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I need to enforce the divorce decree I have with my ex. She is not paying on one of the bills she's supposed to and lives in TX

Phoenix, AZ |

we have a joint CC that is closed and in collections for $6100... They are calling me, as they should, and i am putting off paying anything to them, as my ex should be forced to pay it. What exactly do I need to file to get ther pay docked or get her to start paying?

Attorney Answers 1

Posted

You can either make payments and seek a judgment for reimbursement from your ex-wife or you can file a petition for enforcement and contempt. However, you should first contact her to see if she will start paying voluntarily.

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6 comments

Asker

Posted

I have contacted her multiple times. She refused to pay...then a few months ago said she would finally start paying...but hasnt' and now ignores my texts and calls. I would imagine i need to try the petition for enforcement and contempt first, see if she starts paying, and then as a last resort pay it myself and seek a judgement for reimbursement afterwards, correct?

Thomas A Morton

Thomas A Morton

Posted

That is what I would probably recommend. You have documented your attempts to work with her, so that helps your contempt case.

Asker

Posted

How do i go about filing fir enforcement? I have the decree at home. Do i need to call the court that approved it?

Thomas A Morton

Thomas A Morton

Posted

If your decree is in Arizona, follow these directions: http://www.superiorcourt.maricopa.gov/SuperiorCourt/Self-ServiceCenter/Forms/FamilyCourt/fc_group_12.asp. If your decree is not in Arizona, you have to enforce it in the state that entered it.

Asker

Posted

Ok, so I was looking at this once before. I would have filed this except it says : ATTENTION: You may use the forms on this page if the following factors apply to your situation: •You have a decree of divorce or legal separation ordering the distribution of property AND, •Your former spouse will not give you property you are entitled to under the decree. Do NOT use the forms and instructions in this packet if the following factors apply to your situation: •Your former spouse was ordered to pay certain debts, and he/she did not do so (in these cases, see a lawyer for help) Which I would take to mean that they would not allow me to file for joint debt collection?

Thomas A Morton

Thomas A Morton

Posted

No, you can file to enforce payment of debt. The form just probably doesn't fit payment of debt, but you can use it as a guide to write your own petition and you can use the instructions. I don't think there is a form specifically for debt payment.

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