Hi all. This one is kind of an update to a previous post. I have been divorced for about a year now and my ex and I bought flooring on my Home Depot Card, which is in my name alone. Our divorce decree states that we each pay 50/50 on the 15th every month until it’s paid or she can pay her amount earlier, but she suddenly stopped paying with 4 payments to go. It’s about $600 total that she’s responsible for, which is small potatoes. I paid the first of the 4 missed payments so I don’t ruin my credit. My lawyer advised that I pay all 4 payments and then try to see if she will respond on the amount owed; otherwise, further action may be needed. Does this seem sensible? It stinks being stuck with it even though it’s not a lot of money. Thankfully, it’s 0% interest, so that’s not a concern.
Why is she paying on something she’s not using?
Phoenix said:
Why is she paying on something she’s not using?
It was likely debt incurred during the marriage that contributed to both parties. It’s a credit card. That said, unless he wants to tank his credit, OP needs to pay it himself. He can then decide if trying to force her to pay is worth the legal fees.
Just pay it off and move on.
Pay it off so it doesn’t affect your credit.
Just let it go. It’s a small amount to be worried about, and it sounds like you made out well by getting rid of her.
You can perhaps hold her in contempt and make her pay the court and lawyer fees?
Peyton said:
You can perhaps hold her in contempt and make her pay the court and lawyer fees?
Holding someone in contempt over $600? Y’all are so quick to ruin people’s lives on this app.
@Tan
Yeah, you’re right; it’s a small amount. I mean, it can be used as leverage to get her to pay without filing for contempt, I suppose. I filed contempt for $4k, and it seemed extreme, but my ex was denying he owed it. It did get him to pay, and he had to cover all the filing fees, sheriff service fee, etc.
@Peyton
I just see so many people on Reddit advising others to divorce, file for contempt, get restraining orders, or seek full custody. It’s shocking to see the lack of grace. People are going through real-life situations, with losses on both sides.
If that’s the agreement, hold her to it. If you back down, she’ll just keep doing this. Small claims court should be all you need.
NAL.
Had a similar situation with my ex. I think he forgot to pay a couple of months, and it simply wasn’t worth spending thousands on my lawyer to drag him back to court to pay his half. I just paid his share and went on with my life. He was also kind when I couldn’t pay my share of a bill one month. He didn’t say anything, so in return, I paid twice as much the next two months. Divorce really sucks, but anything you can do to move on without spending on lawyers is a good thing. You could go to court over this, but legal fees could end up higher than the amount she owes.
Pay it, make sure you can prove you paid, and then have your attorney handle it from there, getting the court to order her to pay you back.
Do what your lawyer advises. Just pay it, then move the court to hold her in contempt for non-payment.
Finn said:
Do what your lawyer advises. Just pay it, then move the court to hold her in contempt for non-payment.
This is really all you can do… if you want to preserve your credit.
Pay it yourself, but document it, including sending reminders that she still owes X amount. Tack that owed amount on for resolution if you have to go back to court. I have a whole folder of documentation for a possible future contempt hearing that will likely never happen, but it helps paint a picture if I ever need to go back to court.
Yes, pay it, then file for reimbursement through the court. That’s the best way to go about it.
Listen to your lawyer’s advice. If you have concerns about what the future holds, ask them what to expect.
File a motion with the court to enforce the order, and seek reimbursement for what you paid in advance. You should also seek attorney’s fees. Or, before doing that, inform her that you will file such a motion and will seek attorney’s fees as well, which could end up costing her more.
Let it go. Between lawyers and stress, it’s not worth it.