Awarded Settlement In Divorce, Can't Collect, Now What?

[Pauncherello]

What is the name of your state? NV

I was awarded a small settlement in lieu of giving up the family home to my ex-wife. It is close to becoming a year and I don't know how to go about forcing the decision of the judge's orders to be taken more seriously. Someone told me about filing a "Prosecuting Judgment" motion but I don't know what this is or what it will do? Is there a way to garnish wages or attach property?

Paunch

[wileybunch]

What county are you in?

[Pauncherello]

Washoe County. Papers were filed in Reno, NV

[seniorjudge]

I suspect the judgment is a lien on the real estate; you may need to record a certified copy of it in the land deed records.

Ask your lawyer.

Or have a title company run a title search on the real estate to see if the lien is already recognized.

[Pauncherello]

Thanks Judge,

Actually, the judgement reads under "Decree of Divorce": The Plaintiff owes an equalizing payment to the defendant in the amount of $X.XX

This is from the equity in the home. She can deduct child support, health insurance as well as any debt paid on my behalf out of this amount.

These things get messy as we all know, but I need to get the ball rolling as time is my enemy in these legal matters. I understand you can sue someone, but getting them to actually pay is another matter...

Paunch

[LdiJ]

Originally Posted by Pauncherello

Thanks Judge,

Actually, the judgement reads under "Decree of Divorce": The Plaintiff owes an equalizing payment to the defendant in the amount of $X.XX

This is from the equity in the home. She can deduct child support, health insurance as well as any debt paid on my behalf out of this amount.

These things get messy as we all know, but I need to get the ball rolling as time is my enemy in these legal matters. I understand you can sue someone, but getting them to actually pay is another matter...

Paunch

You should have at least some idea of your ex's finances. One thing that you should take into consideration when planning how to deal with this is whether or not your ex has the means, somehow, to actually make the payout in a lump sum.

You can certainly go to court and get a judgement against her, perhaps get a lien on the house, but that won't necessarily get you any cash, or at least not get you any cash in the relatively short term.

Keep that in mind...go to court with the idea of getting what you can realistically get, in a realistic time frame.

If she can qualify to refinance the mortgage for enough to buy you out, that probably should be your goal. If she cannot, and you are not on the hook for the mortgage, then you may want to explore more creative options. If you ARE on the hook for the mortgage, that means that other options are warranted, such as pushing a judge to order an immediate refinance or sale of the home.

In other words, you have to go into this with a strategy that gets you the best relief, in the shortest amount of time. A judgement and a lien against the home is all well and good, (and probably wise to get) but if she lives there for the next 30 years without selling, it doesn't do much for you.

[Pauncherello]

Wow LdiJ, that's incredibly sound advice. I needed someone to expound on what I was trying to convey. It just makes me (as well as anyone) have to go through procedures that do nothing but bring out the worst in people. I for one, am someone that runs from conflict and when forced to threaten action, well, I just don't like that face in the mirror...

I guess it's all about dilligence of the matter and putting the pressure on as much as you can afford the time to do it.

Thanks for the info.

Paunch

[wileybunch]

Very true about a property lien.
A wage garnishment will be quite fast, though, assuming she's employed above board.
I couldn't find info if Washoe County has a constable. Clark County does and here is a link for info on services the constable provides. Don't know if Washoe has the same:
[url]http://www.co.clark.nv.us/constable/index.htm[/url]

Edited to add: It appears that Washoe County doesn't have a separate "constable" office, but it appears they provide the same services. You would need to call and find out what services they offer and what you need to do to access them:

[url]http://www.washoesheriff.com/civil-fee-schedule.htm[/url]

[Bali Hai]

Originally Posted by Pauncherello

Wow LdiJ, that's incredibly sound advice. I needed someone to expound on what I was trying to convey. It just makes me (as well as anyone) have to go through procedures that do nothing but bring out the worst in people. I for one, am someone that runs from conflict and when forced to threaten action, well, I just don't like that face in the mirror...

I guess it's all about dilligence of the matter and putting the pressure on as much as you can afford the time to do it.

Thanks for the info.

Paunch

Trust me, if you were the woman here, LdiJ's advice would have been something like, take him to court for contempt and force the sale or refinance of the house without any of the other smooth talk she gave you!!

[Pauncherello]

@wiley,

Thanks for doing some leg work for me, i'll call this morning and see how it goes. I remember hearing about ex-highway patrol doing these jobs for 'serving' purposes and it was around 100 bux. It may be the same office I heard about.

@Bali,

I understand the double standard with judgments as evident that I know more men who started over with nothing than women. It seems either the woman is viewed as the weaker sex and couldn't possibly continue on in the manner in which she's become accustomed, (what with all the kids being automatically dumped on her to take care of). Or, is it that 9 out of 10 men don't know the meaning of monogomy.

In any case, this scenario is old and aniquated, more and more women are flaking off and running away from thier families, leaving them behind for the internet homewreckers that only want a three day quickie(this would be my case). Can't say anything about the monogomy, men are dogs.

Thanks everyone for pitching in, I've got to go put my mean face on, so i'll talk at you all later...

Paunch

[Pauncherello]

OK, Called the S/O and they just serve papers, they don't care what papers, they just serve them. So, back to square one. I now need to go back to court, (which for me is 500 miles away) and either force a new ruling on an old ruling or sue under the fact that the old ruling is not working within a timely manner.

Which papers do I file to either have the same family court judge read his own ruling again and take more efficient action against the other party this time, or create an action based on the fact that the initial action was never adhered to...?

Paunch

[StampGirl]

Just to be curious....

Did the judgement say when she had to pay you? Is there a "pay by such-and-such a date"?

[Pauncherello]

@Stampgirl,

No ma'am. As a matter of fact, the only dates are for my child support obligation to start immediatly.

As I mull this over, I believe the judge set this up as a surplus to wit, if I defaulted on any payments, she would be able to use on my behalf. What a fantastic way to use my share of the equity in the family home! As a cushion of security for my ex!

Thinking of another angle, how could I force the D.A. in Nevada to recognize the surplus and use in lieu of child support payments, giving me a much needed break and start it once again as soon as it's depleted?

I think this whole time, I needed to go after the D.A., I never should have wasted time on the counter action against the other party...

Thank you StampGirl! I have a new meanface mission...

Anyone have any ideas?

Paunch

[Bali Hai]

Originally Posted by Pauncherello

@Stampgirl,

No ma'am. As a matter of fact, the only dates are for my child support obligation to start immediatly.

As I mull this over, I believe the judge set this up as a surplus to wit, if I defaulted on any payments, she would be able to use on my behalf. What a fantastic way to use my share of the equity in the family home! As a cushion of security for my ex!

Thinking of another angle, how could I force the D.A. in Nevada to recognize the surplus and use in lieu of child support payments, giving me a much needed break and start it once again as soon as it's depleted?

I think this whole time, I needed to go after the D.A., I never should have wasted time on the counter action against the other party...

Thank you StampGirl! I have a new meanface mission...

Anyone have any ideas?

Paunch

You might cut off the child support payments and see if that's really what the judge had in mind?

[Pauncherello]

I don't know Bali, it seems a bit risky to be starting or stopping stipulations after the fact(without any court documents to back it up). There should be some action that can be taken to file a motion to be heard and have the D.A. office be present.

And since this has now become a Child Support issue, I should probably start posting in that category or at least have this thread moved over there...

I know I am making progress, as we have now figured out what this is really about. I don't know wether to be offended or relieved?

Paunch