Legal Question in Family Law in Utah

Ex has not payed debt that is stated in the decree

My ex has not paid any of the debt that he is responsible for, stated in the decree. The problem is that he previously ruined his credit so everything was put into my name. This, of course, has affected my credit. What are the actions I need to take to force him to pay up whether it be to me or to the person(s) it is owed to? and how do I get it taken off of my credit?


Asked on 8/07/01, 4:51 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Ex has not payed debt that is stated in the decree

You can have his wages garnished and you can have any propery he owns attached and sold, with the proceeds to be applied to the costs of garnishment/attachment and the remainder to the debts.

The bad credit can only be cured by payment of the debt. If you are jointly liable for the debts you will have to pay them if he does not, otherwise the bad credit will follow you and him. Contact the debtors and let them know of the divorce and make some arrangements to pay while you try to get money from him.

You can also file a statement with the credit bureaus which explains the reason for the delayed payments. This will not remove the bad credit, but will at least place an explanation on file.

Note that he cannot avoid responsibility for the marital debts through bankruptcy - he has to pay them. The only exception is if both of you file bankruptcy, then both are discharged.

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Answered on 8/08/01, 10:05 am


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