{"id":510,"date":"2017-02-24T09:42:12","date_gmt":"2017-02-24T15:42:12","guid":{"rendered":"http:\/\/www.texasdivorceattorneyblog.com\/?p=510"},"modified":"2021-09-30T13:38:58","modified_gmt":"2021-09-30T18:38:58","slug":"maintenance-seized-retirement-account-texas-enforcement-lawsuit","status":"publish","type":"post","link":"https:\/\/www.mcclure-lawgroup.com\/blog\/maintenance-seized-retirement-account-texas-enforcement-lawsuit\/","title":{"rendered":"Maintenance Seized From Retirement Account in Texas Enforcement Lawsuit"},"content":{"rendered":"

In Dalton v. Dalton<\/a><\/em>, a Texas ex-husband appealed from post-divorce enforcement orders. The couple was divorced in 2011, with a decree giving full faith and credit to an order of separate maintenance that determined child support, custody, property division, and other aspects of the divorce. The husband was required to pay his former wife support maintenance (alimony) of $1,309,014.00, paid in increments on a monthly basis.<\/p>\n

Afterward, the wife tried to get the ex-husband to comply. The court had rendered a wage withholding order for child support and spousal support, and the wife had asked for enforcement. She’d also petitioned for a qualified domestic relations order for the full amount of spousal support. The parties negotiated. In 2015, the court granted the QDRO petition and denied the husband’s motion to terminate the wage withholding order. He was found in contempt, and a QDRO assigned to the wife a portion of his retirement benefits to cover what he owed her in alimony.<\/p>\n

The husband appealed the First Amended QDRO, arguing that the initial orders didn’t allow these retirement benefits to be paid to his ex-wife and that since what was at issue was contractual alimony, it couldn’t be satisfied by his retirement benefits. The appellate court explained that Texas Family Code Section 9.101 allows a lower court that renders a divorce decree to have continuing exclusive jurisdiction to render an enforceable QDRO. Therefore, the lower court was able to render the QDRO.<\/p>\n

Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

In Dalton v. Dalton, a Texas ex-husband appealed from post-divorce enforcement orders. The couple was divorced in 2011, with a decree giving full faith and credit to an order of separate maintenance that determined child support, custody, property division, and other aspects of the divorce. The husband was required to pay his former wife support […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[123],"tags":[],"class_list":["post-510","post","type-post","status-publish","format-standard","hentry","category-alimony"],"yoast_head":"\nMaintenance Seized From Retirement Account in Texas Enforcement Lawsuit — Texas Divorce Attorney Blog — February 24, 2017<\/title>\n<meta name=\"description\" content=\"In Dalton v. Dalton, a Texas ex-husband appealed from post-divorce enforcement orders. 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