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 8 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.

 


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