Legal Question in Credit and Debt Law in Florida

Part of my divorce settlement was that my husband was to pay me $300.00 per month towards out joint debts. We were divorced 8/21/08 and he has paid nothing to me to date.

Is there a way that I could garnish his wages? He lives in Georgia now and tells me he will file for bankruptcy if I start any action towards him. Will bankruptcy dissolve his debts to me? I am paying them off myself but would like him to start reimbursing me as per the settlement.

Can I file papers myself or do I need a lawyer for this?

Thanks in advance,

Anna van Peer


Asked on 10/15/09, 3:52 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

You'd have to sue him in Georgia to get your money, and a Georgia lawyer would have to answer your question as to whether you can garnish his wages.

As a general rule, bankruptcy will not save him from his debts to you because they are marital debts, but a lawyer would have to look at your divorce papers to be sure.

It would certainly be wise to speak with a Georgia lawyer about your case.

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Answered on 10/15/09, 4:40 pm


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