If my husband owes me money from our divorce settlement that was duealmost 18 months agoand he has still has not paid, what rights do I have?

UPDATED: Aug 30, 2011

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If my husband owes me money from our divorce settlement that was duealmost 18 months agoand he has still has not paid, what rights do I have?

I was awarded a $25,000 cash equalizer for the division of assets in our divorce decree. This is an annual payment of $2,500 for 10 years. He still owes me $1600 for last year and the next payment is coming up. I need to know options if he doesn’t pay on time.

Asked on August 30, 2011 Minnesota


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am with sorry for this mess.  Sometimes the reality of compliance the order is so different from what the parties tried to make equal on paper.   But the true reality of the divorce settlementis that it is a contract entered in to between you and your ex husband and the terms of the contract are binding upon the parties.  So you can sue to enforce the contract terms.  The settlement was also probably incorporated in to the divorce decree so any violation of the decree is really a violation of the court order and a party can also be held in contempt.  It is wise for you to enforce the contract so that you obtain a judgement for the money.  The judgements are enforceable in may ways under the law.  Good luck.  

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