Legal Question in Credit and Debt Law in New York
Collecting money owed from ex-husband.
My ex and I have paid off a balance to the I.R.S. in our seperation agreement we split the cost, but I have not recived almost 3,000.00, his half. I have had my accounts frozen ectera. We have been divorced almost a year. How do I go about retriving the money?
2 Answers from Attorneys
Re: Collecting money owed from ex-husband.
You may file a claim in Small Claims court for amounts up to $3,000. The clerk will fill out the reuired forms and mail the summons to the other party. The fee is $20,which will be recovered if you prevail. Be prepared to provide documentation of the agreement which the other party breached (the separation agreement) and receipts for amounts you have paid.
Re: Collecting money owed from ex-husband.
Yes, the local small claims court might be an easy way to collect this.
If your Separation Agreement contains a clause adding attorneys fees in the event of breach, it might be worthwhile for an attorney to pursue it in the action where you got the divorce judgment. You can easily make a motion to compel enforcement of your Judgment (which I assume incorporates the separation agreement), and if the court finds he was able to pay it but didn't, it could be a contempt of court which would entitle you to recoup attorneys fees.
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