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 answer will depend on the financial statements submitted in the divorce and whether the allocation of the credit card debt included charges for legal fees. If the order isn't clear, it may require petitioning the court for clarification. When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.
If the former spouse fails to maked required payments, it is possible you may file a motion for contempt, and then it will be a matter of subjective determination for the court, based on all the facts and documents involved. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition 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.
