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How Do I collect money that is owed on a credit card through a divorce???

American Falls, ID |

my ex-husband owes me money on a credit card that is in my name but the decree says he is to pay a part of the balance as was stated in the agreement of the divorce decree how can I go about getting the money as I know he is working and dragging his feet??? My ex-husband is in the town where the divorce was signed in Boise (Ada County) and I am currently in American Falls Idaho (Power County) is that a problem??

Attorney Answers 3

  1. Best answer

    The enforcement you can obrtain depends heavily upon the wording of your decree of divorce. If it was drafted by your attorney, more likely the helpful language was included.

    Enforcement of a decree of divorce is within the jurisdiction of the court which originally entered the order. The enforcement process is called contempt. A proper motion and affidavit must be filed to trigger the court's order requiring him to respond. Be aware that the language of the decree describing his duty must be very clear, and impossibility is a valid defense.

    Your most effective strategy will be to return to the attorney that represented you in the divorce. If you were foolish enough to divorce without the assistance of counsel, now would be a good tme to correct that error.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  2. You have to go back to divorce court to have him comply with the divorce decree (likely with an attorney) or get him to agree to pay with the threat of it. If he is dragging his feet the divorce or family law court may put some fire under his feet to hold up to his obligations under the divorce decree.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

  3. In most jurisdictions, enforcements of Orders (Final Decrees) are exercised by filing a Motion for Contempt. The Motion must set forth the specific provisions in the Order that are alleged to be violated and should always attach the Order as an Exhibit. The Motion must make a request to the Court as to what remedy is being sought, the time frame for performance, consequence for untimely performance and reasonable attorney fees and costs.

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