If my ex-husband isn’t paying marital debt as agreed, should I contact him or just go back to court?

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If my ex-husband isn’t paying marital debt as agreed, should I contact him or just go back to court?

As part of my divorce agreement my ex-husband was made responsible for paying me a monthly payment toward a credit card in my name. I didn’t have any interest included. Over the past 5 years he’s paid sporadically which led me to take him back to court. He was found in contempt on 2 different occasions. Each time I worked with him (i.e. lowered payment). Originally the debt was around $6,000. He still owes me $1,500 and has stopped paying again. I’m thinking of going back to court, can I request he be made to pay in full plus money for the hassle of missing work and filing court papers? Also, if he gets locked up for contempt, How does that work?

Asked on February 3, 2012 under Family Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to talk to a lawyer about to get this handled once and for all. Your lawyer will be able to do a lot more for you than you handling on your own. Your ex has a habit of not paying and there does not appear to be a fear of nonpayment as all he gets is being in contempt and then restructuring the debt. See if your lawyer can handle this in a different way aside from contempt filings and see if you can begin the long and arduous process of perhaps getting a bigger and one time payout either by attaching a lien, garnishing wages or seeking something back that he still has (like a house or car) that was initially awarded him in the divorce.


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