Legal Question in Credit and Debt Law in Iowa
I have been divorced for six years. In the divorce decree, debts were equally divided. I have paid off all my debts. However, my ex-wife is responsible in the decree to pay back a loan to my mother in the amount of $5000. Right after our divorce, she made two $100 payments to my mother but none since then, so the balance is approximately $4800 still owed.
--Would I be able to take my ex-wife to small claims to retrieve this money for my mother?
--Would my mother have to file small claims?
--If so, would I/my mother file for that in the county my mother resides (lives in Nebraska), the county my ex now lives (in Iowa), or in the county where the divorce decree is filed?
--Could we bypass small claims all together and just have this dealt with when my ex and I go to court in December regarding modification of custody?
1 Answer from Attorneys
Since the payment to your mother is the subject of a court order, it does not obey the usual rules regarding collection of debts and the appropriate thing to do would be to make sure your attorney raises the matter when you go before the court regarding modification anyway.
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