Full question:
I was awarded the credit card and debt during the mediation agreement, prior to being awarded the CC my ex-wife charged her legal fees to the card. In the divorce decree it states that both parties are responisible for their own legal fees. She did not and has not made any payments to the credit card for two months prior to the mediation agreement. Do I have legal standing to recoup the charges?
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Texas
Answer:
The ability to recover these charges depends on the financial statements from the divorce and whether the credit card debt allocation included her legal fees. If the decree is unclear, you may need to petition the court for clarification.
If your ex-spouse is not following the court order, you can file a petition for contempt in the court that issued the order. This petition can request the court to hold her in contempt and order her to pay for the losses caused by her noncompliance. The court has the authority to enforce its orders, and if she fails to make required payments, you can file a motion for contempt. The court will then determine the outcome based on the facts and documents presented. You may also prepare a Judgment on Rule for Contempt for the judge to sign, which can streamline the process. Be sure to file a certificate of service with the petition to show that it was served on the opposing party.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.