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    mtc8586's Avatar
    mtc8586 Posts: 1, Reputation: 1
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    #1

    Feb 16, 2008, 03:00 PM
    Getting ex to pay per divorce decree
    Yes, my question is, my ex and I had one attoroney file our divorce papers. I agreed to everything and signed it in 2003. He is to pay me a certain amount over a 10 year period. He has been late every year with the payment, and this year he has yet to pay which it was due Dec. 14th, he indicates I will have to wait awhile since he does not have the money at this time due to our daughters college titution. Since the attorney was actually his, what recourse do I have to make him pay me.
    Thank you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 16, 2008, 03:19 PM
    Take him back to court to have the judge order him to pay. Consider hiring your own attorney
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 16, 2008, 03:35 PM
    Quote Originally Posted by mtc8586
    Yes, my question is, my ex and I had one attoroney file our divorce papers. I agreed to everything and signed it in 2003. He is to pay me a certain amount over a 10 year period. He has been late every year with the payment, and this year he has yet to pay which it was due Dec. 14th, he indicates I will have to wait awhile since he does not have the money at this time due to our daughters college titution. Since the attorney was actually his, what recourse do I have to make him pay me.
    Thank you.

    It's not up to the Attorney - it's up to the Court to enforce the Order. The Attorney is long out of this.

    (In many jurisdictions both parties can no longer use the same Attorney for reasons just like this.)
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Feb 17, 2008, 08:27 AM
    Was this a court order or merely an agreement ? Is he helping your daughter with tuition ? If it were merely an agreement then you might have to sue him in civil court to have it enforced. Does it mean you will get anything.. NO. It's a judgement and you can only do so much to getting your money then the law allows. If he is paying but its just late or he waits for tax returns to pay you back and all else has been pretty smooth and he has been there for your daughter then maybe you might want to rethink your position in all of this. How much are you helping with your daughters tuition ? If it goes to family court then you may very well be opening a pandora's box. I can't speak to that but consider all your options and write them down so you can see them clearly and then consult with the proper lawyer for your needs. In the end only you can decide what's worth what.

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