Ex not paying Property Equalization Payment

[Deezie]

I am divorced and live the state of Idaho.

A Property Equalization Payment was part of the divorce decree, however, I have not received a single payment as of yet. He is to pay me $40,000. The decree states "He shall make payments in such sums as William, in hi sole discretion, deems he is capable of paying until the full balance is paid in full on or before February 01, 2007. I have texts from my 3 children showing his purchases of a new hot tub, 2 used Mountain bikes @ $1500 each, a new ride on lawnmower, Trampoline at $1500, a 2nd vehicle bought for $6000 & a used dirt bike @ $2000.

Can I take this to court to get a judgement of a minimum monthly payment?. If so, do I go through Civil or Small Claims Court?

 

[Just Blue]

I am divorced and live the state of Idaho.

A Property Equalization Payment was part of the divorce decree, however, I have not received a single payment as of yet. He is to pay me $40,000. The decree states "He shall make payments in such sums as William, in hi sole discretion, deems he is capable of paying until the full balance is paid in full on or before February 01, 2007. I have texts from my 3 children showing his purchases of a new hot tub, 2 used Mountain bikes @ $1500 each, a new ride on lawnmower, Trampoline at $1500, a 2nd vehicle bought for $6000 & a used dirt bike @ $2000.

Can I take this to court to get a judgement of a minimum monthly payment?. If so, do I go through Civil or Small Claims Court?

Is the bolded correct? He was supposed to pay this off 16 years ago? Why did you never file contempt in all these years?

 

[Litigator22]

I am divorced and live the state of Idaho.

A Property Equalization Payment was part of the divorce decree, however, I have not received a single payment as of yet. He is to pay me $40,000. The decree states "He shall make payments in such sums as William, in hi sole discretion, deems he is capable of paying until the full balance is paid in full on or before February 01, 2007. I have texts from my 3 children showing his purchases of a new hot tub, 2 used Mountain bikes @ $1500 each, a new ride on lawnmower, Trampoline at $1500, a 2nd vehicle bought for $6000 & a used dirt bike @ $2000.

Can I take this to court to get a judgement of a minimum monthly payment?. If so, do I go through Civil or Small Claims Court?

Are we talking sixteen plus years?!

If so, I seriously doubt that any effort on your part to enforce adherence now (irrespective of theory or venue) would survive the defense of laches. *

You best seek an opinion from local counsel. But I don't think you will be happy with the result.

[*] "The doctrine of laches is a legal defense that may be claimed in a civil matter, which asserts that there has been an unreasonable delay in pursuing the claim (filing the lawsuit), which has prejudiced the defendant, or prevents him from putting on a defense. The doctrine of laches is an equitable defense that seeks to prevent a party from ambushing someone else by failing to make a legal claim in a timely manner. Because it is an equitable remedy, laches is a form of estoppel. A defendant who invokes the doctrine is asserting that the claimant has delayed in asserting its rights, and, because of this delay, is no longer entitled to bring an equitable claim."

 

[Deezie]

Is the bolded correct? He was supposed to pay this off 16 years ago? Why did you never file contempt in all these years?

sorry, 2027

 

[Zigner]

sorry, 2027

The poor, nay, terrible wording of your decree means that YOU have no say when he pays, as long as he pays by 2027.

 

[not2cleverRed]

The poor, nay, terrible wording of your decree means that YOU have no say when he pays, as long as he pays by 2027.

Well, by Feb 1, 2027.

So OP can try returning on Groundhog Day (2/2) 2027.

 

[Bali Hai Again]

Well, by Feb 1, 2027.

So OP can try returning on Groundhog Day (2/2) 2027.

And in the meantime William is paying for the luxuries described with the interest earned on the $40k. I wish my divorce took place in Idaho.

 

[not2cleverRed]

And in the meantime William is paying for the luxuries described with the interest earned on the $40k. I wish my divorce took place in Idaho.

Or at least not on LI?

 

[Bali Hai Again]

Or at least not on LI?

Closest I’ve been to LI is JFK and when my daughter lived in Queens. Hours away from LI, although I probably would have been better off with a LI judge.

 

[zddoodah]

He is to pay me $40,000. The decree states "He shall make payments in such sums as William, in hi sole discretion, deems he is capable of paying until the full balance is paid in full on or before February 01, [2027].

I hope your attorney didn't draft that idiotic language that obligates him to make only those payments that he, "in [his] sole and absolute discretion, deems he is capable of paying." It might as well say that he's obligated to pay "whatever he feels like paying." It appears that the only requirement is that he pay the amount by February 1, 2027, and that there is no real obligations to make any payments before then.

If so, do I go through Civil or Small Claims Court?

You'd go through the court that handled the divorce.

Closest I’ve been to LI is JFK and when my daughter lived in Queens. Hours away from LI, although I probably would have been better off with a LI judge.

Ummm...both JFK and Queens are on Long Island.

 

[Bali Hai Again]

Ummm...both JFK and Queens are on Long Island.

Now I know why the airport smells like dead fish in summer.

 

[not2cleverRed]

Closest I’ve been to LI is JFK and when my daughter lived in Queens. Hours away from LI, although I probably would have been better off with a LI judge.

I've read here that some LI courts can be... unpredictable.

But the grass is always greener... I'm sure OP would beg to differ with you. And OP's ex may beg to differ come 2027 if OP takes it back to court.

 

[zddoodah]

I've read here that some LI courts can be... unpredictable.

Based on my experience, Queens is downright corrupt. New York County (i.e., Manhattan) is woefully backlogged. I can't speak to the other boroughs or Nassau or Suffolk Counties.

 

[Bali Hai Again]

I've read here that some LI courts can be... unpredictable.

But the grass is always greener... I'm sure OP would beg to differ with you. And OP's ex may beg to differ come 2027 if OP takes it back to court.

This egregious MSA needs to be reopened and the judge who signed off on it needs their head examined.

 

[bcr229]

This egregious MSA needs to be reopened and the judge who signed off on it needs their head examined.

To say nothing of the OP's attorney who permitted such a thing.