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Ex not paying Property Equalization Payment

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D

Deezie

New member
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

Just Blue

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

Litigator22

Active Member
Deezie said:
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?
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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."
 
Z

zddoodah

Active Member
Deezie said:
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].
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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.


Deezie said:
If so, do I go through Civil or Small Claims Court?
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You'd go through the court that handled the divorce.


Bali Hai Again said:
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.
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Ummm...both JFK and Queens are on Long Island.
 
not2cleverRed

not2cleverRed

Obvious Observer
Bali Hai Again said:
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.
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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.
 
B

Bali Hai Again

Active Member
not2cleverRed said:
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.
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This egregious MSA needs to be reopened and the judge who signed off on it needs their head examined.
 
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