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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33102
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I think I asked this question a couple of months ago. but,

Resolved Question:

I think I asked this question a couple of months ago. but, have forgot your answer. My son-in-law and daughter borrowed 8,000$ from us acouple of years ago. We, my husband and I, did not have it, so we borrowed the money in our names from a credit union. We are still paying on that loan. Our daughter has periodically paying us back her half whic is 4,0004. Kansas where we all live is a half in half state, no fault state, when a divorce is involved. Her X husband has yet to pay back us anything on his $4,000. These two divoriced about 3 or 4 months after we gave them the loan to pay back house pyments which our daughter's name was not even on the house. His other X wife's name was on it anyway. However, if our daughter would have stayed with him they would have stayed in the house. We took him to "small claim's court. We WON ! However, we had a symthecic Judge that gave our x son-in-law 5 years to pay us. He says He will never pay us because the loan was not specific in the divorice papers. Question; Can we take him back to court hbefore the 5 years are upand get some sort of payments from him now instead of waiting out the 5 years?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 4 years ago.
His argument that "it is not specific enough in the divorce decree" isn't valid because you are relying on the small claims court.

A lot will depend on the wording of the order that the judge signed. If he just said it had to be paid by a certain date, then there isn't much you can do before then pursuant to the order.

However, you could claim that by his statements it is basically an anticipatory action since he has indicated he is not going to pay at all and you could ask the court to go ahead and enforce it rather than making you wait for years and proceeding.

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