Legal Question in Family Law in Texas
Enforcement of divorce settlement
I was divorced in Feb 2003 and my ex was suppose to pay me $4800 since he kept the house and all the material posessions of our almost 16 year marriage. I couldn't afford a lawyer which now realize was a mistake. He made a few small payments and then stopped still owing me $3700. He claims that he doesn't owe it since I have remarried. This was a divorce settlement not any kind of spousal support. I also ended up paying the credit cards wo get the creditor from harrassing me even though he had agreed to pay them at the time of the divorce. He also sold a boat, the loan is still in my name so the bank calls me when the payments are late.
How can I make him finish paying the settlement and get the boat loan out of my name? I've called a few local lawyers but they don't return my calls. I guess there isn't enough money involved so they can't answer my questions.
2 Answers from Attorneys
Re: Enforcement of divorce settlement
I agree with Theresa.
In regard to third party creditors like the Bank, no court can make the bank take you off the loan.
No court can get involved in debts owed to third party creditors (like the bank). You owe the bank the money.
I hope you realize now why you needed a lawyer. You tried to save money and now you are suffering.
You need to file with the court contempt on your ex.
Re: Enforcement of divorce settlement
You recognize that you erred in not having a lawyer, at the time of the divorce. You need one even worse now. In a contempt action, the attorney may be able to recover attorney fees. Since this is a settlement, and not child support, you do not have the 'jail' threat, but you do have enforcement and contempt. Keep looking for a lawyer. Most will work with you on a payment plan, but be prepared to pay at least a $750 retainer.
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