If according to my divorce degree, my husband is to make quartly payments of $2500 but his check was returned to his bank, what can I do?

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If according to my divorce degree, my husband is to make quartly payments of $2500 but his check was returned to his bank, what can I do?

Asked on December 14, 2012 under Family Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, you can bring a court action against him to enforce the decree: to compel him to provide the payment and possibly additional compensation, too (such as if you incurred any costs or fees due to his check being returned).

Practically, if the problem is not that he is refusing to pay--such as by spending his money on non-necessities, so he has insufficient funds, or by hiding funds in other accounts--but simply doesn't have enough money to pay (e.g. he's not earning enough to pay the decree), you may be limited in your recourse: the law cannot make him pay money which he does not in fact have.


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