The only reason I want to change the divorce decree is Because after 1 year he has not made any payments toward the credit card debt and they now are trying to garish my wages. The divorce was finalized in June of 2012. There is many things at play here for the fact that he isn't paying the right child support amount for his income reason for that is so then he would pay the credit card, but not that he isn't paying that and has barely any child support payments too low for his income. I have lawyer but she is for my custody battle can I ask to change the divorce to get payments too.
Child Custody Lawyer
No -- you can't change a divorce decree, you can move to have it vacated upon a particular set of circumstances which is extremely difficult to accomplish. If you have an attorney, she can advise you -- the divorce decree is part and parcel of a custody battle, They are garnishing your wages because they have a judgment against both of you. A creditor has no obligation to follow the terns of a decree of dissolution -- the failure to pay the credit card company arises out of a contract you or your husband signed -- the Divorce court has no power to effect the validity of that contract.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements
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Divorce / Separation Lawyer
I agree with counsel. The creditor does not care that you are divorced. As far as they're concerned you are on the hook if you were on the contract. Also, you won't be able to change the divorce, but you can file a post-decree motion addressing whatever concerns you have.
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Family Law Attorney
The attorney handling your custody case can handle this matter also. You should be asking her these questions. She can possibly file to adjust or modify support and/or file a motion for contempt or to enforce the decree.
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