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LEV
LEV, Retired
Category: Legal
Satisfied Customers: 29558
Experience:  Taxes, Immigration, Labor law
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Divorced years ago,WA state, after 9 years of marriage and ...

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Divorced years ago,WA state, after 9 years of marriage and receiving 18% of my ex''s military retirement. I have a judgement for 6K because he didn''t adjust the monthly amount with COLA. My name is XXXXX XXXXX the house and he refuses to refinance (didn''t specify that he had to in the decree) and he is hinting that he is going to stop paying. My previous attorney said that I can''t collect on the judgement because his income comes from his military retirement. Is there any other way to force him to pay me if he stops?

If you own the house jointly and your ex-spouse doesn't live in the property - you may put a lien on the property - so if the house will be sold - you will collect arrears from his share of equity.

You may also file a motion to modify your divorce agreement - and address the situation about property settlement including such circumstances if he stops to pay.

Your lawyer is correct - you may obtain the judgment - but unless the debtor own any property - you will have a hard time to collect. Any retirement benefits in WA are exempted from seizure by the bankruptcy court to pay creditors and generally you would have 10 years to collect the judgment before the statute of limitation runs out.

If he dies bore that - the debt obligation would be transfered to his estate and should be paid off before distribution.

You may however put a lien on other property he owns or garnish other income - please see here limitations imposed by the State of Washington - http://www.bcsalliance.com/debt1_washington.html

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