I am divorced and during the mediation my ex accepted to pay the house payment as well as a credit card loan and a personal. My name is stil...

Question

I am divorced and during the mediation my ex accepted to pay the house payment as well as a credit card loan and a personal. My name is still attached to all three of these and she can't refinance the house. She is now getting behind on all three of the payments. Can I have her wages garnished to have them paid?

Answer

You can only have her wages garnished if you obtain a judgment against her. To do that, you would have to get the payments on the obligations caught up yourself and make demand that she pay you. If she doesn't, you would then have to take her back to court on what is called and Order to Show Cause where you would ask the court to hold her in contempt for her failure to maintain the payments and to ask that the court award you a judgment for the amounts you have paid. You would also have the right to request that she pay your attorney's fees in the event you have to take these steps. The attorney's fees award would be added to the judgment.