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x not wanting to pay

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niceandswtcwgrl

Guest
My brothers ex wife is not wanting to pay the half of a loan payment that was set out in their divorce. In the divorce they were order to pay half of this payment each. What can my brother do to make her pay so it does not hurt his credit. We live in Texas. Thank you.
 


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buttermuffinO

Guest
I am having the exact same problem in Nevada. He is already four months late on several bills that are in my name. What can I do to make him pay the bills?
 

usmcfamily

Senior Member
Getting the orders is usually the EASY part -- enforcing them is another story.......
In cases where your credit is threatened it is sometimes wiser just to find a way to make the payments yourself and retain proof of this then take the proof AND the original order pertaining to the payments to claims court and petition for a "judgement" against the defaulter........even then, though you are back to the case of getting an order vs enforcing it.......but at least with a judgement you can then proceed in obtaining a lein on property etc that the person has to eventually hopefully receive satisfaction of the debt......
 
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dorenephilpot

Guest
The legal mechanism used to enforce orders in a divorce decree is a Motion for Rule to Show Cause, better known as a contempt.

If he was ordered to pay something in the decree and failed to, then he can be found in contempt of court.

If he is found in contempt, then usually the court will order him to reimburse you for your attorney fees and can make his life a living hell in a variety of wasy.

The problem is that if he files a bankruptcy petition and lists both you and the creditor to whom the debt is owed, he's likely going to get the decree obligations tossed, leaving you on the hook.

If the payments are late, that will show up on your credit report as such.

The agencies report only fact -- was the payment late or was it not. They don't delve into who was "right" and who was "wrong."

If you believe it is his fault that there are late payments or missing payments, you can write a statement to each of the three credit bureaus, explaining your situation and asking that the statement be provided to anyone who is seeking access to the credit report.

Your scenario is so common in divorces, unfortunately, when the debts are not classified as child or spousal support or maintenance.

Hope this information helps. Best of luck to you!
 

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