If my ex-husband refuses to pay on debts he agreed to in our divorce papers, what can be done to save my credit and get him to pay?

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If my ex-husband refuses to pay on debts he agreed to in our divorce papers, what can be done to save my credit and get him to pay?

Asked on January 7, 2012 under Family Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two very different issues here:

1) How do you make him pay? You sue him. The divorce papers are either a contract (if it was a settlement) or court order (if it was a decree); either can be enforced by a legal action, though the mechanism or procedure for enforcing them varies somewhat. You are advised to retain an attorney to take action to enforce your rights vis-a-vis these debts, since the lawyer will know the process for doing so.

2) How do you save your credit? If the debts are in your name, then even if your ex-husband is obligated to pay them for you, it's still you who are obligated to the creditors. The only way to save your credit is make sure they're paid on time, including by paying yourself, then seeking rembursement from your ex-husband.


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