questions & answers

Question: Divorce decree states my ex is to pay half of a credit card bill either in monthly payments or half of the balance. He is not paying me or the credit card company. The only payments he made were during the time we still lived together. I deducted his half of the payment from my half of the monthly bills. How can I get the court to enforce what is on the decree? Also, I no longer reside in the state of Arizona and do not have money for an attorney. Thank you.

Answer: This a sticky problem that divorced couples frequently encounter.  While the divorce court's division of debt is binding between you and your ex, it is not binding on the creditor.  However, Arizona Revised Statutes, Section 25-318 gives family court the power to transfer property belonging to your ex to you if he fails to pay debts that have been assigned to him in the dissolution decree.  Court action would require you to file a petition in the court asking the judge to enforce the terms of the decree.  You may want to at least discuss the issue with an attorney familiar with Arizona family law.  There are 3 programs in Arizona that you can use to get some inexpensive legal advice and guidance.  One is the Modest Means Program.  For a $75.00 fee, the Modest Means Program will arrange a one hour consult with an experienced attorney.  The telephone number is (866) 637-5341. Both the Maricopa County Bar Association and the Pima County Bar Association have lawyer referral services that offer a 30 minute consult with an experienced attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consultation for a fee of $40.00. The telephone number is (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute consultation for a fee of $35.00.  The telephone number is (520) 623-4625.  Since you live out of state, you may be able to arrange for a skype telephone interview with the attorney.