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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7036
Experience:  Experienced Family Law Attorney
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I divorced my ex husband in 1989 in Decatur, Georgia. My

Customer Question

I divorced my ex husband in 1989 in Decatur, Georgia. My daughter is now 29. My ex-husband did not follow the divorce decree. He just sold his house, not telling me about it of course, and I'm supposed to get 35% of the funds. He did not increase child support payments per income. He became very successful in business. He never held health insurance on my daughter, which he was supposed to. He always said he didn't have the money. I understand I may be at fault for not enforcing some of the decree. Any leg to stand on for a law suit at this point. I think the lawyer said the terms of the divorce were legal forever?
Submitted: 3 months ago.
Category: Family Law
Expert:  LegalGems replied 3 months ago.

I'm sorry to hear this;

the property division aspect of the decree is always valid- so if the marital property was just sold and the decree stated one party is entitled to a percentage, that needs to be complied with. One can bring a motion to compel payment per the divorce decree. If they continue to fail to do so, they can be held in contempt; if the house is still in the escrow process, one can submit the decree to the title company.

As for the child support, unforunately the court will not award retroactive child support modifications;they can only order a request retrocative back to the date the original request (the request for modification ) was filed.

From a Laches perspective, if one is entitled to a percentage of the house upon the sale, it is important to make a request right away so that the court will allow recovery- if a party unduly delays, the court can deny the claim based on a legal doctrine called "laches".

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
Do I hire a lawyer to file the claim? And the increase in percentages on the child support payment was in the original divorce decree. I understand it's too late now?
Customer: replied 3 months ago.
are you a lawyer in Georgia?
Customer: replied 3 months ago.
the house sold for $356,000 on June 9.
Expert:  LegalGems replied 3 months ago.

It is best to hire an attorney to file a claim;

if there were specified dollar amounts, or percentages for increase mandated in the decree for child support, a judge may order it but it may be barred by laches (laches is an equitable concept and basically the judge has the discretion to deny relief if they feel the other person waited to long to enforce the portion of the order relating to child support - and since the child has been an adult for so long it is quite possible the judge will deny the request re: child support; on the idea that the obligor assumed it was not going to be pursued due to the time lapse).

My services are limited to providing legal information on this forum, and not personally representing individuals.

With the house of the sale being recent, the judge would likely enforce that portion of the decree.

an attorney can be located here:

Due to the holiday I likely won't be able to respond to any follow up today so if you have follow up questions please post here and I will reply tomorrow.

Kindly rate 3, 4 or 5 stars so i receive credit from the site for assisting you. Thank you.

Expert:  LegalGems replied 3 months ago.

checking in on the above;

thank you for using Just Answer!