What can I fo ig my ex is not paying off the debt that he greed to?

UPDATED: Sep 30, 2022

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What can I fo ig my ex is not paying off the debt that he greed to?

My husband agreed to take all of the debt in exchange form me not getting spousal support. he is not keeping up with his end of the divorce, instead of paying off the credit cards he is continuing to use them. when I tell him I am going to have them cancelled he says he will stop making payments and file bankruptcy. What is my recourse?

Asked on January 23, 2017 under Family Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your recourse is to pursue contempt of court against your ex.
You will need to file with the court an Order to Show Cause to request a hearing.  Call the court clerk to schedule a hearing date and enter that information on the Order to Show Cause.  You will also need to file a declaration signed under penalty of perjury stating the facts in support of your contempt of court case.  You should also file any other supporting evidence (documents, etc.) for your contempt of court claim.  You also need to file a proof of service which verifies the date of mailing a copy of all of the above to your ex so that your ex will have notice of the hearing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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