I have been divorced for over 2 years. I just received a portion of cash from my settlement. He refuses to pay the balance. He lives in Nevada and I live in Texas. Can I garnish his wages for the balance owed ? What other options do i have ? I have waited 2 years for what he did pay and in the meantime I have had to sell everything I owned to survive. When we married I owned a home on my own in Utah. We moved to Nevada, bought a ranch and now he has it all. The settlement was to buy me out of the ranch. Please help !! What do i do ??
Contact the attorney general to get a judgment for the arrearages. A judgment may be enforced in any state.
In Texas this is governed by chapter 9 of the Family Code. The statute of limitations to bring a motion for enforcement of a property division in divorce is limited to two years for non-agreed divorce decrees, or four years for agreed divorce decrees. There are exceptions for cash payments in some circumstances that an attorney can research and see how it fits the language of your decree. The statute of limitations may not begin to run for payments that were ordered to be made at specific dates, until those dates occur. Again, research needs to be done. Neither deadline applies to enforcing judgments. If you don't have a cash judgment you may be able to hire a Texas attorney get get the divorce settlement reduced or "clarified' to a money judgment. I think that you would also need to speak with an attorney in Nevada about registering a certified copy of the Decree there in Nevada and enforce the Decree through all means of collection of a judgment permitted there including wage garnishment (if allowed) and bank garnishment. I don't know what homestead protection exists in Nevada. It might even be possible to get the ranch ordered sold. So use the AVVO tab at the top of the page to talk to a Nevada attorney. Bring Texas family code chapter 9 to their attention so they would be prepared to address it if necessary.
Ms. Laster practices in Dalla
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