Expert: Rebecca - 10/12/2009

Question
July 2, 07 my divorce was final. My husband was ordered to pay me $300 a month plus 5% until $12,000 plus interest was paid to me for my part of our home. $2000 of that was for a truck that I had paid for and he wanted. He never paid me for the truck, so after 2 years I sold it to my son for $2000 leaving $10,000 unpaid. The first payment was due to me Sept 07, I have received approx. $1000 from him in 25 months. What do I do to get him to pay this court order? He lost 10% of his income last November due to the economy, that is scheduled to be returned to him in Jan.2010. He did not pay any monies through the court like he was supposed to, instead sending me a bank check when he did make the few payments. How does the court view this? I am willing to let him allow for what he has paid with proof, will the court agree? If there are any court costs, lawyer fees, who is responsible? Can it be rewritten at a lower amount so he can possibly readily make the payments?

Answer
Hello Candy,
Your ex-Husband is in contempt of court, you can take him  back to court and present this information to a judge. The court will view his efforts and go on his ability to paid this outstanding balance. Nevertheless, if you have proof that he has been able to pay and has not, bring the proof with you. you maybe able to garnish his wages if you prove a strong case.
Good luck
Rebecca