Legal Question in Family Law in Texas

divorce decree

My husband and his first wife divorced in 1998. While they were married he consolidated both of their student loans into his name which totaled about $30,000. In the divorce decree she was ordered to pay him the full amount. She has never paid him anything. he hired an attorney in june of 2007 and went back to court and again the was ordered to pay. She still refuses to pay. What can he do to make her pay?


Asked on 12/15/08, 11:14 am

2 Answers from Attorneys

Robert Matlock Robert J. Matlock, P.C.

Re: divorce decree

You have the remedies available to a judgment creditor - garnish her bank account, file the abstract of judgment, issue an execution, etc. I suggest you discuss the options with a lawyer.

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Answered on 12/15/08, 11:37 am
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: divorce decree

Based on what you have written, you may have a few options available in your case. One option would be to file a motion to enforce the prior court order and her contempt of the prior court order. Another option would be to file the judgement and obtian a writ to attach to her personal and/or real property for payment. The first option may result in the offender going to jail for up to six months. The second option may result in an ability to garnish the offender's bank account, pay checks, etc. If my local family law firm can assist you with this legal issue of any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an initial consultation.

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Answered on 12/16/08, 5:59 pm


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