• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Aggreement in Divorce lump sum payments

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

confused76

Junior Member
What is the name of your state (only U.S. law)? CT

hi there my STBX and I have reached a agreement instead of alimony I will be receiving a lump sum payment of $7,500.00. but paid in 3 installments $3,000.00 the day we sign the divorce papers and then $2,000.00 2 months later and $2,500.00 a month after that. my question is that we agreed no alimony and lets say he does not make the last 2 payments can I open the case to get alimony or do I have to sue him in small claims court if he fails to pay? Just wondering I know we both signed the agreement but just worried he will only make th one time payment and not the rest. any advice would be great. there are no kids and we spilt the personal assets already.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CT

hi there my STBX and I have reached a agreement instead of alimony I will be receiving a lump sum payment of $7,500.00. but paid in 3 installments $3,000.00 the day we sign the divorce papers and then $2,000.00 2 months later and $2,500.00 a month after that. my question is that we agreed no alimony and lets say he does not make the last 2 payments can I open the case to get alimony or do I have to sue him in small claims court if he fails to pay? Just wondering I know we both signed the agreement but just worried he will only make th one time payment and not the rest. any advice would be great. there are no kids and we spilt the personal assets already.
Your solution, should he not make the additional payments, would be to take him back to court for contempt for not obeying the divorce decree. You will need to make sure that your agreement is properly documented in your decree. Do not accept a verbal agreement.
 

confused76

Junior Member
What would "contempt for not obeying the divorce decree" do? just wondering

yes my lawyer told me it is all written up and we both signed it, he asssured me that he would have to pay. My concern is that if I took him back to court would they just tell him to pay can they force it?
 

Zigner

Senior Member, Non-Attorney
What would "contempt for not obeying the divorce decree" do? just wondering

yes my lawyer told me it is all written up and we both signed it, he asssured me that he would have to pay. My concern is that if I took him back to court would they just tell him to pay can they force it?
It's not up to the court to collect your judgment.
 

confused76

Junior Member
Then what would happen? with the "contempt for not obeying the divorce decree"

Do I then just sue him in small claims?
 

Zigner

Senior Member, Non-Attorney
Then what would happen? with the "contempt for not obeying the divorce decree"

Do I then just sue him in small claims?
You don't get to sue again. Why would you even want to, since you already have a judgment?

ETA: Ask your attorney about enforcement options.
 

Bali Hai

Senior Member
What is the name of your state (only U.S. law)? CT

hi there my STBX and I have reached a agreement instead of alimony I will be receiving a lump sum payment of $7,500.00. but paid in 3 installments $3,000.00 the day we sign the divorce papers and then $2,000.00 2 months later and $2,500.00 a month after that. my question is that we agreed no alimony and lets say he does not make the last 2 payments can I open the case to get alimony or do I have to sue him in small claims court if he fails to pay? Just wondering I know we both signed the agreement but just worried he will only make th one time payment and not the rest. any advice would be great. there are no kids and we spilt the personal assets already.
Usually when someone worries about such things, that is exactly what they would do if the shoe was on the other foot.

You may be worried about absolutely nothing. You might want to visit Madame XXXXX Card Reader in your area to put your mind at ease.
 

LdiJ

Senior Member
What would "contempt for not obeying the divorce decree" do? just wondering

yes my lawyer told me it is all written up and we both signed it, he asssured me that he would have to pay. My concern is that if I took him back to court would they just tell him to pay can they force it?
Yes, the court would tell him to pay and if you asked the court to issue a judgment for the money they would do so. With a judgment you could garnish his wages or levy his assets.
 

confused76

Junior Member
Usually when someone worries about such things, that is exactly what they would do if the shoe was on the other foot.

You may be worried about absolutely nothing. You might want to visit Madame XXXXX Card Reader in your area to put your mind at ease.
Really that was helpful. :eek:

Ok thanks just worried that is all, as it is kind of a nasty divorce. and he does seem like the kind to stiff me as he feels that he was the wronged party
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top