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should i sue my ex husband in texas from nevada

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debbie powers

Guest
i recently divorced my husband. i live in las vegs he in houston tx. he refused to include spousal support in the divorce agreement but did sign a separate statement. he agreed to send me $500 mo for eight months, so that i could get back on my feet. now he has stopped paying. owes me aprox $3,000. would it be worth it for me to sue? i know it would take a wage garnishment for him to pay. would he have to pay my attorneys fees? would i have to go to texas to go to court? (he makes over $100,000 yr.)thank you
debbie powers
 


JETX

Senior Member
Your post says, "i know it would take a wage garnishment for him to pay." and that he is in Texas. Big problem... Texas does NOT allow wage garnishment. If that is the only way he will pay, you are alredy DOA and have the answer to your questions.

Otherwise, from your post, it appears that you would have a case for breach of contract and your $3000 would be within the parameters for Small Claims in Texas.

Q1) "would it be worth it for me to sue?"
A1) Yes, but not if you can't enforce the judgment.

Q2) "would he have to pay my attorneys fees?"
A2) Does your 'agreement' include a 'litigation recovery' clause stating that, in the event of litigation the losing party is to pay legal expenses and costs?? If you pursue in Small Claims, you wouldn't need an attorney.

Q3) "would i have to go to texas to go to court?"
A3) Yes.
 

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