Wisconsin small claims court

[Broke_in_Wis]

I would to know if i could recover any money from my ex wife.we had a wrtten agreement that was signed us and a wiitness that i would agree to pay her 400$/wk to pay for our house notes,and after paying that for 6 months ,i found out she wasnt paying them,and now house is foreclosed.i have reciepts for the money i gave her..i moved out of the house and let her stay there.in short she kept my money and never paid the house notes even tho we had a written agreemet.

 

[JETX]

You might have a written agreement that you would give her money, but does it include a requirement that she maintain payments on the property????

If not, then she was free to do with the money as she saw fit and you won't be able to show that she was in breach.

If so, then you might have a case against her, but is it worth it???

I would suggest that you make arrangements to get the house note current (if possible) and either sell the house or try to take possession (another challenge!).

 

[Broke_in_Wis]

What the paper actually says is " I Joe Blow agree to pay Mrs. Joe Blow 400$ a week until the house note is paid up to date " and it is singed by my ex (was wife at the time) and her mother and dated. We were on a payment plan for it,and had 3 more months to go then it would have been up to date. She also did not pay the 2nd house note that we had on the house.

Now,I left her and I understand that my name is on the notes,and I am liable,but I would just like to try to recover some of the money that she took,considering that I didnt have to pay that much,shouldnt I have just had to pay the state law requiremnet of child support? Which is 200.00 a week for me?

 

[JETX]

Though you might have intended for the payments to be applied to the house note, your 'paper' doesn't actually say that is what the money is for, just that you will pay until the house is 'paid to date'.

You certainly might try to convince a court that the payments were clearly for the house, but it is unlikely in my opinion.

You might also try to 'bolster' your case. Send you 'ex' a letter, certified RRR. In it, explain your understanding that the payments were to be applied solely to the house note and mention that her not using the money for that purpose was a breach of the agreement. Ask that she apply the $400 weekly payments to the house as agreed. Close with something like, "Please let me know in writing if we didn't have an agreement that the $400 I was paying per week was to be applied solely to the house payment." If she responds that she agrees, or doesn't respond at all, you might have helped your case.