Enforcement of PSA

This is a discussion on Enforcement of PSA within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; CT - I have a sealed divorce decree and PSA from NJ. We are both now living in CT. My ...

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Old Aug 31st, 2009, 09:06 PM   #1
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Confused Enforcement of PSA

CT - I have a sealed divorce decree and PSA from NJ. We are both now living in CT. My ex has had an increase in income, but has not provided tax returns to me so I can prove it. He is not paying alimony because it doesn't kick in until "disposition of the home" which he has been holding up and will probably be foreclosed on. He has properties that I am entitled to income from and he is not keeping me informed of that. I am held harmless on credit cards in my name that he charged on, but creditors say I still have to pay. Can you tell me how best to go about enforcing our agreement? If I get an attorney, shouldn't he have to pay for that since he is in violation of the agreement? I really don't have the money for an attorney. Legal Aid says that my $20K income and $200/week child support is too much to receive aid. There are numerous other items in the PSA that he has not abided by, but I want to be concise and get to the most necessary items that need attention. Thank you.
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Old Sep 1st, 2009, 08:47 AM   #2
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Default Re: Enforcement of PSA

Yes take him to court and hold him contempt. Ask the court to make him pay attorneys' fees.

If you cannot or don't want to get a lawyer see if World Law or others can help you prepare the papers to file yourself.
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Old Sep 4th, 2009, 12:34 PM   #3
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Default Re: Enforcement of PSA

$20,000 plus 200/week @ 52 weeks equals $30,400 per year income. So I can understand Legal Aid's position.

If you have a court order that states you are to be held harmless in the credit card payments, you need to send a copy of your judgment to those credit card companies still coming after you for the money.

It's difficult to say who will have to pay the court costs and attorney's fees. Most attorneys want their money up front.

You don't mention whether he makes more money per year than you, so it may stay the same despite any increase in pay. You also don't mention how you came to be aware of his increase in pay, as that is not normally a detail ex spouses are entitled to be privy to, but if the court did not order it, he is under no legal obligation to provide you with his tax returns.

If you feel the order has not been upheld, you can file a motion to enforce. You can do this by going to your district court, asking for the necessary paperwork, and filing them with the court.
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