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questions about what is in final judgement of divorce

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teacherandmama

New member
What is the name of your state? Florida

Hi! I looked over different questions in this forum, but didn't see anything that would help me with my question. My ex-husband and I were divorced December 2016. We had several debts that we acquired over the marriage, but there are two specific debts that I have questions about. Both of those two debts are in my name (but from when we were married) and the judge ordered that we are both responsible for half. The total for both of those debts was $10,845; so we each had to pay $5,422.50. My ex-husband seems to think he can take as long as he wants to pay his share (he sends a check directly to me since they are both in my name) and that he can pay whatever amount he deems fit. For example, his last five payments were:

5/14/18 $70.00
6/21/18 $30.49
9/13/18 $39.50
10/5/18 $25.00
6/6/19 $57.50

As you can see, in the last year he has paid me $222.49 and he still owes me a total of $4,725.01 (so he has paid a grand total of $697.49 in close to three years). My questions are:

1. When it is ordered in a divorce decree that each party has to pay "X-amount" of money towards a debt, do they have forever to pay that or do they have a reasonable amount of time to get it paid to the other person?
2. What can I do because he isn't paying me a reasonable amount or on a regular basis (you can see he went eight months without sending anything and only sent me the $57.50 on 6/6 because I got on his case)? Can I put a lien on his truck that is paid off?

Thank you for any help you provide! If there is any more information you need from me, just ask!
 


LdiJ

Senior Member
What is the name of your state? Florida

Hi! I looked over different questions in this forum, but didn't see anything that would help me with my question. My ex-husband and I were divorced December 2016. We had several debts that we acquired over the marriage, but there are two specific debts that I have questions about. Both of those two debts are in my name (but from when we were married) and the judge ordered that we are both responsible for half. The total for both of those debts was $10,845; so we each had to pay $5,422.50. My ex-husband seems to think he can take as long as he wants to pay his share (he sends a check directly to me since they are both in my name) and that he can pay whatever amount he deems fit. For example, his last five payments were:

5/14/18 $70.00
6/21/18 $30.49
9/13/18 $39.50
10/5/18 $25.00
6/6/19 $57.50

As you can see, in the last year he has paid me $222.49 and he still owes me a total of $4,725.01 (so he has paid a grand total of $697.49 in close to three years). My questions are:

1. When it is ordered in a divorce decree that each party has to pay "X-amount" of money towards a debt, do they have forever to pay that or do they have a reasonable amount of time to get it paid to the other person?
2. What can I do because he isn't paying me a reasonable amount or on a regular basis (you can see he went eight months without sending anything and only sent me the $57.50 on 6/6 because I got on his case)? Can I put a lien on his truck that is paid off?

Thank you for any help you provide! If there is any more information you need from me, just ask!
Generally its expected that the person would make half of the actual payment due on the debt. If he is not paying at least that, then you need to take him back to court for contempt, and make sure that the judge includes that he is responsible for his share of the interest that is accruing on the debt.
 

Ohiogal

Queen Bee
Generally its expected that the person would make half of the actual payment due on the debt. If he is not paying at least that, then you need to take him back to court for contempt, and make sure that the judge includes that he is responsible for his share of the interest that is accruing on the debt.
You can't say this. You don't know what the payment is and it is a reimbursement to OP not to the debt collector who ex has no duty to. Unless there were payment terms in the decree, YOU ARE SO WRONG and should really shut up.
 

Litigator22

Active Member
My ex-husband and I were divorced December 2016. We had several debts that we acquired over the marriage, but there are two specific debts that I have questions about. Both of those two debts are in my name (but from when we were married) and the judge ordered that we are both responsible for half. The total for both of those debts was; so we each had to pay $5,422.50. . . . If there is any more information you need from me, just ask!
Hopefully you haven't left the building as more information is necessary.

Mainly that you provide the precise language in the decree in reference to the payment of the mentioned debts. Your post is unclear. Why is it unclear?

Because you write that the court ordered that "we are both responsible for half"; that "each party has to pay X-amount". YET we are told that his sporadic payments have been made to you and (apparently) none to the creditors.

So the crucial question (as it affects your legal options) is:

Does the decree expressly order him to pay the stated one half figure TO YOU, or does it do as your writing would seem to infer: It simply allocates or assigns to each of you the responsibility of paying one half of the debts?
 

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