QUESTION
How do I proceed when defendant has defaulted in all judgments ordered against him in a divorce?
Asked on Jan 21st, 2014 on Divorce - Rhode Island
More details to this question:
Defendant was ordered to return my vehicle in working order back in August 2013. I just received it after finding it January 9, 2014. It is smashed in the front, engine is knocking, he removed tow hitch, and damaged the tires. Also has not paid money owed from previous judgments. Now I am being sued for a property for damages he did. I repaired most and had it written in divorce he is responsible for the remaining damages. He also is fully responsible for the dogs and damages also in divorce. Will having this all in my divorce decree protect me from financial responsibility for the damages to property that were mostly from dogs?
8 ANSWERS
4 Awards
Your best bet is to visit with an attorney about filing contempt on your ex spouse...if you are successful, the ex may also be ordered to pay your attorney's fees. An attorney can look at the exact Decree and advise you of your rights and options. Thanks!
Answered on Jan 23rd, 2014 at 10:35 PM
My suggestion is that you file a motion for enforcement and sanctions. Allow the Judge to assist you in enforcing the Courts Orders.
Answered on Jan 22nd, 2014 at 8:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, it will not protect you. All you can do is file a motion for him to be held in contempt for not complying with the divorce decree.
Answered on Jan 22nd, 2014 at 8:49 PM
Civil Litigation Attorney serving Dallas, TX
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Ginsberg & Associates
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If the debt was a community debt then the creditor is not obligated to only go after your husband because he and you agreed to this in the divorce decree. Your options are seeking a money judgment against your husband for the debts he was suppose to pay and left with you "holding the bag". However, it sounds as if he has no money to satisfy these judgments.
Answered on Jan 22nd, 2014 at 8:48 PM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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If he has not followed the judgments of the court then you may take him back to court and when you prove his violations the court may award you attorney fees and costs caused by his violations of the orders.
Answered on Jan 22nd, 2014 at 8:48 PM
The division of debts owed to third parties at the time of dissolution is binding only upon the parties. The third party can look to either one of parties to satisfy the obligation.
Answered on Jan 22nd, 2014 at 8:48 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Probably not. If your name is on a lease with another person and there is damage both are responsible for the damages. You can file counter-claim against spouse in damage case, also Motion for Sanctions in DOM case.
Answered on Jan 22nd, 2014 at 8:47 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will be liable if you were liable under the law, you will have to take him back to the divorce court to force him to comply with the judgment and pay the costs he improperly visits upon you. A divorce judgment does not bind non-parties.
Answered on Jan 22nd, 2014 at 8:47 PM