Legal Question in Family Law in California
Debt collection from former spouse
In my divorce decree it was ordered that my ex-spouse pay half of all debts that were incurred during the marriage. How do I proceed to collect these payments from him? The debts amount to about $6500.00.
Thank You
1 Answer from Attorneys
Re: Debt collection from former spouse
Good question. It is not as simple as you may think. Some of your options include converting the divorce judgment to a civil judgment, obtaining a small claims judgment (for $5,000) or filing bankruptcy. You could also seek contempt of court, but this is not recommemded as it will probably accomplish nothing. If you convert or small claims him, then you can do a wage garnishment or bank account attachment as well as put a lien on his property. However, if he is already paying support, then the wage garnishment idea is out, and if you do not believe you can get any money out of a bank account, then you can file bankruptcy and discharge your obligation to pay the debt--this will at least get the creditors off your back and your ex will still owe you for any amounts you have paid.