Ex Wife sueing

[sara06]

Minnesota
My husband was served papers by his ex wife. They have been divorced for almost 4yrs. The papers say contempt and that he must pay her more money. She signed a buy out agreement 3 1/2 yrs ago on the house they owned together. Now she says that he owes her $10,000.00 for credit cards. We are confused and wish she would just go away. Is there a limit on how long you can go after someone for money?
Sara

 

[Just Blue]

What does the court order (decree) state regarding the CC debt? Was your husband ordered to pay for some/all of it?

 

[LdiJ]

What does the court order (decree) state regarding the CC debt? Was your husband ordered to pay for some/all of it?

Or was the sale of the house supposed to cover the debt, and it did not for some reason?

 

[Bali Hai]

Or was the sale of the house supposed to cover the debt, and it did not for some reason?

The husband bought out the wife, there was no sale.

 

[LdiJ]

The husband bought out the wife, there was no sale.

That doesn't mean that the original decree did not state that the house was to be sold off to pay the marital debt. There has to be some failure to perform here or the suit wouldn't be for contempt.

 

[Bali Hai]

That doesn't mean that the original decree did not state that the house was to be sold off to pay the marital debt. There has to be some failure to perform here or the suit wouldn't be for contempt.

If indeed the original decree stated the house to be sold and proceeds used to pay debt, then the husband paid that debt when he bought her out of her half.

And don't assume there is a failure to perform. The wife is "alleging" this to be so, it's not automatic just because SHE says so!!

 

[LdiJ]

If indeed the original decree stated the house to be sold and proceeds used to pay debt, then the husband paid that debt when he bought her out of her half.

Not necessarily.

Example: House is ordered to be sold to pay off marital debt. However, husband decides that he wants to keep the house and pays wife her half, and plans to pay his half of the marital debt off on a monthly basis instead of a lump sum....and then fails to do so.

Again, this is a contempt suit, so there has to be some provision of the decree that the ex is stating that he is failing to perform.

 

[sara06]

It stated once the house was sold that the money from that would be put towards the joint debt they had. We refianced to get the equitiy from the house and take it out of her name. She was fine with that and signed all the paper work. She was then cut a check to put towards bills. Shouldn't she have contacted us early if that was not enough money. Is there a limit on how many years one can take to take action? It if she hasn't been able to get hold of us. Over a year ago she contacted us demanding money and my husband said that the only way he would give her money was if a lawyer contacted us. So what took her so long. Afraid that we will lose everything that we have trying to figure this out. Just when things start going good she seems to show up.

 

[Silverplum]

Please don't use another person's thread to ask your own question.

Start your own thread.

Thanks.

 

[TinkerBelleLuvr]

My divorce decree states that my ex husband is supposed to pay me a monthly payment to pay off our accrued debt. I agreed to take care of the debt if he agreed to pay his half in monthly payments. He started off great but has since stopped. On top of the fact that he is also behind with his 50% reimbursements of out of pocket medical expenses I am needing to pursue this. I would assume that since he has failed to continue to pay the monthly owed payments that he is in contempt of the divorce decree order. How do I pursue this in court. I am limited on funds and paying up front for an attorney would not be easy. What is the best way to approach this and get it over with?

Please start your own thread. This is considered a hijack.