Collecting debts from Divorce

[edrex]

What is the name of your state? CA

I have been divorced around 3 years now. My ex owes me, as stated in the divorce paperwork, around $4250. She has paid very little since the divorce, and the last time she put any money twards it was over 2 years ago. I'm tired of waiting (some is credit card debt that I've been paying interest on). What do I need to do to settle the debt?
I was thinking it might be something to take to small claims, then if I have a judgement I can garnish her wages. But I'm not sure if I need to get another judgement from small claims, or if what I have in the divorce paperwork is a judgement that would work for that.
Any help/advice is always great!
Thanks,
ed.

 

[Ohiogal]

Take her back to divorce court and file a show cause motion and have the court enforce their judgment. Since there is a court order that she pay she can be fined, put in jail, forced to pay your attorney fees and the court that made the order should be the one to enforce it

 

[edrex]

Thanks Ohio Gal!
I'll start there.

 

[edrex]

Ok, here is an email from my ex and her new husband regarding what thier plan to repay the debt is.

Regarding the money currently owed to you:

1) According to the divorce documents the sum involved
is half of the outstanding debt on a Chase MasterCard
amounting to $3500.

2) A total of $500 has already been paid to you,
leaving $3000 as the outstanding balance.

3) Because you did not provide credit card statements
to [noname] showing that the card was not being used any
more and therefore the interest rate remained locked
in, she is under no obligation to pay any interest on
the amount.

3) We can currently pay you an amount of $50 per month
with full payment completed in five years. We shall
increase the monthly payment if and when we can.

4) All payments will be made to you by check.

5) Payments will start today with an amount of $100.

Is there anything in the Family Law codes that explains how interest should be set? I know they are wrong to assume that this whole debt should be interest free, but I would like something more solid to point to and show why.
Also, its been 2 years since the last payment, and thier repayment plan will take another 5 (not to mention they seem to have forgetten about another $1200 from the divorce settlement, making the total amount of time to pay me back on thier schedule over 7 years with no interest added and a total of 9 years from the actual divorce). Is there a formula about what fair payments should be?
I would like to try and work this out with them before involving the courts, I just don't know how to respond properly.
Thanks for any help.
ed.

 

[Ohiogal]

Did the judgment given to you allow for interest? If not then no you are not due interest.also you would want to respond with the proper amount owed and show where that money comes from quoting the divorce decree.

 

[edrex]

I don't see anything on the judgement that talks about interest. I didn't know it would have to be laid out in the judgement. I figured since most of it was credit card debt that cost me interest she would be responsible for some form of interest on the debt.
So it looks like if all they are willing to do is $50/month then I will have to go to court and ask for wage garnishment as it seems absolutley ridiculous to me that a $4000 debt should take 9 years from the divorce to be paid off. Especially if there is no allowence for interest.
Thanks again for the reply, Ohiogal.
ed.

 

[Ohiogal]

I don't see anything on the judgement that talks about interest. I didn't know it would have to be laid out in the judgement. I figured since most of it was credit card debt that cost me interest she would be responsible for some form of interest on the debt.
So it looks like if all they are willing to do is $50/month then I will have to go to court and ask for wage garnishment as it seems absolutley ridiculous to me that a $4000 debt should take 9 years from the divorce to be paid off. Especially if there is no allowence for interest.
Thanks again for the reply, Ohiogal.
ed.

And the court may only garnish her $50 if that. So you might want to be prepared for the idea that you will be wasting money. MIGHT. However you could argue that she is in contempt for not paying in a reasonable amount of time.

 

[edrex]

Are there any guidelines written out that say what is or is not acceptable as far as monthly payment amounts or time frames of payback? Who determines that stuff?
Thanks.

 

[Ohiogal]

Are there any guidelines written out that say what is or is not acceptable as far as monthly payment amounts or time frames of payback? Who determines that stuff?
Thanks.

The courts and it would mean you would have to research case law. You might be able to convince a judge that she is not being reasonable depending on her income and expenses and what not. You prepared for that? Or can you prepare for that? And I am not saying you should not try but you need to be prepared that the court may state she is not in contempt as she is paying something.

 

[edrex]

Man, what a pain. I don't know what her income situation is other then knowing that $50 is not the least she could pay. Proving that may seem difficult though.
Anyway, thanks for all the very helpful info Ohiogal. I really appreciate it.
-ed.