• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

child support vs spousal support

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

amyjrn

Member
What is the name of your state (only U.S. law)? TX

I have received conflicting information on this subject and was curious to see if anyone here had any thoughts. I was awarded approximately $6000 in emergency spousal support in addition to child support in the divorce. Is spousal support enforceable the same way child support is enforceable? The judgement I have on other things (like half the cc bills) is just a piece of paper and I get that. What do you guys think?
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? TX

I have received conflicting information on this subject and was curious to see if anyone here had any thoughts. I was awarded approximately $6000 in emergency spousal support in addition to child support in the divorce. Is spousal support enforceable the same way child support is enforceable? The judgement I have on other things (like half the cc bills) is just a piece of paper and I get that. What do you guys think?
Yes and no.

It has nearly the same legal weight that CS does. You can file for contempt if he doesn't pay and if he still refuses to pay, he could go to jail.

OTOH, there is a difference. The state child support enforcement department will collect the child support for you, but they will not collect spousal support.
 

Ohiogal

Queen Bee
Yes and no.

It has nearly the same legal weight that CS does. You can file for contempt if he doesn't pay and if he still refuses to pay, he could go to jail.

OTOH, there is a difference. The state child support enforcement department will collect the child support for you, but they will not collect spousal support.
You sure about that? Because in some states CSEA WILL collect spousal support.
 

garrula lingua

Senior Member
OP,
Go to the local office of the State of Texas, Attorney General's Office (google the name & it'll list office locations).
Bring a copy of your court orders. (Hopefully, you now live in the same county; that makes it easier).
Fill out an application for full service (you have 'register only' service now).

Yes, they will collect the spousal support, as long as there is a current child support order.
 

mistoffolees

Senior Member
OP,
Go to the local office of the State of Texas, Attorney General's Office (google the name & it'll list office locations).
Bring a copy of your court orders. (Hopefully, you now live in the same county; that makes it easier).
Fill out an application for full service (you have 'register only' service now).

Yes, they will collect the spousal support, as long as there is a current child support order.
All I can find is that they will do income withholding on spousal support, but if it's contested or the payor evades support in some way, they will not initiate enforcement actions - unlike CS where they WILL do so.

Do you have anything that says they'll take an active role in enforcement?
 

CourtClerk

Senior Member
All I can find is that they will do income withholding on spousal support, but if it's contested or the payor evades support in some way, they will not initiate enforcement actions - unlike CS where they WILL do so.

Do you have anything that says they'll take an active role in enforcement?
GL is a family law attorney, licensed to practice in Texas. I'm guessing she knows.
 

mistoffolees

Senior Member
GL is a family law attorney, licensed to practice in Texas. I'm guessing she knows.
I'm guessing that she does, too - which is why I was asking for a clarification since I couldn't find anything that supported what she was saying.

You see, even seniors can learn something from this site and I wanted to find out how it worked and why there doesn't seem to be any documentation of the ability to collect spousal support on the attorney general's site.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top