Can my ex-husband take me to court for not paying off a car and credit card in the timeframe he feels is sufficient?

We were divorced about 5 years ago and I have had financial difficulties but have been paying regularly on the car and credit card. There is only a few hundred left on the card, but $3500 left on the car. He is threatening to take me back to court to have my check garnished if I don’t have it done by the first of the year. I have already been paying twice the payment amounts but won’t be able to have the card paid off then. I can have the credit card paid though. Can he take me to court and get even more money? Can he get my check garnished? There was never a signed agreement as to when it would be done by.

Asked on December 13, 2011 under Family Law, Kansas

Answers:

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

Taking you to court for what? If the original court order did not specify when you should pay it off and you in good faith have been keeping up with the payments, the most this guy can do is to let the court set up a schedule from now on. His self-imposed deadline does not work in the eyes of the court.


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