Legal Question in Family Law in Minnesota
Failure to comply
Our divorce decree states that we agreed to split the debt. I assumed all the credit cards up front, in return, I was to receive 1/2 of a large settlement from my ex. She now moved out of state to avoid paying me and bought a house with the money. What kind of recourse do I have? Is she considered to be in contempt of a court order (our divorce decree). What is my next step to try to retrieve this money?
3 Answers from Attorneys
Re: Failure to comply
I do not understand why her obligation to pay you was not secured. At any rate, you will have to request that a judgment be entered against her and that judgment could be registered in the state and county where she now resides. Contempt is generally not available for settlement payments. You are in a creditor/debtor relationship.
Re: Failure to comply
The divorce decree, and her noncompliance therewith, does give you recourse. She may potentially be in contempt of court. I am handling a case right now in which the defaulting spouse was threatened with contempt, and came forward to resolve the matter voluntarily. Please feel free to email me at my website www.divorcelawyermn.com or directly at [email protected] to discuss this further.
Re: Failure to comply
We would first threaten to take her back to court if she doesn't pay. If that doesn't work, we would go back to court and ask the judge to make her pay and that a lien be placed against her new house to secure payment. We may have to register the new order in the State where she lives in order to make it enforceable. Please contact me if you want to discuss this further. We offer a free initial consultation.
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