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Failure to pay debt as directed on divorce decree


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#1 chulav16

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Posted 22 February 2013 - 10:14 AM

My divorce was finalized in 2011, My ex is a memeber of the US Army, and so am I. he owes me about $13K for debt I helped pay off for him. In the divorce decree, he was to pay me back for the debt and money he owed me, which he had taken from my account, as well as payments he failed to make under my name.

I keep running into issues where he will make a payment for 3 months, then stop because he has to change bank accounts due to failure of managing his money. At this point, getting his chain of command is not an option since we are divorced. What can I do or file to make sure I continue to get payments from my ex, without having to track him down and suggest to take him to court so he can straighten up.

We do not live close from each other, and the state i filed for is his home of record. Can someone please help

#2 Guest_FindLaw_Amir_*

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Posted 22 February 2013 - 10:36 AM

You may want to read about Civil Contempt of Court and Garnishment of Wages as a good start to address your concerns.

#3 pg1067

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Posted 22 February 2013 - 01:03 PM

What can I do or file to make sure I continue to get payments from my ex, without having to track him down and suggest to take him to court so he can straighten up[?]


When a divorce decree/judgment contains ongoing financial obligations of the sort you described, when the obligor fails to perform those obligations, the obligee has two primary avenues of recourse: (1) seek to have the obligor held in contempt of court; or (2) enforce the obligations pursuant to the applicable state law. It is possible that you can have his wages garnished, but you will want to seek assistance from a family law attorney in the applicable state who has had some experience dealing with servicemembers because various hurdles exist for servicemembers that don't exist for private sector employee parties.




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