Legal Question in Family Law in Minnesota

Re: Collecting from ex

I can tell from your message that you are clearly in a very, very difficult predicament. It is not clear from your question where your divorce was granted, or where you live now, but that makes a difference. For our purposes here, I will assume you both live in Minnesota. If that is not accurate, and you live in California, you will need to obtain assistance from an attorney in that state.

First, it does not necessarily matter where the divorce was granted. A California decree can be registered in Minnesota, and will have the same force and effect as an order entered by a Minnesota court. (The reverse is also true, by the way. A Minnesota decree can be registered in Calif.)

Second, you have more remedies available to you to enforce spousal maintenance, than you do to enforce an obligation to pay a debt. In general, the most powerful remedy for the enforcement of maintenance is a contempt motion, since the court can use its power to confine the obligor (jail him) if he does not pay, provided there is some evidence he has the ability to pay. Even if he does not have a clearly identified source of income, but has the capacity to earn a living, the court can use its contempt power to force him to pay.

This requires bringing a motion for contempt. The process is somewhat cumbersome and slow, but can be effective in the long run, provided he has the ability to pay.

The court's contempt power cannot ordinarily be used to enforce the payment of a debt, even if your spouse was ordered to pay a credit card debt he incurred during the marriage. Moreover, as you may have discovered, the bank that issued the credit card could care less who the court ordered to make payments on its bill. The bank is not a party to the divorce, and the court cannot order the bank (or any other creditor, for that matter) to release you from liability if you signed a loan or credit application. In that instance, you are generally limited to the usual "creditor's remedies" -- that is, you can obtain a judgment against him for the amount he has failed to pay, and then try to garnish wages or a bank account, or maybe levy on some property that he owns. That is a cumbersome and uncertain process, if he has little or no property that can be located and does not have a regular job where he is paid wages that can be garnished.

More information is required to provide you meaningful advice. You can call my office -- 952.285.2944 -- if you have questions or need assistance. At a minimum, you should consider bringing a contempt motion promptly.