What to do if myex-husband did not pay his part of our joint debt and has since joined the military so he is now trying insulate himself by trying to use the Service Members Civil Relief Act?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if myex-husband did not pay his part of our joint debt and has since joined the military so he is now trying insulate himself by trying to use the Service Members Civil Relief Act?

I divorced my ex-husband 2 years ago and he was court ordered to pay the remainder of our joint debt on a TVand other electronics, which he kept. He did not pay what he owes and I found out when collections came after me. I filed contempt of court but he has since joined the military and is trying to use the SMCRA to keep from paying what he owes and get all debts dropped. What can I do to get him to pay the court ordered debt, as well as collect legal expenses and damages that I have incurred as a result?

Asked on March 1, 2012 under Family Law, Oklahoma

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The debts do not get dropped due to the Service Members Civil Relief Act, it just delays things a bit but he must apply to delay the court hearings and continue to appeal. The best thing to do at this point is to see where he is with this act. And then petition the court that he is trying to hide from his responsibilities by deliberately joining the military. While I understand he may have this option, the court (like in a bankruptcy) may void his petition if you can show he did this to hide assets or hide from his court ordered responsibilities.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption