Can you file a judgement against your spouse for not honoring a support payment that was in the divorce decree?

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Can you file a judgement against your spouse for not honoring a support payment that was in the divorce decree?

My spouse has a support obligation for the second mortgage on our home, however, I am making the payments; he’s threatening to file bankruptcy. I don’t care about any of that I just want my money back, I am able to afford the payments.

Asked on November 16, 2010 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well there are two things that you can do here depending on what you want.   First, you can bring a proceeding to enforce the judgement (and for contempt) to force him to pay and ask for a judgement for the money you paid that was his obligation.  Or you can bring a motion for the money you paid (and a judgement if he can not pay) and to modify the judgement of divorce as to the second mortgage obligation but you must be able to receive something in return.  In order to figure that out one would need to read your agreement.  See what the bottom line is for you. I would bring it to an attorney to review. Good luck. 


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