What can I do to collect money from my ex-wife for a credit card debt that she was supposed to pay as per our divorce decree?

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What can I do to collect money from my ex-wife for a credit card debt that she was supposed to pay as per our divorce decree?

As per a separation and divorce agreement, my wife was to pay me $3000 for a credit card she charged $9000 to in our name. She has not paid. What what options do I have to collect the money in terms of garnishment, taking possession of her belongings to sell, or anything legal for that matter.

Asked on June 20, 2011 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Depending on when it occurred, you can sue her for the monies based on the provisions within the divorce decree. You must sue her to obtain a judgment and then if she still doesn't pay, you must enforce the pay plan in place, or obtain a decree to then garnish her wages, attach to her bank account, place a lien on her properties, and the like. If there is a decree in place for you to pay her any monies, consider going back to divorce court to a) file a contempt motion against her (she is contempt of the order) and b) see if there could be an accounting so that you don't have to pay what would equal $3,000.00 in some other part of the decree (think alimony). This way, the end result may equal the same.


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