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Posted: 3/8/2015 4:44:47 PM EDT
Background:

Married to her for 11 years, lived in South Dakota.
She finds internet fling in Utah.
Nasty divorce ensues. Finalized March 2014 in South Dakota.
She agrees to split payment of a loan 67/33%, She owes me $32,000. Loan is a Federal Student loan in which both names are attached to signer/cosigner.

I move to Wyoming for work, She moves to Utah to be with internet fling.
She has made no attempt to pay her portion of said loan since signing to divorce papers. I have been paying the entire monthly bill each month.

Questions:
What legal recourse do I have to enforce the terms in the divorce decree?
What state would I need to file such recourse in?
Any other advise?

Thank you.
Link Posted: 3/8/2015 4:52:06 PM EDT
[#1]
Most reputable lawyers will give you a free consult to determine the merits of your case. I'd talk to one local to you.
Link Posted: 3/8/2015 8:13:10 PM EDT
[#2]
Tough to get blood out of a stone.
Link Posted: 3/8/2015 8:21:28 PM EDT
[#3]
Eta realized this wasn't gd
Link Posted: 3/8/2015 8:23:35 PM EDT
[#4]
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Quoted:
Tough to get blood out of a stone.
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She's not poor if that is what you are inferring. Her income is roughly 83k a year. She is just a vindictive cunt over getting caught.
Link Posted: 3/8/2015 8:33:10 PM EDT
[#5]
If it's in the divorce order you can motion the court to garnish her wages, empty her account, or find her in contempt.
Link Posted: 3/9/2015 11:19:59 AM EDT
[#6]
You definitely need to talk to an attorney about this one because it is even more nuanced than a normal case due to everyone being out of state.  The out of state aspect can make service of process difficult and limit what remedies you may have if you do get service and she doesn't show up.

Generally speaking, you go to the court where the order was entered to seek the enforcement of that order.  This means that everything would have to be filed in South Dakota.  In Virginia, the filing that you would need to file would be a show cause, which essentially requires the person to come to court and provide an explanation as to why they have not been following the terms of the court's orders.  

Depending on the court rules, you will likely have to go to court and get a judgment or specific amount owed from the Judge before you will be able to actually try to utilize your collection options.  Usually they want to see something in writing from the judge saying that the money is owed and the amount before they will start the process.
Link Posted: 3/9/2015 1:57:42 PM EDT
[#7]
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Quoted:


She's not poor if that is what you are inferring. Her income is roughly 83k a year. She is just a vindictive cunt over getting caught.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Tough to get blood out of a stone.


She's not poor if that is what you are inferring. Her income is roughly 83k a year. She is just a vindictive cunt over getting caught.


Income does not equal wealth.
Even with a judgment you have to collect.
Link Posted: 3/26/2015 2:42:26 PM EDT
[#8]
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Quoted:
If it's in the divorce order you can motion the court to garnish her wages, empty her account, or find her in contempt.
View Quote


Maybe.   A court order is worth less than toilet paper.

First she'll fight the agreement and try to re-negotiate.  The court case SHOULD be about her violation of the order, but good luck finding a judge that will keep it to that.

The road to a judgement against her will be long and expensive.   And if you get one, then you have to enforce it where she lives.  

You can do it, but it will probably cost you a fortune, a headache, and a few years off your life.   Not saying don't do it- I am- but the whole system is crap.
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