How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Tina Your Own Question
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
Type Your Family Law Question Here...
Tina is online now
A new question is answered every 9 seconds

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: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 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.

I hope you found my answer helpful, even if the law is not in your favor; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 5 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 5 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 5 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 5 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 5 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 5 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.

Please remember to press the ACCEPT button even if you have a subscription plan so I will be credited for my time by If you do not press ACCEPT, the website retains your payment and I receive nothing. A Bonus is always appreciated. Thanks again.

Tina and other Family Law Specialists are ready to help you