If the spouse fails to pay the maintenance as ordered, what remedies are available?
The court may enter judgment against the non-complying party but may not impose incarceration. A maintenance obligation is a debt and under the Texas Constitution and the United States Constitution, the court may not imprison the non-complying spouse. However, any other methods to collect a judgment may be utilized, including wage garnishment. In addition, the payments may be withheld from wages if the payments are not timely under the agreement.
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Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
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Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.