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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32775
Experience:  Began practicing law in 1992
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I'm having an issue with my ex-husband and how the money he

Customer Question

I'm having an issue with my ex-husband and how the money he owes me gets paid. I'm the Petitioner and he is the Respondent. In the divorce decree, the paragraph reads:
One hundred eighty-five thousand ($185,000) dollars for Petitioner's portion of the equity in the martial business Executive Lawn Service Inc. payable to Petitioner at a rate of $2569.44 per month for the next 72 months and due by the 5th day of each month;
The problem is this: when I read it, it tells me that he owes me a check MONTHLY just like any other debt he may have. If he pays me 3 checks in one month, that just takes off the balance owed to me, but he still has to send a check every month. He says that's not the way it is and if he pays more than one check within a month, that its because he is paying for the months ahead. I have had problems with him since day one and getting him to follow the decree especially with this money situation. That monthly check was taken into consideration in order for me to purchase a house. My salary alone will not cover everything. So my question is, who is reading this correctly, him or I? Everyone else I have had read this has agreed with me except for him and now I'm in a real bind. Any help or guidance would be appreciated. If I'm wrong, then there will be no sense in going in further in trying to get my money from him.
Thanks
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

As it is worded then he is supposed to pay you an amount each month with anything extra he pays you coming off of the end of the note.

However, he could also pay you the three checks and just designate on the "Memo" portion of the check that they are for certain months. Thus, the only way he would be liable under the order would be if he didn't put anything in the Memo section and then didn't pay monthly

.If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 6 months ago.
What if a majority of them DON'T have anything on the memo line? He mainly pays by cashier checks
Expert:  Dwayne B. replied 6 months ago.

If there is nothing on the memo line then it is up to the judge to decide. However, I believe that the judge will likely state that he is to make monthly payments so if he pays you three checks in one month then he is entitled to claim that is three months worth of payments.

However, he has to average out to one per month and the first time he does not then he is subject to contempt.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  Dwayne B. replied 6 months ago.

Also, he has to pay at least the amount of $2569.44 per month. Any amount he pays less than that or if the amounts average out to less than that then he is in contempt as well.