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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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My ex-husband has not paid child support for 4 years and now

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My ex-husband has not paid child support for 4 years and now owes about $40,000. Since the divorce he has accumulated about $20,000 in Ohio teachers retirement. Now he is facing jail. Can we make an agreement that I will drop my enforcement of jail if he gives me this retirement when he retires. Would a post decree Division of Property Order be able to be enforced in a court of law?

It would be possible to accomplish what you are discussing. You would need to prepare

a stipulated modification to your final judgment detailing the exchange of current support in exchange for ownership of his retirement account.


While it would be prudent to have an attorney draft the paperwork, it would be possible to do it on your own. The stipulation would need to provide sufficient detail so as to be easily understood by all parties. It would also need to be signed and notarized by you both. Upon completion, it would be forwarded to the judge for his signature as well. Once the judge has signed off on it, the document would be an official court order, binding on you both.


Please let me know if anything requires clarification.


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