What can I do to get the right settlement amount from my ex? 15 Answers as of May 25, 2011

My ex husband owes me a substantial amount of a settlement that he does not want to pay. What can I do and what are my rights to enforce it?

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Bloom Gates Sigler & Whiteleather, LLP
Bloom Gates Sigler & Whiteleather, LLP | Matthew Shipman
If you have a settlement coming from a dissolution/divorce action, you should file an action with the original trial court to enforce the payments. You can likely recover your attorney fees if your husband is not obeying the court's order.
Answer Applies to: Indiana
Replied: 5/25/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Hire the best matrimonial attorney you can find and sue him for divorce and include a demand for whatever you want from him. Most spouses don't want to pay, but eventually, they realize it's a losing battle fighting over what you want - because the attorneys will eat it all up on you by the time you're through. Better to settle now and avoid the difficulties and still have something between you to split. Good luck.
Answer Applies to: New York
Replied: 5/13/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Assuming that this settlement amount was ordered as part of your final decree of divorce, you would need to reopen your divorce case to have him brought back before the court on what's called a Rule to Show Cause (as to why he should not be found in contempt and appropriately sanctioned).
Answer Applies to: Virginia
Replied: 5/13/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Sue to convert the amount to a judgment. Record the judgment. Have your court clerk issue a writ of execution to collect against his assets. Stay well.
Answer Applies to: Alabama
Replied: 5/12/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You must file a contempt motion against him in your divorce case, for failure to abide by the court's orders. You can request he pay your attorneys fees if he is found in contempt. If you wish assistance please let us know.
Answer Applies to: Connecticut
Replied: 5/12/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    We can provide a collection of the debt for you. There are many ways to collect a court Judgment, and I need to know about the assets and employment of the ex spouse. We can choose from many different options that are available.
    Answer Applies to: California
    Replied: 5/12/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You don't provide enough information about what kind of "settlement" you are talking about. Those details are important to the various possible options for enforcement, so you should consult an attorney who can examine the original court order establishing you ex-husband's obligation and advise you as to the appropriate remedy.
    Answer Applies to: Colorado
    Replied: 5/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on what type of settlement you are referring to and the language of your divorce decree. Any debt related to property may be collected by reducing the amount owed to a judgment and collecting it through garnishments and liens.
    Answer Applies to: Minnesota
    Replied: 5/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    If the amount he owes has not been reduced to a judgment, you may need to file a motion to have that done. With a judgment there are various collection actions you can take that a collection attorney, or possibly a collection agency, can help you with.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Your best bet would be to retain an experienced Family Law Attorney to seek to enforce that obligation.
    Answer Applies to: California
    Replied: 5/11/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, you can file a motion for contempt if it is related to support. If not, you may file a motion for a judgment and then execute on the judgment.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If you have a judgment, you can garnish his wages or his bank account. You can seize his property.It's not clear what you were awarded and what he has not done,but the court has inherent power to enforce it's orders. See an attorney. Good luck.
    Answer Applies to: Washington
    Replied: 5/11/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    If the settlement is part of your separation agreement and judgment of divorce, then you can file an action for Contempt in the Probate and Family Court.
    Answer Applies to: Massachusetts
    Replied: 5/11/2011
    The English Law Firm
    The English Law Firm | Robert English
    In California, you might consider an action for contempt of court.
    Answer Applies to: California
    Replied: 5/11/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    I would be happy to assist you in forcing him to pay. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
    Answer Applies to: New Jersey
    Replied: 5/11/2011
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