AllExperts > Divorce Issues 
Search      
Divorce Issues
Volunteer
Answers to thousands of questions
 Home · More Divorce Issues Questions · Answer Library  · Encyclopedia ·
More Divorce Issues Answers
Question Library

Ask a question about Divorce Issues
Volunteer
Experts of the Month
Expert Login

Awards

About Us
Tell friends
Link to Us
Disclaimer

 
 
 
 
About Kindred Beisinger penname K D Elizabeth Beisinger
Expertise
I can answer general questions regarding separation, property, and some custody questions. I cannot answer legal questions or specific questions pertaining to individual states and counties. I can offer support through the pending time, as well as offering assistance and ideas as you move on as a single individual. I can tell you how to avoid repeat pitfalls and help you learn to leave old baggage out of new relationships. I can help you work through the contemplative time of "what if" and "if only." I am able to offer advice in dealing with unnecessary guilt, undeserved judgment, and share insight as to discerning between concerned friends, family and coworkers and nosey gossips.

Experience
I have been divorced more than once and am now married to my soulmate. We are living the exact life we both wanted to build 30 years ago, long before we ever met. Well actually it's better than I had dared hope.

 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Divorce Issues > Liability-recovery

Divorce Issues - Liability-recovery


Expert: Kindred Beisinger penname K D Elizabeth Beisinger - 10/16/2009

Question
I have recently divorced to accommodate my exhusbands needs.  He was supposed to take over 20,000 of our debt on a line of credit.  He had a plan to do so and signed for this debt on the divorce decree.  At the last minute he decided to make minimum payments only til debt paid off.  He made 6 payments then stopped.  I am filing a contempt of court against him which will be placed on his credit report.  I can only file for the payments I make.  If I cannot even hope at some possbility of recovering the payments  made in good faith then of course I will look at the bankruptcy option.  As it is if I have a hope of recovering these payments I can barely scrape by while doing so.  I think it is worth it to make a man pay his debt.  I am not his mother and do not feel my credit rating or life should suffer by his attempts to control me even after a divorce he wanted.  My question is after I show contempt for the judge's order and prove monies owed me am I able to pursue this debt in small claims court and eventually garnish him?  Thank you for your time.  Also, where can I find instructions from an expert.

Answer
Dear Laurie,
I'm sorry for what you are going through.  I certainly don't want to discourage you, but small claims or even contempt of court in divorce documents often result in a judgment in your favor, but that still doesn't actually make the payment or result in collection.  Even if you get a judgment, that doesn't mean he will pay.  He may just allow the judgment to affect his credit rating, etc.  I would suggest this.  Take it back to the divorce court first, before filing in small claims court.  If he's found to be in contempt, that still may not pay the debt, but it may be something to keep you from having your credit destroyed.  Small claims court, if it comes to that, may render a decision in your favor and even offer a way to garnish his wages, but that will be at your expense.  I'm just so sorry for the situation in which you find yourself.  Unfortunately, a divorce does not nullify contracts made or obligations incurred through the marriage.
I wish you well.
Kind Regards,
KD Liz
www.eingedi.us

Add to this Answer   Ask a Question


 
User Agreement | Privacy Policy | Kids' Privacy Policy | Help
Copyright  © 2008 About, Inc. AllExperts, AllExperts.com, and About.com are registered trademarks of About, Inc. All rights reserved.