My Ex and I were divorced in Texas; however, she has now moved to Missouri. When we were divorced, I was ordered to pay child support and maintenance. I have completed my CS obligations through the state of Texas, but I am behind on the maintenance which was not paid to her by the state. We had a verbal agreement that I would continue to pay her past the Decree order stop date of June 07 to make up for the time I was unable to pay her in full. My ex is now threatening to take me back to court to get a judgment against me for the amount I still owe her even though I pay her every month. Can she do that? Also, the decree states the maintenance is non-modifiable.
I am not licensed in Texas. The laws concerning maintenance will vary from state to state so it is important to also seek advice from an attorney in your state. If you did not comply with the terms of the court order, it is conceivable that she could get a judgment against you for the remainder of the money owed. I am not sure what good that would do her since you are already making regular payments. The purpose of getting the money reduced to judgment is so you have a way collect the money. This is usually done by garnishment of wages. Depending on how much you pay each month there is no guarantee she would get the money any faster with a garnishment. Keep track of all payments you make. Either get a signed receipt from her or pay by check or money order.