zubaz said:
When my wife got divorced she and her husband had $16k in credit card debt.
The divorce decree stated that each should pay half of the debt.
My wife paid the whole thing off because her ex was not doing anything about it and our credit was being affected.
She now wants to collect from him the half he owed.
Is he responsible for paying her the amount he should have paid to the creditors?
My response:
She has two choices - -
1. Take him back to Family Court for his "Contempt of Court" for failing to obey the court's orders; or,
2. Take him to Small Claims court.
In scenario number one, it takes much longer to get a court hearing and it costs more; e.g., attorney fees. However, you will get the satisfaction of seeing him hauled off to jail for his contempt of court, have the order reduced to a judgment, and receive a judgment in her favor that she can execute upon.
In scenario number two, in it's most basic form, this is a Breach of Contract matter. She may not be able to obtain the full $8,000.00 he owes (Small Claims has a maximum amount you can sue for in all States - - which is less than $8,000.00), but it's quick and easy. She will receive a judgment that she can execute upon.
When she obtains a judgment in either scenario, his bank accounts, and other property can be taken to satisfy the judgment.
All of the above is predicated upon the fact that he has not already, or will, file for Bankruptcy. If you file in Family Court for his Contempt of Court, Bankruptcy will not help him in that regard - - that's a crime, and crimes are not extinguished in Bankruptcy. He'll still become a guest of the county, and get his own set of matching bracelets.
Good luck.
IAAL
