Legal Question in Family Law in Georgia
Husband and wife borrow $40,000 from wife�s parents to put a down payment on a house. In the divorce papers wife gets the house (and all equity etc) and both husband and wife are required to pay $20,000 back to the wife�s mother (at $200 a month). Marital debt (credit card debt) was divided and husband had to pay back twice what the wife had to. After divorce husband filed to bankruptcy. The $20,000 could not be included in the bankruptcy because it was part of a settlement agreement. Husband did not have an attorney during the divorce, wife did.
Is there anything that can be done to undo this unfair agreement?
If not, what happens if husband stops paying? Can they make husband pay all of it back at once? If they garnish wages what happens if husband doesn�t have a job?
2 Answers from Attorneys
Property settlements cannot be changed. When someone is foolish enough to try to save a few dollars and not hore counsel in a divorce, one must bear the consequences.
If the $20,000 is not discharged, the mother should continue to receive $200 monthly payments. If the husband breaches the agreement, she can sue for breach of contract. Once she obtains a judgment, the mother can garnish wages and/or place a lien on his assets.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
