Texas residents and others going through a divorce may have the power to create a divorce agreement that meets their needs. However, there is no guarantee that a party to the deal will live up to its terms. If a former spouse is not paying child or spousal support as agreed, it could be possible to take legal action to have that person held in contempt of court.
Such a ruling might result in the party who is not complying with the agreement spending time in jail. It may also result in wages being garnished until a person is current with his or her payment obligations. Divorce agreements could stipulate who pays some or all the debt accrued during a marriage. However, if a debt is in a person's name, a missed payment can result in damage to a credit score regardless of who was supposed to take care of it.
This is because a creditor is not bound by the terms of a divorce agreement. Ideally, an individual will pay off the debt ahead of time. It may also be possible to refinance it into the name of the person who is responsible for paying it off. Otherwise, a person's only recourse may be to seek a judgment against whoever was supposed to make the payments.
Individuals who are going through a divorce may benefit from working with an attorney. A legal professional may advise a person throughout the process of dissolving a marriage whether it is done through litigation or negotiation. An attorney may also be able to review a prenuptial agreement or any agreement created during the marriage. This may make it easier for a couple to reach a settlement that both parties are content with.