What can we do to enforce a divorce agreement for unpaid money?

Full question:

My wife told me of a divorce agreement with her last husband where he was suppose to pay her $10,800.00 over a period of 7 years and it was to be paid in full on August of 2002. She has not seen a dime of it. She told me that there was a lien placed on a piece of real estate he owned so in case he sold it she would get the money back. I just looked up the property and found that it was sold back in December of 2007. What can we do now to get her money? Her ex-husband is a real estate sales professional.

  • Category: Contempt
  • Date:
  • State: Florida

Answer:

If a court order isn't followed, you can file a petition for contempt in the court that issued the order. This petition requests the court to enforce compliance and may seek compensation for losses caused by the failure to comply. Courts have ongoing authority to enforce their orders, including holding the noncompliant party in contempt.

If your wife's ex-husband has not made the required payments, you can file a motion for contempt. The court will consider all facts and documents involved in the case. Additionally, you may prepare a Judgment on Rule for Contempt, which is a judgment form ready for the judge to sign, to streamline the process. You will also need to file a certificate of service with the petition to show that it was served on the opposing party.

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

In general, a spouse cannot unilaterally take money from the other after a divorce. However, if there are court orders regarding division of assets or spousal support, those must be adhered to. If one party fails to comply, the other may seek legal recourse through the court to enforce the agreement.