How Do I get him to pay what he owes?

[jewelie]

Ohio

I surely hope someone here might have some answers for me. My ex and I were divorced last September. It actually was an annullment and he agreed to pay me $25,000 in lieu of splitting the property and marital home. He was to refinance the house and pay me $10,000 within 60 days of my signing a quit claim deed. The deed was signed in October 2006. The $15,000 balance that he owed me was to be paid in 25 $600 monthly payments starting 30 days after the annullment was final. Well he FINALLY got the house refinanced in April 2006 and I received $3,000. He made some minimal payments to me but never on time or what he was supposed to be paying. In total he paid me $6,875 but still owes me $18,125. I have not received a penny from him in months. Every time I try to contact him about the money owed he hangs up on me. All of the preceeding conditions are spelled out in my divorce papers. How do I get him to pay? I have contacted my Divorce lawyer and he says I can file a contempt of court charge and have him put in jail; but I really would rather attach his wages or put a lien on the house. Please help if anyone has any idea how to do this. My attorney wants another $1,500 retainer to help me and I do not have it.
Thanks for any help.

Julie

[Bali Hai]

Originally Posted by jewelie

Ohio

I surely hope someone here might have some answers for me. My ex and I were divorced last September. It actually was an annullment and he agreed to pay me $25,000 in lieu of splitting the property and marital home. He was to refinance the house and pay me $10,000 within 60 days of my signing a quit claim deed. The deed was signed in October 2006. The $15,000 balance that he owed me was to be paid in 25 $600 monthly payments starting 30 days after the annullment was final. Well he FINALLY got the house refinanced in April 2006 and I received $3,000. He made some minimal payments to me but never on time or what he was supposed to be paying. In total he paid me $6,875 but still owes me $18,125. I have not received a penny from him in months. Every time I try to contact him about the money owed he hangs up on me. All of the preceeding conditions are spelled out in my divorce papers. How do I get him to pay? I have contacted my Divorce lawyer and he says I can file a contempt of court charge and have him put in jail; but I really would rather attach his wages or put a lien on the house. Please help if anyone has any idea how to do this. My attorney wants another $1,500 retainer to help me and I do not have it.
Thanks for any help.

Julie

Listen to your attorney, if your ex is found in contempt of court, he will be paying your attorney fees for the contempt proceedings, unless there is something you are leaving out here on this forum.

BTW, ask your attorney how much money you can get from your ex from a jail cell.

[Ohiogal]

You file contempt of court against him and ask the judge to put him in jail until he posts a bond equivalent to what he owes you.

[Bali Hai]

Originally Posted by Ohiogal

You file contempt of court against him and ask the judge to put him in jail until he posts a bond equivalent to what he owes you.

Hell, the legal system perhaps might have this husband so down and out, that he would welcome jail with three squares a day, weight lifting, cable TV and a couch of his own. He may NEVER post that bond.

[jewelie]

Thanks for all the help. I have not left anything out. That was about the whole gist of the annullment. I settled for the $25,000 so he could keep the house and farm we owned together.
As for filing contempt charges against him; is there a way I can do that on my own without an attorney? Even if he is found in contempt my attorney wants $1500 up front before he will file and I do not have the extra money to do it.

[Bali Hai]

Originally Posted by jewelie

Thanks for all the help. I have not left anything out. That was about the whole gist of the annullment. I settled for the $25,000 so he could keep the house and farm we owned together.
As for filing contempt charges against him; is there a way I can do that on my own without an attorney? Even if he is found in contempt my attorney wants $1500 up front before he will file and I do not have the extra money to do it.

That tells me that your case is weak. Ohiogal??

[jewelie]

I dont know why it would be weak. The divorce papers spell everything out in black and white. It states EXACTLY how he is supposed to be paying. He just is refusing to pay. He has been that way always...never pays his bills and seems to get away with it most of the time. I will contact my attorney again and see if he will file the contempt charges and make my ex liable for the court costs. But how will contempt charges get me what is owed to me? I know he doesnt have the cash to post a bond that is equal to what is owed me. I would settle for him just making me payments on time; isnt there a way to garnish his wages for that?

