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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116710
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Need some advice. I got divorced last September 2014 and we

Customer Question

Hello, need some advice. I got divorced last September 2014 and we had a clean break. We had a financial settlement and I had to pay 45k in instalments. . 25k in sept 14 , 5k jam 15 , 5k June 15 and the remainder in 2016. So far I have not paid anything back. I have put my house on the market to sell to cover the costs and am just waiting for a buyer . My ex has now contacted a lawyer and have said they want the full amount in 21 days or will go to court. Is there anything I can do to postpone this
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Legally, if you had a signed settlement agreement and you have not complied, you are in breach of that agreement. The only way to avoid court and sanctions is to offer something to them to settle the breach of the agreement. You are going to have to negotiate with your ex to accept either more money for waiting for sale of the house or something else in exchange for them agreeing to wait for the house sale. If they refuse and you have not paid, the court has no choice legally but to enforce that agreement as written. So send a letter to your ex and attorney and tell them you want to settle this and explain your financial position and what you are waiting on and ask them what they want to resolve this amicably without litigation and see what they offer, or if you have an offer to make them consider waiting for the sale you can make that offer in the letter to them.

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