Legal Question in Family Law in Utah

Divorce

In my divorce my ex-wife was obligated to pay for her car payment and visa card that I am co-signed on. She is not paying her visa and the car was repo-ed and now I am getting calls from the banks. I pay her alimony and I am wondering what my rights are as she is in contempt of court in my opnion. She was fired from her job months ago and refuses to look for work. She lives on alimony and the money she pulled out early from retirement. I can not afford alimony and her delinquent bills. What are my options?


Asked on 1/12/09, 5:32 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Divorce

She is in contempt of court. You should apply to the court for permission to pay the debts with part of the alimony payments. You should also be entitled to your attorney fees to take her back to court. You may call for a free consultation.

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Answered on 1/12/09, 6:54 pm
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Divorce

She is in contempt of court and you would have to file a Motion for Order to Show Cause which would require her to appear before the court and explain why she should not be held in contempt. If you've made the payments she's defaulted on in order to protect your credit, you would be awarded a judgment against her for whatever it is you have paid. The court may even allow you to do an offset of those payments against your ongoing alimony payments to her. Also, the court would, in all likelihood, award you your attorney's fees for having to pursue this course of action.

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Answered on 1/12/09, 6:56 pm


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