[Bali Hai]

Originally Posted by jewelie

I dont know why it would be weak. The divorce papers spell everything out in black and white. It states EXACTLY how he is supposed to be paying. He just is refusing to pay.

My guess is that if this were the case, there isn't ANY attorney that would demand an upfront $1500 retainer, because they KNOW they will be paid. It's all about money as you know very well.

He has been that way always...never pays his bills and seems to get away with it most of the time.

Well YOU married him.

I will contact my attorney again and see if he will file the contempt charges and make my ex liable for the court costs. But how will contempt charges get me what is owed to me?

It won't.

I know he doesnt have the cash to post a bond that is equal to what is owed me. I would settle for him just making me payments on time; isnt there a way to garnish his wages for that?

Sure, ask the jail keeper to garnish his wages. If that doesn't work, GET A JOB!!

[jewelie]

I have a job. I work extremely hard to support myself. That does not preclude him from paying me what he owes me. I was married to him for 20 years. I gave him the house and farm and everything he wanted. There was much more equity in the property than the $25,000 I agreed upon. I am not trying to get more than what I put into that property between working, paying the mortgage and sweat equity. He has a legal obligation to pay this debt. That is the reason I came to this sight to try and seek out someone who might have some knowlege and might point me in the right legal direction I need to take to obtain what is OWED to me.

[Bali Hai]

Originally Posted by jewelie

I have a job. I work extremely hard to support myself. That does not preclude him from paying me what he owes me. I was married to him for 20 years. I gave him the house and farm and everything he wanted. There was much more equity in the property than the $25,000 I agreed upon. I am not trying to get more than what I put into that property between working, paying the mortgage and sweat equity. He has a legal obligation to pay this debt. That is the reason I came to this sight to try and seek out someone who might have some knowlege and might point me in the right legal direction I need to take to obtain what is OWED to me.

Ohiogal gave you the correct answer.

[Ohiogal]

Originally Posted by Bali Hai

That tells me that your case is weak. Ohiogal??

We family law attorneys are NOT allowed to take cases on contingency. We can do pro bono but we can not do cases and base our pay on the outcome -- which is basically what this would be doing if he took the case and said he would be paid when they won. Some attorneys take cases and accept payments but that is not required. Retainers are used to make sure attorneys get paid.

[Ohiogal]

Originally Posted by jewelie

I have a job. I work extremely hard to support myself. That does not preclude him from paying me what he owes me. I was married to him for 20 years. I gave him the house and farm and everything he wanted. There was much more equity in the property than the $25,000 I agreed upon. I am not trying to get more than what I put into that property between working, paying the mortgage and sweat equity. He has a legal obligation to pay this debt. That is the reason I came to this sight to try and seek out someone who might have some knowlege and might point me in the right legal direction I need to take to obtain what is OWED to me.

Again, file contempt. If you read your county's local rules you just may be able to file contempt against him on your own. YOu will need the filing fee and you will need to make sure you have money to pay for service (usually contempt requires service by sheriff) and you would need to make sure you use the proper method to write the complaint. But it can be done.

[firedaddy03]

I'm in Va.
Ohio gal I have a case alot like yours. I signed a house over to her,she is selling it for
130K net profit. The agreement I signed also had me refi my home & send her more money.I have custody of our child,she has no children with her.
Same agreement, she must pay her mtg until sold- she is late up to 3 months sometimes.
" " she must pay uncovered medical bills- never a dime
" " she must remove my name off the car-never has happened &late pay.
They dont make her live up to anypart of the agreement.
I filed contempt for her non payment of mtg - my attoney said not to."your undermining me"
now my x is freeking out because I have not paid the extra money.My attorney is now telling me the judge may get madd,lein my house,add her attorney's fee's ?
From what little I know all the above can happen,only through a new court date.
Good luck doing that in a short time. I'm tired of paying for her life !
Whats good for the goose ?