Can I sue my ex for going against the divorce decree?

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Can I sue my ex for going against the divorce decree?

I have been divorced for the last 5 months. We did it without an attorney, since neither one of us could afford it. We thought we’d be civil and separate everything 50/50. Everything went well until now. Part of our agreement was to split the remainder of a vehicle payment we had to let go. In the decree it states that we split the payment in half. We agreed to share the payment every other month. The problem I am having is she isn’t sticking to the agreement. I make my payment on time but when it’s her month to pay; I got a call from the loan company stating that the payment is overdue. What can I do?

Asked on January 3, 2012 under Family Law, Iowa

Answers:

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

Answered 9 years ago | Contributor

So you and your ex wife entered in to an agreement as to your assets and your liabilities and both of you signed the agreement and it was incorporated in to your paperwork when you filed for divorce, correct?  The agreement was probably also made part and parcel of the order of divorce by the judge.  The agreement is a contract between you and your ex wife and you can sue her based upon the contract and move for contempt of the court order if it was incorporated in to the order of divorce.  You would make what is known as a motion for contempt and to compel her to comply.  The problem I see is that she is complying but doing so very late.  Seek legal help this time.  Good luck. 


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