Legal Question in Family Law in Missouri
contempt of order
My ex husband was ordered to pay a bill that was in my name only. It was a part of our divorce decree. It hasnt paid it and now the company is threatening to sue me. They say they can't accept the order that I have and I am responsible. How do I go about getting him to pay and getting the company to leave me alone?
2 Answers from Attorneys
Re: contempt of order
As you may already know, the creditor is correct and you should pay the bill. Hopefully, your Separation Agreement and Court Order also contain a "hold harmless" clause so that you can recover the money you pay to the creditor from your ex-husband. However, the creditor was not a party to the divorce and does not have to rely uppon your ex-husband to pay. If you can prove that your ex-husband is able to pay the bill but intentionally refuses to do so, then you could file a Motion for Contempt and obtain some assistance through the Courts. When I agree to handle such a case, I require a retainer fee inthe amount of $1500, and I believe that other attorneys would require a substantial retainer as well. So, if the amount of the bill is large enought to justify this kind of expense, plus the inconvenience and effort of going back to Court, then you may want to proceed.
Re: contempt of order
Under the facts you describe, you will likely have to pay the bill and sue your ex for recompense, under the divorce Court's Order. That order did not excuse your obligation to the creditor, unless they were a party to the divorce suit. Therefore, you still owe them and he then owes you.
Good Luck