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How to collect money owed from a divorce in Texas requires more than just having a signed decree—it demands strategy and persistence. Even after the court orders payments for child support, spousal maintenance, or a share of marital property, enforcing those obligations can become a challenge if your ex-spouse refuses to comply. Wage garnishment, liens on property, contempt motions, and enforcement actions are all legal tools available to help you recover what you’re owed. Acting quickly and knowing your rights can make the difference between collecting your money and facing endless delays. If you’re struggling with non-payment, understanding how to collect money owed from a divorce is key to protecting your financial future.
Understanding Court Orders in a Texas Divorce
Before diving into the actions you can take to enforce your divorce settlement, it’s crucial to understand the types of financial obligations that a divorce court can impose. In Texas, courts can award:
- Spousal support (alimony): Paid by one spouse to the other, typically to help the recipient maintain a similar standard of living post-divorce.
- Child support: Regular payments made by the non-custodial parent to help with the care and raising of the children.
- Division of property: A fair distribution of assets and debts acquired during the marriage.
These payments are legally binding. However, not all spouses comply with court orders, and non-compliance can cause serious financial setbacks for the recipient.
Steps to Take to Ensure Your Spouse Pays Court-Ordered Money
There are several steps you can take to ensure that your spouse complies with the payment orders. Proactive measures can protect you and reduce the stress of worrying about missed payments.
1. Set Clear Expectations with Legal Documentation
Start by making sure that the court order is clear, specific, and legally enforceable. A vague or ambiguous order can create confusion, leading to disputes and delays in payment. Ensure the judge has made clear the exact amounts, deadlines, and methods of payment, such as:
- Payment frequency (weekly, monthly, or lump-sum)
- Payment method (check, direct deposit, or wage garnishment)
- Consequences for failure to pay
Clear and unambiguous documentation will make it easier for you to take legal action if payments are not made on time.
2. Use the Texas Child Support Disbursement Unit
If your divorce involves child support, Texas has a dedicated system in place called the Texas Child Support Disbursement Unit (SDU). This unit acts as a middleman to ensure that child support payments are made directly to the parent who has custody of the child. It’s highly recommended to take advantage of this service to:
- Track payments: The SDU keeps a record of every transaction, making it easier to spot any missed or late payments.
- Enforce the court order: If your spouse fails to pay through the SDU, they are violating a court order, which gives you the ability to take legal action.
Child support payments should ideally be processed through this unit, which keeps everything above board.
3. Set Up Wage Garnishment
In Texas, wage garnishment is an effective way to ensure that your spouse pays their court-ordered financial obligations. With this system, the court orders your spouse’s employer to automatically deduct the payment amount from their paycheck and send it to you.
Wage garnishment ensures that payments are made regularly and on time. It’s a practical option when dealing with a spouse who has a stable income. However, if your spouse is self-employed or underemployed, wage garnishment may not be a feasible option. In this case, you’ll need to explore other enforcement methods.
4. Request an Enforcement Hearing
If your spouse refuses to pay or consistently misses payments, you have the option to request an enforcement hearing. A judge can hold your spouse in contempt of court if they do not adhere to the payment order. The penalties for contempt of court can be severe, including:
- Fines: Your spouse may be ordered to pay fines in addition to the amount they owe.
- Jail time: In extreme cases, non-payment can result in jail time for contempt of court.
This is a powerful tool to help ensure compliance with the court’s order and can force your spouse to pay what they owe.
5. Leverage Property Liens
If your spouse has failed to pay the financial obligations outlined in the divorce decree, you may be able to place a lien on any property they own. This is especially useful if the divorce included a division of assets and your spouse failed to give you your share of the property.
A property lien prevents your spouse from selling or refinancing the property until the debt is settled. It gives you legal claim to the asset, and your spouse must pay their obligations before they can access the property’s value.
6. Monitor Their Financial Activities
Non-payment may be a result of your spouse hiding assets or income. If you believe that your spouse is not being forthcoming about their financial situation, you can request a financial discovery process. This process involves requesting documentation of their income, assets, and liabilities, which can reveal if they are intentionally underreporting or hiding their finances.
Financial discovery can uncover hidden income streams, assets, or unreported jobs that can be used to pay the ordered support. You can also ask the court to examine your spouse’s financial records through subpoenas or other means to ensure transparency.
7. Seek Professional Help
If your spouse continues to avoid payments despite these enforcement measures, it might be time to enlist the help of a professional. Divorce attorneys and family law specialists can help you navigate the complexities of enforcing a divorce decree. They can also help with the following:
- Filing a contempt motion: Lawyers can help prepare the legal documents needed for enforcement hearings and represent you in court.
- Exploring financial remedies: Attorneys can suggest ways to retrieve owed money, such as garnishments, liens, and asset freezes.
Having legal counsel can increase your chances of receiving the money owed to you under the divorce decree.
Consequences for Non-Payment of Court-Ordered Money
If your spouse continues to fail to meet their obligations, the court can take several measures to enforce the order. These can include:
- Contempt of court charges: As previously mentioned, your spouse may face contempt charges, which can result in fines or jail time.
- Loss of privileges: Non-payment may lead to the suspension of driver’s licenses or professional licenses, preventing your spouse from operating a business or working in their profession.
- Seizure of property: The court can order the seizure of assets, including bank accounts, vehicles, or real estate, to settle unpaid debts.
Taking these steps ensures that the payment will be made, even if your spouse tries to avoid it.
What to Do if Your Spouse Continues to Avoid Payments
If all of the enforcement actions have been exhausted and your spouse continues to refuse to comply with the court’s order, it may be time to revisit the court and ask for a modification. If your spouse is claiming they are unable to pay due to financial hardship, you may be able to revisit the terms of the divorce decree and work out a new arrangement that reflects their current financial circumstances.
Conclusion
How to collect money owed from a divorce in Texas goes beyond securing a court order—it requires consistent follow-through and legal strategy. Even with a judgment in place, many spouses face delays or non-compliance when it comes to receiving spousal support, child support, or their share of marital assets. To enforce payment, you can pursue options like wage garnishment, property liens, or contempt hearings through the court. Taking action early helps prevent further financial strain and ensures your rights are respected. If you’re struggling to collect what you’re owed, consulting a knowledgeable family law attorney can make the enforcement process more effective and protect your long-term financial stability.
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