What can I fo ig my ex is not paying off the debt that he greed to?
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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
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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