Q: Ex assumed parent plus student loan debt which is in my name in divorce. It's been 10 years. How can I enforce this

A: First you must read your divorce Judgment. In there are the exact court orders. If the judge ordered your ex to pay your student loan debt, and he/she hasn't, then you have to go back to court to enforce the judgment. If you ended up paying the student loan even though he/she was ordered to pay it, then you have to ask the judge to reimburse you. You must first send a demand letter to your ex to pay you back, or simply pay the debt as ordered which ever is the case. Ask for a response in 10 days and keep a copy of your demand letter. Then depending on how the judgment is worded, you can file a Request For Order to ask the judge to have him/her pay you back, or you can try to collect from him/her directly with various collection procedures, or you could consider a "contempt of court." It all starts by having an attorney read the Judgment and advise you which is the best way to go. Without reading the judgment no-one can give you accurate information. The wording of the judgment DOES make a difference.

When you ask a question online, like here, the answers you get are only going to be basic information, a starting point. Attorneys are trained to talk to you to find out all the important details of your story. Getting all the details is very important because it will make a big difference in the legal information given to you. It is strongly recommended that even if you get a response here on Justia, that you also talk to an attorney. Many have free first interviews. Even if you have to pay, it is worth it because you talking to a professional who is going to focus on you.

A: If the decree says your ex must pay, but isn’t, you have a contempt motion. You should have an attorney in your area review the decree and advise you.