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Enforcing a monetary judgment in divorce decree

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oktoday

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

I was divorced almost 5 years ago and kept the house. There were many liens attached to my house that were my ex-husband's. The divorce decree states that my ex-husband is responsible for 1/2 of all liens that were attributable to us both and for 100% that were in his name alone. When the house was sold almost 2 years ago, I had to pay the liens from the proceeds of the house. (I actually had to take out a loan because there was not enough money to pay the outstanding mortgage and all the liens.) What is the time period or statute of limitations that I have to act within in order to pursue the money he owes me? I am afraid if I act now, he will retaliate and no longer visit our daughter so I would prefer to wait a few years until she is grown. Is there anything I need to do to protect my rights? Thank you.What is the name of your state (only U.S. law)?
 


Ohiogal

Queen Bee
You should act now. If he retaliates in that way he is only hurting the child and is showing what kind of person he actually is.
 

oktoday

Junior Member
Please don't misunderstand. The issue is not that he might not see my daughter, He is unreliable and we have accepted that. As a mother I need to put aside my feelings and do what is best for my child - and if that means waiting for the money in order to encourage a relationship, so be it. I simply want to know how to preserve my rights for the future if possible. If not, life is too short for bitterness so I'll let it go. Thanks.
 

fairisfair

Senior Member
no offense, but if he is a big enough @$$ to let paying you money that he legally owes you define his relationship with his child, then it is merely a matter of time before that relationship deteriorates.

What about when he owes child support, does he get off then too?? How about if paying his taxes makes him so depressed that he can't see her? Maybe the cost of groceries will throw him into a tailspin?

Of course, you know best how to handle your own personal affairs.
 

oktoday

Junior Member
I'm not looking for parenting advise. I've raised 4 successful, loving children and they have a wonderful step-father in their lives. I'm very aware my my ex's limitations and yes...he does pay child support! As a mature human being, I choose to NEVER involve my innocent child in any sort of bitterness. If I have the financial means to be able to make the choice to wait on enforcing an order to encourage a relationship than I am absolutely going to do it. I think anger and bitterness toward the other parent is a poison that spoils everyone involved. Of course my children know what their father is....but if I were the one who told them they would feel they have to defend them. Better they find out for themselves.

Does anyone have an answer to my question?
 

Humusluvr

Senior Member
I'm not looking for parenting advise. I've raised 4 successful, loving children and they have a wonderful step-father in their lives. I'm very aware my my ex's limitations and yes...he does pay child support! As a mature human being, I choose to NEVER involve my innocent child in any sort of bitterness. If I have the financial means to be able to make the choice to wait on enforcing an order to encourage a relationship than I am absolutely going to do it. I think anger and bitterness toward the other parent is a poison that spoils everyone involved. Of course my children know what their father is....but if I were the one who told them they would feel they have to defend them. Better they find out for themselves.

Does anyone have an answer to my question?
I respect your decision to wait, however you may never be able to recoup that money if you do wait.

I think you know what you are going to do in this case anyways, so if you ever see a dime, that would be a miracle.
 

Bali Hai

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

I was divorced almost 5 years ago and kept the house. There were many liens attached to my house that were my ex-husband's. The divorce decree states that my ex-husband is responsible for 1/2 of all liens that were attributable to us both and for 100% that were in his name alone. When the house was sold almost 2 years ago, I had to pay the liens from the proceeds of the house. (I actually had to take out a loan because there was not enough money to pay the outstanding mortgage and all the liens.) What is the time period or statute of limitations that I have to act within in order to pursue the money he owes me? I am afraid if I act now, he will retaliate and no longer visit our daughter so I would prefer to wait a few years until she is grown. Is there anything I need to do to protect my rights? Thank you.What is the name of your state (only U.S. law)?
Sorry, but the boneheaded judge should have assigned 1/2 the debt that was in his name alone to you if it was marital.

If this is the case, why don't you just cut your losses instead of looking the gift horse in the mouth??
 

LdiJ

Senior Member
Sorry, but the boneheaded judge should have assigned 1/2 the debt that was in his name alone to you if it was marital.

If this is the case, why don't you just cut your losses instead of looking the gift horse in the mouth??
Bali, its far more likely that the liens that were 100% assigned to him were for premarital debt.:rolleyes:
 

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