment and attachment rules

(scroll down for Texas guidelines)

If it was child support he could be garnished (by the appropriate authority) - but as this isn't CS, that bit is moot.

ETA: Was there actually a judgment against her ex?
Click to expand...
Thank you for the info, I had no idea that wages can't be garnished in TX.:eek:
I guess this is another one of my, "I learn something new" day.
 
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