My ex has not honored our settlment which was filed 2 years ago as of now. He was supposed to have a cc paid down by almost $9000 more than it currently is which is killing my credit and was supposed to sell our house within 2 years and give me the equity we agreed on but can’t sell it yet and still owes over $13,000 of that equity which he has been paying a small bit of each month. I am in an emergency situation with some recent medical and housing bills and my lease is almost over so I will be moving as well and I cannot even get a loan because of my credit/debt ratio due to the balance on this one card. What can I do to try to have our agreement enforced? Is there any way to change the terms with the credit card so that I could take possession of the card back and use it but have him pay me cash instead of the cc company?
The type of settlement document you have will depend on the way you can go about enforcing it.
If you have a separation agreement (contract between the spouses, not filed with the court unless incorporated into an absolute divorce judgment), then you would have to sue your ex-husband for breach of contract. Check out our article Breach and Enforcement of Separation Agreements in NC for more detailed information.
If you have a court order (filed with the court, signed by a judge), then you would have to file a contempt motion against your ex-husband (called a motion for order to appear and show cause).
You will likely not be able to change the terms of the credit card without violating and/or amending the separation agreement or court order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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