Legal Question in Family Law in Illinois

I am not receiving monies for a debt agreed to in divorce settlement. How can I

Hello. Thank you for your time.

I was divorced in Oct 2003. The settlement states that my ex owes me $3500 from cc debt, plus 50% legal fees. The CC debt is in my name alone. The settlement states that my ex should either 1) put the debt in his own credit card or 2) pay immediately. I pursued #1, but his credit is terrible and no CC company would accept a transfer. Instead, my ex agreed to give me a monthly payment as he did not have the funds to pay all immediately. At the time, this seemed to be the only way I would get paid and it worked for awhile. This monthly agreement was not in the divorce settlement. He was unemployed and has not paid a dime in 8 months. He is now working and I need to enforce this debt. He will not return my phone calls. How can I get my half of the debt? Can I make him pay the entire debt all at once? I have paid the minimum payments on the cc to maintain my good credit.

I am concerned about completing losing contact with my-ex. And I am concerned about paying an attorney for filing a judgment and still not collecting the debt.

Please advise my options.

Thanks!!


Asked on 12/06/04, 10:33 pm

1 Answer from Attorneys
Kevin Plachta The Law Office of Kevin F. Plachta

Re: I am not receiving monies for a debt agreed to in divorce settlement. How ca

As you stated in your post--you are concerned about paying an attorney and not being able to collect on the judgment and that is a legitimate concern.

Yes you can ask him to pay the entire balance in full.

The only answer I have for you is to continue to try to collect from him. Send him letters, call him every day. The other option is to take him back to court--you could do that on your own with out an attorney, but that would represent additional court cost on your part with no promise of collecting any money.

If you wish to talk about this in greater detail please email me at [email protected] or call my office at 815-254-4719. I am willing to work with you on collecting the money owed to you with no up front costs to you.

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Answered on 12/07/04, 2:02 pm


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