Delinquent on settlement

[ssfwilke]

My xhusband was to pay a certain sum of money to me as part of the divorce settlement. We filed no fault and did the filing ourselves. This amount is showing on the property settlement agreement. I also had him sign a note stating the terms of repayment. He is delinquent. Since it's part of the divorce decree and I have a note do I need to go back thru small claims court and get a final judgement? This is in Florida and the total amount now due is 3800.00 and change.

 

[I AM ALWAYS LIABLE]

My xhusband was to pay a certain sum of money to me as part of the divorce settlement. We filed no fault and did the filing ourselves. This amount is showing on the property settlement agreement. I also had him sign a note stating the terms of repayment. He is delinquent. Since it's part of the divorce decree and I have a note do I need to go back thru small claims court and get a final judgement? This is in Florida and the total amount now due is 3800.00 and change.

My response:

Since your property agreement was made party of the Decree, and the Decree was signed by the judge, you need to file an Order to Show Cause Re: Contempt of Court with the Family Law court. A hearing will be held, giving him an opportunity to explain to the judge why he has failed to pay. The usual reason is "I don't have the money". Well, guess what ? If that's his reason, then he'll be ordered to pay, again, AFTER he's paid a fine and spent the weekend in Jail.

IAAL