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Enforcement of Marital Settlement Agreement

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Jacobs528

Junior Member
What is the name of your state? Wisconsin (Community Property State)

My divorce was final in March 2004 and Marital Settlement Agreement was filed. We had virtually no assets, lots of debt. He agreed to pay the balances of three credits cards (actual amounts listed in agreement), as well as pay me a disclosed amount of money (personal loan). As of May 1, this disclosed amount of money started accruing interest. However, that is not really the problem. The credit cards that he agreed to pay on are actually in my name (my name only). My excellent credit is the only thing he has not yet managed to destroy, so (as I am sure you can tell) I have continue to pay on these on credit cards. As the old saying goes, "divorce is expensive" and I am up to my eyeballs in bills because he is obviously not paying what he agreed to pay. My question is - how do I go about enforcing this agreement?

Also, I currently hold our tax refunds (he still has to sign) and would like to use his portion to pay on the bills he agreed to pay but I have been paying. Is this okay to do? He has been unemployed (by choice) since filing for divorce and is obviously not making an effort to pay. :confused:
 


T

TSC-tx

Guest
Keep your head up.

Okay first, he can sign over the income refund to you. Make sure he does it in front of you. If you give it to him, he may keep it. Secondly, technically he is violation of the marital agreement. Read your decree to find out what the consequences are stated as for violation of the decree. Then remind him of any that are stated. Contact the credit card companies and let them know what is going on. Obviously you are not going to keep using the cards. Try and change the cards to his name. If you can't and depending on his credit have him get a loan under his name for the total amount of the cards. (ex. MBNA gold option loan not a plug just someone I know of that has the loans.) He can A. give you the money and you pay the cards, you give him copies of the final statement showing 0 balance, and cancel the cards. The bill is under his name now, and if he falls behind it doesn't hurt your credit. Or B. he can give you copies of the money order or check he mails in. Any money you've paid, keep copies of the canceled check or pay by money order. This money is owed back to you by him. He can pay it willingly or you can take him to court. If he messes up your credit, contact the credit bureaus. You will have to provide them copies of the divorce decree. They will have to take off negative marks on your report. If you had children you good have the attorney general intervene by forcing him to go to a welfare to work program. But if you don't the above options should help. If you make him get the loan he won't have a choice but to work because he'll only be hurting his own credit. Good Luck.
 
K

krispenstpeter

Guest
If he messes up your credit, contact the credit bureaus. You will have to provide them copies of the divorce decree. They will have to take off negative marks on your report.
Really? That will be news to the credit card company. Since they are not a party to the divorce they have no legal obligation here. The ONLY person who has a legal obligation is the poster to pay the cards.

And nothing else in your post is even remotely relevant to what this poster, under law, is required to do to recover damages.

Now that that's settled, Jacobs, the first thing you do is do not touch that check.

Now, did you submit the agreement to the court as part of the divorce and was it included in the divorce decree? If yes, then you file a show cause for contempt. If not, then you'll need to file in small claims (without an attorney and up to the limit) OR, if the limit of what he owes is more than the small claims will allow, you'll need to hire an attorney to file in circuit court.

If the agreement is not part of the divorce order, then it's a contract plain and simple.
 

Jacobs528

Junior Member
Thanks for the advice. In your post you stated that I should not touch the checks -- the problem is that I can't touch the checks because it requires both of our signatures (as far as I understand b/c the word AND is used on the checks it requires both to sign). (**Sorry, just realized that when I first posted, I didn't state I am having a problem getting him to sign the checks.**) Because he is not working (and is actually turning down job offers), the tax refund checks are my only way to get any type of money out of him.

The marital settlement agreement was signed by both of us in front of our attorneys right before our hearing. Then at the hearing, we both testified and stated that we agreed to what was outlined in the agreement (the judge had a copy). At that time, the divorce was then granted and a copy of the agreement filed with the court. The copy that I have has a court stamp on it, if that makes any difference.

As I understand from your post, I can filed a show cause for contempt. Am I right in the assumption that he is "in contempt" in more than part of the order? There is a segment that states he is suppose to cooperate with me with regard to the tax returns (he was also suppose to pay 1/2 the cost of preparation which I obviously paid in order to get them filed on time). The other segment he is violating is obviously the debt he agreed to pay. Anyone can look at our agreement and realize that (based on the fact that WI is a comm. property state) I gave him quite a deal by not insisting that ALL debt be split 50/50. Can I contact the court for forms needed to file for contempt?

Thanks for everything! :)
 

Jacobs528

Junior Member
Update

Well, I finally got him to sign the checks, and we were able to come to mutual agreement that I would give him a small portion of what he had coming for living expenses and the rest was to be used to pay some of the debt off. Now my only question is what do I need to do to get him to pay the rest? He is still in contempt as far as paying off debt obligations, and has made no effort to even set up some type of payment plan with me. Should I just file for contempt of court on him, or should I write him a letter giving him one final chance to comply with the Marital Settlement Agreement? Any advice/help is appreciated!
 

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