I live in Virginia and in my divorce I want to put that my ex is responsible for $14,000 of a loan we have. It would come out to $400.00 a month. Can I enfoce this if he is drawing disability? If its in the divorce papers does it really mean that I can take him to court for this money? Please help

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Originally Posted by tlalbert

I live in Virginia and in my divorce I want to put that my ex is responsible for $14,000 of a loan we have. It would come out to $400.00 a month. Can I enfoce this if he is drawing disability? If its in the divorce papers does it really mean that I can take him to court for this money? Please help

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It's not your choice what is in your divorce papers. This will have to be negotiated between you and if that fails, decided by a Judge as part of equitable distribution.

It's up to the creditor whether to take you off the paperwork or not - if he fails to pay, they can still pursue you and then - if the Court decides he is responsible for the payments - you would have to pursue him. The creditor may not let you off the hook and they don't have to.

Yes, if the Court decides that it would be equitable for him to repay the loan it would have to be paid from his disability income.