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