how to get him to pay what he owes

[aislinn]

What is the name of your state? Alaska

According to the dissolution (and it was only a dissolution because he actually agreed to paying), he AGREED to pay half of our debt. Originally it was going to be a divorce, because he refused to pay anything. But at the last minute, he agreed. So now it's on record that he's agreed to pay and should pay. But how do I go about making him pay what he owes me? I'm talking about around $24,000 here. I've already paid most of the debt off on my own, with a little help from my dad (because it was all in my name, my ex had awful credit). Now I need to finish paying it off and pay my dad back.

The "divorce" was over 4 months ago, and I haven't seen one red penny from him. I've looked online at the Alaska Law Self-Help Website, and they have paperwork for filing a motion. Is that what I need to do? File a motion to ask the judge to garnish his wages or something? Will they do that? Because if he has anything to do with it, I will never see anything from him. Ever. And if that is what I need to do (I already have the paperwork), I have no idea how to write it or word it or what. Is this even in my favor? I mean, the court already ruled that he has to pay half of our debt. Since I've already paid most of it, it would make sense that he should pay me (he's never paid any of this debt I'm talking about, and they were informed of that in the hearing). Oh, and should I request a hearing? I can go to a hearing, but he can't. He's on the other side of the country. And do you think I need a lawyer, because I can see him fighting this, even though he already agreed to paying. I would like to at least file something and get it started rather than give up and just say forget it, I'll pay for everything. I'm a college student; I can't afford that! Help! Any advice would be great! Thanks!

PS -- I have proof of my own payment on everything already. I photocopied *everything* for the divorce hearing, because I thought I would need it. So if they need proof that I have paid everything and him nothing, they got it. But I still can't afford a lawyer.What is the name of your state?

[Ohiogal]

What does your agreement say about when he is to pay you and how he is to pay you? Have you given him copies of the bills showing what needs paid and what you have paid? More information is needed.

[aislinn]

None of that was gone over in the hearing. He agree to pay half and they left it at that. It wasn't actually in front of a judge, just someone who listened to us (my now-ex was over the phone and I was in person) and proposed what we said to the judge and then the judge made the ruling. So I wasn't really able to get in anything about when to pay and how. Basically, we accrued approximately $48,000 in debt during our marriage. The majority of it was either in my name or owed to my dad, who we borrowed money from to pay bills and rent. Since it is in my name, he figures he doesn't have to pay anything. And of course, I have spent the last few years paying it off, because it's on my credit, and I had to clear my name and get it off my record. So now I have actually finished paying off everything. With the help of my dad. So now all this money is actually owed to my dad. At least $30,000 dollars of it. So the debt we both accrued is owed to him now, and I actually need him to help pay that. If it was a few thousand dollars, I think we could just forgive and forget the debt, but this is ridiculous.

I could send him copies of what has been paid, but that is a lot. I have paid everything, because he has paid nothing. I know this is a little confusing, I just really don't want to get shafted here. But I probably already have. I figured I could at least TRY to get the court to make him pay something.

[Ohiogal]

What exactly does the order state because if there is no order then you are out of luck. There should be something stated in the decree regarding debt. Without knowing exactly what we really cannot give you the best advice.

[CaliGirl]

Originally Posted by aislinn

None of that was gone over in the hearing. He agree to pay half and they left it at that. It wasn't actually in front of a judge, just someone who listened to us (my now-ex was over the phone and I was in person) and proposed what we said to the judge and then the judge made the ruling. So I wasn't really able to get in anything about when to pay and how. Basically, we accrued approximately $48,000 in debt during our marriage. The majority of it was either in my name or owed to my dad, who we borrowed money from to pay bills and rent. Since it is in my name, he figures he doesn't have to pay anything. And of course, I have spent the last few years paying it off, because it's on my credit, and I had to clear my name and get it off my record. So now I have actually finished paying off everything. With the help of my dad. So now all this money is actually owed to my dad. At least $30,000 dollars of it. So the debt we both accrued is owed to him now, and I actually need him to help pay that. If it was a few thousand dollars, I think we could just forgive and forget the debt, but this is ridiculous.

I could send him copies of what has been paid, but that is a lot. I have paid everything, because he has paid nothing. I know this is a little confusing, I just really don't want to get shafted here. But I probably already have. I figured I could at least TRY to get the court to make him pay something.

You should be able to go to the court and go into your file. Our courts have a copying fee, but it is nominal. I would get a copy of the order in which you are referring to, and get a copy of the minutes from the hearing. That might be a good place to start.

From my experience, somehow, things that were said in the courtroom did not make it onto the conformed copy of the order, and unless disputed, becomes the order.

You can go all the way back to the transcripts if you need to.

I would send him the copies of the bills, even if they are paid in full and request in writing that half of it is now payable to you.

Ask that your communication be done via email or snail mail, so that you both have a record.

The judge can order a wage assignment if you can prove that he is unwilling and hasn't paid any of the debt. This is all of course if you can find it in the order or the minutes, and as last resort, the transcript.

That is what I would do.

[Bali Hai]

Originally Posted by CaliGirl

You should be able to go to the court and go into your file. Our courts have a copying fee, but it is nominal. I would get a copy of the order in which you are referring to, and get a copy of the minutes from the hearing. That might be a good place to start.

From my experience, somehow, things that were said in the courtroom did not make it onto the conformed copy of the order, and unless disputed, becomes the order.

You can go all the way back to the transcripts if you need to.

I would send him the copies of the bills, even if they are paid in full and request in writing that half of it is now payable to you.

Ask that your communication be done via email or snail mail, so that you both have a record.

The judge can order a wage assignment if you can prove that he is unwilling and hasn't paid any of the debt. This is all of course if you can find it in the order or the minutes, and as last resort, the transcript.

That is what I would do.

OP's state also pays residents of that state an annual sum to just live there out of my pocket!! Get over it!!