Tuesday, March 23, 2010

Collecting A Debt From An Ex Spouse

When a judge enters a divorce decree and orders an ex wife to pay credit card debts, a mortgage, or a car note in the husband's name, he has two options to obtain compliance with the order and collect delinquent payments.

(1) The former husband can file a motion for contempt in the originating family court. If the wife is held in contempt, the judge can order her to pay the debt by a date certain. Thereafter, if the wife ignores the order, she may be subject sanctions.

(2) The former husband can also sue the wayward spouse in civil court. This option may result in a judgment. However, it's not worth the paper it's written on if steps aren't taken to collect via garnishments and liens. This process may take several years.

I have been divorced now for over a year and in the divorce decree my ex wife said she would assume payments on one of the joi - Divorce / Separation - Avvo.com

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