Legal Question in Family Law in Colorado
In my divorce, my ex-wife agreed and signed the settlment papers agreeing that half of our debt together would be hers. She has not paid anything since the divorce. Is the right proceedure to ask the court to find her in comtempt? Or do I sue her in small claims court and then proceed to garnish her wages? Or what would you suggest?
1 Answer from Attorneys
Debt is a contract agreement with the lender. Sole responsibility for what was a marital debt can only be enforced if the lender agrees to the change. The Court cannot unilaterally change contracts in most circumstances. However, she can be held in contempt by the Court and ordered to pay the lender with interest. Consider carefully. Can she make payments? If she cannot then you may be spending money for Court and attorneys' fees with no ability to be repaid.