Forcing ex to pay his half of student loan obligation

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Forcing ex to pay his half of student loan obligation

Our agreement states that we’ll share the cost 50/50. The loan is in my name but I’ve paid my half. I’ve been trying to get him to pay the rest off. He keeps asking for more info and then just ignoring the situation. How can I force him to pay his half? I’m still making monthly payments.

Asked on April 29, 2018 under Family Law, New Hampshire

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

I assume that when you say "agreement" that you are referring to your divorce decree.
If that is the case, you can pursue contempt of court against your ex for his failure to comply with the terms of your divorce decree.
For contempt of court, you will need to file with the court an Order to Show Cause (for a hearing).  Call the court clerk to schedule the hearing.  Include the date/time/ department of the hearing on your Order to Show Cause.  You should also file with the court your declaration signed under penalty of perjury stating the facts in support of your contempt of court claim.  Also, file any supporting documents or other evidence.  You will also need to file a proof of service (court form).  After filing your documents with the court, mail a copy to your ex so that he has notice of the hearing.  The proof of service verifies the date of mailing.
Prior to filing your documents with the court, ask the court clerk if any additional documents are required for a contempt of court claim because the required documents may vary from state to state.


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