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 7 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 7 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.


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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