Legal Question in Family Law in New York
enforcing divorce agreement to pay debt
How can I get my ex to honor her agreement to repay a student PLUS loan taken out by me for her daughter? My ex agreed in the settlement to repay this Sallie Mae loan in monthly installments over a year ago and has made only a couple of payments to date. Thank you.
1 Answer from Attorneys
Re: enforcing divorce agreement to pay debt
Depending on the language of the Judgment of Divorce, you can sue him in either the Family Court or the Supreme Court. First, send him a letter Certified Mail, RRR, demanding payment, quoting the clause, and documenting the expense. Advise him that you will also be seeking counsel fees.
I generally place a counsel fee clause in my settlement agreements, whereby if either party has to go to court to enfore the agreement, and prevails, then the other party must pay your counsel fees.
Hope this helps.
www.BravermanLawFirm.com
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