QUESTION
How could I get copies of a required post-divorce payment?
Asked on Jun 11th, 2015 on Divorce - Florida
More details to this question:
I'm required to pay 50% of a monthly loan payment as a result of my divorce decree, and the loan is my ex-wife's name. I would like to receive a copy of the monthly statement, and contacted my ex to ask her to provide me with a copy each month, or to contact the loan company and add my name to the "permissions", so that I could request a copy myself. She did not/does not respond to any contact from me. I really need a copy of the monthly statement, so that I'll have record of payments made, balance remaining, and so that I can also confirm that my ex is, indeed, paying her 50% each month. I no longer have an attorney on retainer, and am wondering if I would be able to send a short letter (Pro Se) to the judge who presided over our divorce, asking for his help and suggestions.
6 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It will be substantially easier if you simply Keep copies of all monthly payments and do your own accounting.
Answered on Jun 11th, 2015 at 5:05 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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This should have been provided for in the decree (property settlement). You should not send letters to a judge. You can make a motion to the court asking for an accounting and asking to have monthly statements provided until the loan is paid.
Answered on Jun 11th, 2015 at 5:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The judge will not usually give you any suggestions. You could move for an Order requiring her to provide the statements to you. It might be in the form of a motion to amend the judgment. Get back in touch with your lawyer: it's almost always worth it. Good Luck.
Answered on Jun 11th, 2015 at 12:45 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I would suggest you contact the loan company asking that the monthly statement be sent to you and provide them with a copy of the document which requires you payment to them.
Answered on Jun 11th, 2015 at 12:21 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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You can not have ex parte communications with the Judge. You must file the proper paperwork and serve your ex wife with a copy. Depending on how the Judgment is worded, you may be able to subpoena the records directly from the credit card company.
Answered on Jun 11th, 2015 at 11:51 AM
You can go back to the Judge and ask for an Order requiring your ex to sign an authorization authorizing the lender to release the information to you.
Answered on Jun 11th, 2015 at 11:26 AM