Legal Question in Family Law in California

When my ex husband and i finalized our divorce, he agreed to pay me 15,000 dollars, along with my bi monthly spoucal support. He was to make 3 payments of $5000 dollars each at set dates. He has made two of them, but he is two years late on the last payment. He wont respond to my emails, and has blocked my phone calls. This was part of the final divorce agreement, that we both agreed on. He even added, that for no reasons can this agreement be modified in any way. I want to garnish his wages for my spoucal support, because he is always late and now is behind. Can i add the $5000 dollars he is two years late on paying me to the same garnishment papers. Or do i have to file comtempt of court charges on him for that money. Also when he didn't pay me the last $5000, that went against our agreement that he signed in court. This is a breach of contract, especially when he stipulated no modification. Does that make this agreement null and void.

Asked on 11/12/10, 11:41 am

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Breach of an agreement does not void an agreement. You will have to file a contempt proceeding against him. You should join it with a proceedint to establish arrearages and interest, with an automatic wage assignment. That should clear things up. If you would like assistance with this, please feel free to contact me. I offer limited scope representation for situations like this, and your attorneys fees would likely be ordered paid by your husband if the case is this cut and dried.

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Answered on 11/17/10, 11:49 am

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