Q: I recently went thru a divorce in Az..In the decree we were ordered to split the debts owed
My ex isn't paying his share of debt ordered in our final decree.I have wanted to file contempt but there's no contempt papers on debts owed all I get is contact a lawyer..I'm not sure why cause it's a contempt on what the judge ordered...Can anyone explain this to me where I go from here
A:
I certainly understand your frustration because it seems like contempt should be the right vehicle for your situation.
The answer to your question is complicated and confusing: Property division (which includes the allocation of debts) are not enforceable by contempt proceedings. They can only be enforced by a Petition to Enforce. This is because Arizona's Constitution prohibits throwing someone in prison for non-payment of debts.
Therefore, in multiple cases, Arizona's Supreme Court and Court of Appeals have held that contempt proceedings are improper for trying to force someone to pay a debt they are ordered to pay in the Divorce Decree. (I point out that ARS 25-318(P) specifically references contempt for non-payment of debts, but that's not the current accepted interpretation of Arizona's property statutes).
Realistically, one imprisonment is off the table, there's not much difference between enforcement and contempt. So I recommend you consider filing the Petition to Enforce.
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