What to do if my ex-husband failed to pay a bank loan and a credit card over $20,000?

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What to do if my ex-husband failed to pay a bank loan and a credit card over $20,000?

My ex failed to pay the debt stated on my divorce settlement. The bank sued me because the loan was only under my name and I agreed to pay over 65 monthly payments in which 13 payments have been made so far. How can I make him pay these debts and will I be able to get reimbursement for the lawyer’s fee and payments I’ve sent so far? Is there a time frame in set in which I can still file a lawsuit against him? My divorce was finalized about 3 1/2 years ago.

Asked on January 13, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

This is one of the most common problems that occurs after a divorce is finalized.  You do indeed have some options here.  First, your divorce agreement is a contract between you and your ex husband so you have a right to sue him for compliance or breach.  You can sue hi for the money that you have paid.  You can try and sue him for the legal fees although it may not be something that you can recover.  You can also make a motion for contempt of the court order but there is a statute of limitations that is shorter for that relief.  The statute for breach of contract is generally a lot longer.  Check that out.  Good luck.


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