What recourse do I have to enforce the terms of the divorce decree to collect money owed to me?
03/25/2009 - Divorce - State: NJ #15759
My ex-husband and I divorced in August 2004. Currently we have a Property Settlement Agreement signed by the Judge. To date my ex has not been compliant with some of the terms of the PSA which we both agreed and initial before the final divorce decree. i.e pending sale of the marital domicile, all expenditures pertaining to the sale of the house would be split 50/50-the house sold in 5/06. To date my ex refuses to reimburse me my half of monies spent. Twice my ex stopped paying child support until family court intervened however, our youngest son is currently a Junior in college (he will turn 23 in 1/10) whereas he resumed paying, he will not pay the COLA so he is currently in arrears. He has ignored several written request by me and my attorney to pay what's owed to me, my attorney stated it will cost a few thousand to go back to court and I cannot afford to. What recourse do I have that I can initiate on my own (without attorney)? Since 2004 to the present, is there a statue of limitation?
When a divorce order isn't followed, a motion for contempt may be filed in the court that issued the order. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court.
I am unable to give a legal opinion on whether a statute of limitations applies to the property settlement, but generally there is no statute of limitations to collect child support arrears. I suggest discussing the issue with your attorney, who can review all the facts and documents involved.
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03/25/2009 - Category: Divorce - State: NJ #15759
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