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Can i make my husband do this in the divorce decree? law answers (68956)

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Q: 

Can a collection agency garnish your wages for the remaining half of a debt that was deemed your ex-husband''s responsibility in the divorce decree?

A:  Answer Yes. The divorce decree simply designates the responsibility of each spouse, it is not a legally binding agreement between the lender and the debtor''s. Therefore, the lender may use collection procedures or judgments awarded against either or both parties of a joint debt....

Q: 

My ex husband and I got a divorce 6 months ago. I am the custodial parent, and have custody of my 2 toddlers pretty regularly. However, I allow the boys to stay with their father a lot more than the divorce decree states. However, he is not so generous; and also not paying me the child support owed. I am going through a tough time; lost job, struggling financially, etc...In a nutshell, my ex and his ''fiance'' are threatening to take my kids away, although I am a very responsible, great mother. Im working on getting the child support, but my question is, what can I do if my ex husband is not following the divorce decree as written?

A:  If he doesn''t follow the divorce decree regarding child support payments, you sue him for contempt. As for the extra visitation, you don''t have to agree to anything; you have the right to tell him that, effective immediately, you are going to follow the schedule in the decree. Write him a letter (PAPER letter - keep a copy - lick a 44-cent stamp)....

Q: 

Our daughter''s ex-husband was ordered in a divorce decree to pay federal income tax liabilities as his sole and separate obligation. Instead, two months after the divorce, the IRS took the tax liability -- $700 -- from our daughter''s tax refund. Her ex refuses to reimburse her. What are her options?

A:  Unfortunately for your daughter, a divorce decree ordering one spouse to pay certain debts does not transform those debts into that spouse''s separate debts if they were originally joint debts. In many U.S. states, those tax debts are community debts owed jointly by both of them. This means that the IRS has every right to collect out of your daughter''s tax refund. Your daughter is entitled to be reimbursed by her ex, though. If he continues to refuse, her best solution may be to sue the uncooperative rascal in small claims court. Another option, albeit a more difficult one, might be for her to return to divorce court and ask the judge to modify the order in light of what happened. The judge may be willing to change...

Q: 

I received paperwork from my ex-husband''s attorney stating that my ex-husband wants to modify our divorce decree and he wants full custody of our daughter. The court date is right away, within a week after I was served. I haven''t had a chance to talk to an attorney and my ex-husband and I can''t come to an agreement. What should I do? Do I need an attorney to appear in court?

A:  If the court date is so soon that you don''t have time to hire a lawyer, then just show up and tell the judge you haven''t had time to hire a lawyer. Most every judge I know would give you at least one free pass on those grounds unless the judge thinks the child is in imminent danger. But by all means, SHOW UP. -- Lee Borden...

Q: 

Breach of elements in divorcee decree by Deceased husband

A:  Where did the ex-husband die, in what state? This is not a DIY project, your wife should get an estate lawyer to handle this. "My wife wants to claim the lot as to redress the failure of the former husband to maintain the insurance policy." Doesn't work that way, I'm afraid. She would talk with an attorney about whether she can pursue the estate for the issue of the breached decree, but she should have and should have pursued a motion to show cause why he shouldn't be held in contempt at the time. "All assets of the deceased former husband was transferred in the name of the present husband." Huh?...

Q: 

Ex got house in divorce and has destroyed my credit, I want to buy myself?

A:  Unfortunately for you a divorce decree does'nt release you from any financial obligation you had with the mortgage company that you and your ex-husband contracted with. You may be able to have an attorney strong arm him in court and force him to follow anything that was written in the original divorce decree. One person you may turn to for guidence is Dave Ramsey. (DavyRamsey.com) For anyone else who is in the process of divorce and feel they may loose possesion of the marritol residence they should insist that it be put in writing in the divorce decree that the person who is awarded...

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What is an appropriate amount of time to wait on my ex-husband when exchanging the kids?

A:  You should carefully read the terms of your divorce decree and/or parenting or visitation plan regarding your options when your spouse is late or does not show up to visit your children regularly. You may also consider filing a petition to modify your divorce decree, specifically the orders relating to visitation, if you can show a significant change in circumstances that would warrant the modification....

Q: 

How do you fill out the form "verified motion and affidavit for citation for comtempt of court" for Colorado, district court?

A:  You can have someone else serve him the notice you can go to the office in Englewood Co. not precise on the address its Aparhoe county I believe. There person serving can be anyone but you they must be over the age of 18 though. When your done serving him go to the court with the other person have they bring governement issued id. they fill this from stating where he was served the person name,date of serve who the case is against you v. ex-husbands name and the case number which is located on the front of the page. I may left one thing but if you just read the form it will tell you. Don''t ask help for female clerks advice on what to do shes wasn''t allowed to assist me....

Q: 

divorce decree as mortgage deed type? What does this mean?

A:  as long as his name is not on the mortgage he is fine- and if there is absolutely no communication between them- how do you know about this house that she purchased after the divorce? Thanks so much for your fast reply. I don''t believe that his name would be on that as they were divorced before she bought her house and he has not signed anything having to do with any purchase of any home. However, there had been some credit issues before I met him and upon his return from overseas as his x had a credit card in her name but on his credit without his knowledge that had been issued while he was overseas. I believe this would be community property in Texas because they were married at the time that she obtained the credit card. That was...

Q: 

Schedule F question

A:  mortgages that are securing real estate go on schedule D. You would mark that you want to surrender it on your statement of intent.  It is not contingent/unliquidated/disputed, do not check the box.  put the current balance as the amount. put the address of the property under the description of the collateral....