If it's obvious he can not come up with the judgment, how does the court decide how much per month he will pay?
If there has already been a judgment, in most circumstances the divorce court would not have authority to modify that judgment. As to repayment of debts in divorce generally, the standard is that there be a 'fair and equitable' division of the assets and liabilities of the parties. Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
While husband's cash flow will typically be taken into consideration in setting up any court ordered monthly payment requirement you need to remember that other collection remedies (garnishment, bank account seizure, tax refund intercept, etc.) may also be available.
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