I am having issues collecting payment on an agreement made in a divorce decree. What recourse do I have?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
I am having issues collecting payment on an agreement made in a divorce decree. What recourse do I have?
I took upon consolidated student loan debt during marriage and it was stipulated in our divorce that my ex-wife would repay this debt via a monthly payment. Recently, collecting this payment has become difficult if not impossible. Payments have become increasingly late, and now are three months behind. What recourse do I have to collect this debt in a more reliable manner?
Asked on June 1, 2009 under Family Law, Minnesota
Answers:
S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Normally when a party violates a provision of their divorce decree, the other party can file a motion in court to seek enforcement of the agreement or even contempt of court. This would allow you to seek remedial measures. Depending on the law of your state, these can be a money judgment in which you can garnish her wages or freeze accounts, or in some cases incarceration. If these are not feasible there may be other provisions in your divorce agreement that can be modified to make up for your ex-wife's failure to pay these debts. In many divorce agreements there is a provision which allows for a party who has been wronged to get reimbursed legal fees that it cost to bring the enforcement or contempt proceeding. A more detailed review of the agreement would be in order to see if she has violated it. You should also check to see if there is a default provision in the agreement which requires you to give her specific written notice of her default before going to court.
Your best bet would be to have your divore agreeement reviewed by an attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.