How do I get my ex-husband to pay money owed in the divorce settlement?

My ex-husband was supposed to pay an amount toward our debt and keep up the payments on the house. He has done neither and now my credit is ruined. How do I get him to pay? He is also behind on child support and moved out of the state.

Asked on August 27, 2011 South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should file  with the court an Order to Show Cause requesting enforcement of the court orders/divorce settlement and a supporting declaration.  Your declaration signed under penalty of perjury would state the facts that your ex-husband is not complying with the terms of the divorce settlement; is not making the required payments toward your debt, the payments on the house, and is behind in child support.  When you file an Order to Show Cause, the court will set a date for a hearing on these issues.

You should attach a proof of service to the documents you file with the court.  The proof of service verifies the date of mailing your documents to your ex-husband.  You can either use a court form proof of service or you can write your own.  If you write your own proof of service, it just says that you are over 18 and the attached documents were sent via first class mail unless stated otherwise to _______ (name and address of ex-husband) on _________ (date).  You sign at the bottom under penalty of perjury.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.

If your ex-husband fails to comply with court orders, he can be subject to civil or criminal penalties.

You might want to request a wage garnishment in the documents you file with the court to be certain that your ex-husband will pay his financial obligations.

 


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