Can a person sue her ex husband over non-fulfillment of a divorce agreement?

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Can a person sue her ex husband over non-fulfillment of a divorce agreement?

Acontempt of court did not work because he lives in a different state. He was to pay off my truck (gift) then send the title to me. Then 3 years later they repossessed my truck and would not let me pay it off for him due to he was the sole person on the loan.

Asked on August 22, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A divorce agreement is a contract between two parties that is generally incorporated in the divorce decree and order.  That is how you are able to bring a motion for contempt.  But you can most certainly sue based upon the agreement.  I would speak with an attorney given that he is in another state.  You need to obtain "jurisdiction" over him or a judgement against him will not be valid.  Good luck.


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