Property settlement unpaid... What do I need to do?

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Old Jan 22nd, 2013, 09:43 AM   #1
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Default Property settlement unpaid... What do I need to do?

In my divorce, there is a simple property settlement agreement. He was to pay a certain amount of money by July 15, 2011. He failed to do so. We went back to court 2 months later. He had just hired his lawyer the day before our court appearence. So, there was an agreed amount set beween the 2 lawyers on that day. It was to be paid by the 30th of each month thereafter until the debt was paid in full, This agreement wasn't filed in the court by either lawyer. It just got passed up. We never went back to court or anything. The payor has become 3 mos behind on the payments and i need to get this resolved. What do I need to do to have this payment enforced? What are my rights?
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Old Jan 22nd, 2013, 09:56 AM   #2
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Default re: Property settlement unpaid... What do I need to do?

I wish to inform you that the agreement between the lawyers of the two parties is a valid agreement. As there is default in the payment of three months of the other party, you may serve a written demand on the other party. If the matter is not resolved by the other party, then you may file a lawsuit. The burden of proof in the court will be on you to prove the allegations made by you. You may show a copy of the agreement if held by you. You may produce witness statements in support of your view point. You may produce a copy of the payment details to show that payments were made to you in fulfillment of the agreement. The court will consider all the facts and decide the matter. Depending upon the amount of claim, you may file the lawsuit in Small Claims Court or the County Court. You may claim costs in addition to damages on account of breach of agreement by the other party.

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Old Jan 22nd, 2013, 10:19 AM   #3
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Default re: Property settlement unpaid... What do I need to do?

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Originally Posted by danaknighton View Post
In my divorce, there is a simple property settlement agreement. He was to pay a certain amount of money by July 15, 2011. He failed to do so. We went back to court 2 months later. He had just hired his lawyer the day before our court appearence. So, there was an agreed amount set beween the 2 lawyers on that day. It was to be paid by the 30th of each month thereafter until the debt was paid in full, This agreement wasn't filed in the court by either lawyer. It just got passed up. We never went back to court or anything. The payor has become 3 mos behind on the payments and i need to get this resolved. What do I need to do to have this payment enforced? What are my rights?
You need to have the settlement agreement enforced -- as per order. You did not state that you and the ex signed the stipulated agreement for payments. But the court never approved the agreement.

Tell your lawyer that you want him back in court for failure to comply with the settlement agreement. Or the balance due paid in full by, say, the end of the month. And nothing short of that.

He has failed to comply with the payment plan so there is no need to go by it.
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Old Jan 22nd, 2013, 10:21 AM   #4
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I wish to inform you that the agreement between the lawyers of the two parties is a valid agreement. As there is default in the payment of three months of the other party, you may serve a written demand on the other party. If the matter is not resolved by the other party, then you may file a lawsuit. The burden of proof in the court will be on you to prove the allegations made by you. You may show a copy of the agreement if held by you. You may produce witness statements in support of your view point. You may produce a copy of the payment details to show that payments were made to you in fulfillment of the agreement. The court will consider all the facts and decide the matter. Depending upon the amount of claim, you may file the lawsuit in Small Claims Court or the County Court. You may claim costs in addition to damages on account of breach of agreement by the other party.

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This is absolutely wrong! Small claims courts do not deal in matters of divorce settlements. That is solely within the jurisdiction of the Superior Court that entered the decree.

If one were to file such a suit in small claims court it would be kicked out and the party referred to the original divorce action which approved the settlement agreemednt.
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