In our divorce decree it was stated that he pay half of the debt. He has failed to do so and I have paid all the debt off myself. He refuses to comply to the decree. I need to know what type of papers to file and how to go about garnishing his wages.
2006-07-05 09:40:50 · 15 answers · asked by towne_2_towne 1 in Family & Relationships ➔ Marriage & Divorce
In our divorce decree it was stated that he pay half of the debt. He has failed to do so and I have paid all the debt off myself. He refuses to comply to the decree. I need to know what type of papers to file and how to go about garnishing his wages. He lives in a different state. And we didn't use a lawyer we did it ourselves because it was an uncontested divorce.
2006-07-05 09:53:16 · update #1
Talk to your lawyer who handled your divorce.
2006-07-05 09:42:57 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You should not have paid the full amount to begin with. You should have sent payment in to the credut cards with a letter stating what the decredd say along with a copy of said decree so the companies can pursue your ex husband for his half directly.
Depending on the state you live in you may not be able top garnish his wages, you can file a lawsuit and seek your half, and if awarded then seek restituiont from him, but you must bring in statements or canceled chhecks showing that you paid these companies.
2006-07-05 09:44:34 · answer #2 · answered by cisco_cantu 6 · 0⤊ 0⤋
You cannot garnish someones wages without a judge ordering it. You need to take him back to court in a civil suit....the judge has already ordered him to pay, so its pretty open and shut....the judge will ream him out for a few minutes and then set the garnishment in place. Thats the only thing you can do. Been there...done that. The courthouse where the divore proceedings took place can tell you the exact petition needed. Your lawyer should know as well.
2006-07-05 09:44:40 · answer #3 · answered by AstonishingAries<3 3 · 0⤊ 0⤋
I would contact your attorney who helped you with the divorce decree. Many states have a family support agency or contact the local United Way for the name of agencies who will help you.
I would expect that IF he is refusing to comply with the decree, he will end up in jail. But having his wves garnished is a very appropriate choice.
2006-07-05 09:46:01 · answer #4 · answered by banananose_89117 7 · 0⤊ 0⤋
From previous experience, you need to contact a lawyer or go back to court to have a wage garnish issued. Good Luck.
2006-07-05 09:44:50 · answer #5 · answered by Amy H 1 · 0⤊ 0⤋
you need to contact the 'friend of the court' and they will advise you of what steps you need to take. However, be warned that sometimes that doesn't even work 100%. Your husband may be forced to pay some of the debt, but as the months go by, he may begin to slack off.
It's a catch-22 situation.
2006-07-05 11:04:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Call the clerk of the court, they should be able to explain the steps you take to get the writ of garnishment and to initiate the garnishment.
2006-07-05 09:45:54 · answer #7 · answered by bigrob 5 · 0⤊ 0⤋
You're going to need a lawyer, and then make him pay your lawyer's fees also. This can be added in by the judge in the judgement. Best of luck to you..........
2006-07-05 09:44:23 · answer #8 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
File a motion for enforcement then file for contempt of court that will get him moving
2006-07-05 09:54:43 · answer #9 · answered by tp3bop 2 · 0⤊ 0⤋
Try the local Family Law office or get a private attorney to settle it.
But that's not right....get your money no matter what you have to do!
2006-07-05 09:42:06 · answer #10 · answered by Courtney T 2 · 0⤊ 0⤋