About how long does it take to receive cash settlement divorce after judge signs it?

[Angela516]

What is the name of your state (only U.S. law)? NY

My husband's lawyer and my lawyer finally came into an agreement at the later part of last year. The final divorce documents of the now uncontest divorce were submitted to the judge in February. My husband wasn't going to release the settlement until the judge made the documents final. Finally the judges signs it the beginning of this month and the early part of next month it will be a whole month and I have yet to receive anything. I was wondering how long does this process take to receive the settlement. There is no real estate to be sold, it is just a cash settlement. I believe his lawyer is just dragging their feet.

 

[Isis1]

What is the name of your state (only U.S. law)? NY

My husband's lawyer and my lawyer finally came into an agreement at the later part of last year. The final divorce documents of the now uncontest divorce were submitted to the judge in February. My husband wasn't going to release the settlement until the judge made the documents final. Finally the judges signs it the beginning of this month and the early part of next month it will be a whole month and I have yet to receive anything. I was wondering how long does this process take to receive the settlement. There is no real estate to be sold, it is just a cash settlement. I believe his lawyer is just dragging their feet.

honestly.....it might just be the ex dragging his feet. and he can stall......and stall.....

does the court order have a "to be paid by" date?

 

[Angela516]

To tell you the truth my lawyer quoted and said "she doesn't know how long it will take". I am not sure if my lawyer was even made sure something like that was even mentioned in the divorce settlement. I didn't even see it either my lawyer reviewed it and signed off on the final divorce documents that were submitted to the judge.

Was there suppose to be a date in the divorce documents which the settlement to be paid by?

 

[mistoffolees]

Was there suppose to be a date in the divorce documents which the settlement to be paid by?

There's no standard that requires it. However, I encourage people not to leave anything open to interpretation. If it says he has to pay you $10 K by June 1, that's a lot clearer (and easier to enforce) than if it simply says he has to pay you $10 K. This becomes particularly problematic when it comes to home equity and mortgage issues.

Even without a firm date in the agreement, he can't delay forever. After a 'reasonable' period of time has elapsed, you could take him to court for contempt. Your first step would be to send a warning letter saying that if you don't receive your money by xxx date, that you will be filing for him to be held in contempt.

Unfortunately, I don't know what 'a reasonable time' is - as it probably depends on circumstances. That's the question I'd be asking your attorney. However, it doesn't sound like the delay has been all that unreasonable yet. You may not want to use the nuclear option until a little more time has elapsed.

 

[kar1958]

Cash payment too!

Angela I would like to give you some good news but I cant. My divorce was final last Nov and I am still waiting for my payment. I had a date of February 15th this year for 4 installments of 25,000/yrly because he didnt have the cash to pay me. I have received $6,000.00 to date and he just informed me that he can pay me here and there maybe the rest in July. As it was I gave him til Apr 30 to pay me. In our divorce agreement he is to pay interest everyday he is late of 5%. So Im kind of stuck I cant afford anymore legal bills (they are paid off). Without a date you might have a harder time than me.

 

[Angela516]

Thank you everyone(Mistoffolees, Isis1 and Kar1958) for the great advice. Hopefully something changes soon. I will send my lawyer a follow up email the beginning of next month and ask her for an update.

Basically it was the lump sum of 20k than $2k each month after that. I wish now there was a date somewhere in the agreement.

 

[stealth2]

You can ask your attorney to give you an estimate of when you can expect your check. It depends on a number of factors, such as the defendant’s policy, the type of case that it is and whether there are any extraneous circumstances affecting payout.

@whalleylaw This thread is >10yrs old - necroposting is frowned upon. Hence, your post being reported. Also, if you are a lawyer... you should contact Admin as they will want to vet you.