What can I do if my ex isn't complying with our Property Settlement Agreement?

Full question:

My ex-husband and I divorced in August 2004. Currently we have a Property Settlement Agreement signed by the Judge. To date my ex has not been compliant with some of the terms of the PSA which we both agreed and initial before the final divorce decree. i.e pending sale of the marital domicile, all expenditures pertaining to the sale of the house would be split 50/50-the house sold in 5/06. To date my ex refuses to reimburse me my half of monies spent. Twice my ex stopped paying child support until family court intervened however, our youngest son is currently a Junior in college (he will turn 23 in 1/10) whereas he resumed paying, he will not pay the COLA so he is currently in arrears. He has ignored several written request by me and my attorney to pay what's owed to me, my attorney stated it will cost a few thousand to go back to court and I cannot afford to. What recourse do I have that I can initiate on my own (without attorney)? Since 2004 to the present, is there a statue of limitation?

  • Category: Divorce
  • Date:
  • State: New Jersey

Answer:

If a divorce order isn't followed, you can file a motion for contempt in the court that issued the order. The court can enforce its orders by holding the noncompliant party in contempt. Generally, there is no statute of limitations for collecting child support arrears. However, I recommend discussing your situation with your attorney, who can review your specific facts and documents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your ex does not comply with a divorce decree, you can file a motion for contempt in the court that issued the decree. The court can enforce its orders, which may include requiring your ex to comply or facing penalties for noncompliance.