What do I do if our separation agreement stipulates that my estranged husband is supposed to pay the bills but he doesn’t?

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What do I do if our separation agreement stipulates that my estranged husband is supposed to pay the bills but he doesn’t?

My credit has been ruined due to the fact, in our separation agreement he has to pay for my credit card but he hasn’t put any money towards it and the interest has has been adding up and ruining my credit. How can I get him to pay for this?

Asked on August 8, 2011 Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Any agreement such as a separation agreement is a legally binding contract between parties.  It states the rights and liabilities between the parties to the agreement.  And if one of the parties "defaults" on the agreement then the other party has a right to sue for breach of the agreement and the damages permitted under the law (or agreed to in the agreement). So what you have to do probably is take him back to court and sue him to comply with the agreement.  You may want to discuss modification of the agreement with an attorney.  If he did this once he will do it again.  Maybe a lump sum payment instead.  Good luck.


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