What to do if myex-husband did not pay his part of our joint debt and has since joined the military so he is now trying insulate himself by trying to use the Service Members Civil Relief Act?
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What to do if myex-husband did not pay his part of our joint debt and has since joined the military so he is now trying insulate himself by trying to use the Service Members Civil Relief Act?
I divorced my ex-husband 2 years ago and he was court ordered to pay the remainder of our joint debt on a TVand other electronics, which he kept. He did not pay what he owes and I found out when collections came after me. I filed contempt of court but he has since joined the military and is trying to use the SMCRA to keep from paying what he owes and get all debts dropped. What can I do to get him to pay the court ordered debt, as well as collect legal expenses and damages that I have incurred as a result?
Asked on March 1, 2012 under Family Law, Oklahoma
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The debts do not get dropped due to the Service Members Civil Relief Act, it just delays things a bit but he must apply to delay the court hearings and continue to appeal. The best thing to do at this point is to see where he is with this act. And then petition the court that he is trying to hide from his responsibilities by deliberately joining the military. While I understand he may have this option, the court (like in a bankruptcy) may void his petition if you can show he did this to hide assets or hide from his court ordered responsibilities.
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