More details to this question:
My ex-wife and I have been divorced since August of 2009. In our final divorce decree, she is responsible to pay for her Chrysler Pacifica and I am responsible to pay for my Monte Carlo. I have recently returned from a year long deployment to Afghanistan to discover that she had authorized her loan company to debit her car payment from my account starting in February of 2010. I had asked the bank to remove her name from the account prior to my deployment but they would not since the divorce decree did not arrive at my house until after I was already deployed. The total amount of funds that came out of the account was around $2500. She is currently a resident of Minnesota and I am a resident of Colorado Springs. The divorce was finalized in Wisconsin. Who would have jurisdiction? What can I do?
3 ANSWERS
You most likely need to hire an attorney in her jurisdiction in Minnesota. They will file the judgment there and then file a motion for contempt or enforcement against her in the county she lives. That way the court can order her wages garnished or whatnot as a result of the ruling, if it is in your favor. You could file where you live, but that court would have no jurisdiction over her - so could not order her wages garnished to pay you back. If you want to be paid back, you would file where she is. You may not have to be present for the hearing if your attorney is able to argue it for you or ask that you appear by phone. Best of luck to you.
Answered on Apr 21st, 2015 at 10:42 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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You can hire an attorney to file contempt here.
Answered on Apr 15th, 2015 at 7:54 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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The first step is to talk to a skilled family lawyer wherever you are. In general, the state where you obtained the divorce would have jurisdiction. But you may also be able to obtain jurisdiction in the stage where she lives, and possibly where you live.
Answered on Apr 15th, 2015 at 1:13 AM