Legal Question in Family Law in Kentucky
Violating Property Settlement in a Divorce
I was divorced in 2008. In a property settlement agreement, my ex-husband agreed to pay me a sum of $18,000 within 1 year. We have no children together and were married for 6 years. He has not paid anything towards this obligation. The settlement language references the debt under our real estate agreement and not as maintenance. Can he file bankruptcy on this debt? What recourse do I have to get him to pay this debt?
1 Answer from Attorneys
Re: Violating Property Settlement in a Divorce
He should not be able to file bankruptcy on the $18,000. Bankruptcy laws were changed several years ago which makes it more difficult for a spouse to discharge a debt to another spouse. Your best recourse is to ask the court to hold him in contempt for not paying this debt or to garnihs his wages or place liens on his property (real and personal).