divorce law- getting money agreed upon in divorce agreement

[Michelle Witt]

I received a divorce in NY state. My husband had his lawyer write a settlement agreement for debts occured during the marriage and was written into the divorce. He now lives in florida and I wanted to know how to collect the money he owes me according to the agreement that he set. He is employed with his brother as a subcontractor and I would like to know what I can do in Florida to force him to make the agreed payments, for which he has stopped. What will this cost me to get the money and will he be liable for any of the legal fees? He has remarried and how does this affect my right to the settlement, what do they take into consideration in these types of matters when a divorce is awarded in one state but the spouse no longer lives in that state?

thanks Michelle Witt

 

[Elliotg]

Assuming the agreement was incorporated into or referred to within the order dissolving the marriage, then it would be appropriate to file a motion for enforcement/contempt. This should be filed in the Florida county where your ex now resides. Generally, it is not complicated to have the courts of another State enforce a court order.

An attorney should review the agreement.

Generally, the party best able to afford the attorney fees is ordered to pay them. If you prevail, as your ex does not have "clean hands", he will probably be ordered to pay your reasonable attorney fees and costs.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting the Florida Bar Association or the local county bar association. They probably have a web site and charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck, Elliot Jay Goldstein.

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this information. Seek a formal consultation with an attorney.