Family Law Questions? Ask a Family Lawyer Online.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
Does your decree indicate an alternate arrangement if your spouse fails to make the scheduled payments?
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No alternative payment plan,
I see. A divorce decree is a court order, so you cannot simply terminate it for non-payment and demand possession of the property.Instead, you must typically take legal action against you ex, seeking to hold him in contempt of court and even have him jailed through a motion for contempt filed with the court which entered the order.If you threaten this, it may be enough to compel him to sign the property over to you. If not, then you may need to actually file the motion or seek mediation of the issue if he is willing to negotiate a compromise.Unless the court has ordered arbitration, that would not typically be appropriate under the circumstances and each party would typically pay their own attorney's fees. However, in a motion for contempt, it would not be necessary if he complied with the court's order, so it is more likely a court would order him to pay your fees.
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