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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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my divorce agreement states that my ex husband needed to pay

Resolved Question:

my divorce agreement states that my ex husband needed to pay the remainer of the balance of the mortgage 18 months after the divorce was final. He is 4 months past that date and still has not paid the balance. How can I get him to stay with the agreement?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

The method for enforcing a separation agreement which is incorporated into a court's divorce decree typically involves filing a motion for order to show cause against the violating spouse.

The motion normally requests that the former spouse be held in contempt and even jailed until they comply with the court's order. This usually motivates parties to comply.

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Customer: replied 4 years ago.

If I type up a letter and have him sign to an agreement that he will pay the remainder of the motgage upon turning 59 1/2 does that need to be signed by a judge. do I need to hire a lawyer for this matter?

Expert:  Tina replied 4 years ago.
You cannot modify the divorce decree at this point typically. Since you already have a signed agreement as well as a court order, I'm not sure what more having him sign another agreement is going to do.

You could wait to file the motion for order to show cause after he turns 59 1/2 if he doesn't carry through on his word.
Customer: replied 4 years ago.
that would be 6 months past the agreement, would that look bad in the judges mind if I waited that long to file a motion.
Expert:  Tina replied 4 years ago.
You cannot file a motion to modify the order at this point, but could file a motion for order to show cause typically. It would not be too late to file that motion, no.
Customer: replied 4 years ago.
what does cause typically mean? can I do the motion myself or do I need a lawyer to do it for me?
Expert:  Tina replied 4 years ago.
In my original answer I explained that a motion for order to show cause is the method for enforcing the court's order. It would be best to retain an attorney or at least an experienced paralegal to assist you in drafting and filing the pleadings and preparing for the hearing.

All the best to you.

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