What to do if I’m recently divorced and my ex is not paying the full $3250 that was written as a debt that we are splitting?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m recently divorced and my ex is not paying the full $3250 that was written as a debt that we are splitting?
He said he does not have the money and will make payments to me for the next 3 years. This debt is on my credit and I pay all the interest. There was nothing discussed about payments in the paperwork. He recently got a raise at his new job and bought a new car last night but told me has no money
Asked on January 15, 2013 under Family Law, Arizona
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It sounds like your ex- wants his cake and to eat it to... but a court order does not give him that luxury. You need to file a motion to enforce the order. When you file the motion, you can also ask the court to pay for your attorney's fees associated with the filing of the motion. You have a fairly good position if he has just purchased a new car. If his credit is good enough to qualify for a new car purchase, then it's good enough to get a loan for $3250 to pay off his half of this debt and get it off your credit. This is not such a huge amount that he couldn't get a small personal note to cover it-- he just wants you to have to deal with the headache of it.
If the court does decide to let him make payments to you, then make sure that you have a counter motion that requires him to pay the accumulated interest as well. It's not an incredibly common practice, but if he has any property that is worth anything, then also ask the judge to award this amount as a judgment againt your ex (rather than just an obligation he has been ordered to pay). If you have a judgment against him, then you can possibly place a lien on any of his eligible property. This will keep him from selling the items for more toys, when he should be paying you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.