How do I get my money back?

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How do I get my money back?

I signed on with student loans with my ex wife. She has made no effort in paying
these off as I have paid them myself. In our divorce papers it stated that I am
responsible for 20 and she is responsible for 80. How would I go about getting
the money she owes?

Asked on March 8, 2017 under Family Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the "divorce papers" are a voluntary settlement you and she entered into, if she is violating its terms (as she evidently is), you can sue her for breach of contract (the settlement is legally a contract) for a court order or judgment that she pay you what she should have paid for the loans.
If the papers were  divorce decree or order issued by a judge, you could bring an action against her for "contempt of court" for ignoring a court order. The court can then order her sanctioned (e.g. fined or even imprisoned) until she honors its prior order.
In either event, you appear to have recourse against her. A family law attorney can help you vindicate your rights.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the "divorce papers" are a voluntary settlement you and she entered into, if she is violating its terms (as she evidently is), you can sue her for breach of contract (the settlement is legally a contract) for a court order or judgment that she pay you what she should have paid for the loans.
If the papers were  divorce decree or order issued by a judge, you could bring an action against her for "contempt of court" for ignoring a court order. The court can then order her sanctioned (e.g. fined or even imprisoned) until she honors its prior order.
In either event, you appear to have recourse against her. A family law attorney can help you vindicate your rights.


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