Ex stole college fund won't repay

[moretolove]

What is the name of your state (only U.S. law)? CO
Before our divorce, my ex stole our child's college fund. In the separation agreement, it was stated that she had to repay it by a certain day which is 5 years past and they have not paid it back. There is an indemnification clause in the separation agreement that states that obligated party will pay any cost, penalties, interest, and lawyer's fees in enforcing and defending the agreement.

I would like to keep this out of the courts and just get my daughter's college fund back. What is the best way to handle this?

 

[Just Blue]

What is the name of your state (only U.S. law)? CO
Before our divorce, my ex stole our child's college fund. In the separation agreement, it was stated that she had to repay it by a certain day which is 5 years past and they have not paid it back. There is an indemnification clause in the separation agreement that states that obligated party will pay any cost, penalties, interest, and lawyer's fees in enforcing and defending the agreement.

I would like to keep this out of the courts and just get my daughter's college fund back. What is the best way to handle this?

Please clarify the bolded portion.

Thanks
Blue

 

[moretolove]

Please clarify the bolded portion.

Thanks
Blue

'They' refers to my ex.

 

[single317dad]

If you want the court to enforce its order, you'll need to return to court.

 

[Mark Maroon]

What is the name of your state (only U.S. law)? CO
Before our divorce, my ex stole our child's college fund. In the separation agreement, it was stated that she had to repay it by a certain day which is 5 years past and they have not paid it back. There is an indemnification clause in the separation agreement that states that obligated party will pay any cost, penalties, interest, and lawyer's fees in enforcing and defending the agreement.

I would like to keep this out of the courts and just get my daughter's college fund back. What is the best way to handle this?

I am not sure why you would refer to your ex-wife as "they", but I'll let that one slide.

Let's start with the separation agreement.

Did a divorce court or judge sign off on the "separation agreement" in some way? Or was this just some sort of verbal or written "separation agreement" that the two of you worked out yourselves?

Why in the world would you wait 5 years after your ex was supposed to pay you the money in your child's college fund pursuant to the "separation agreement" before deciding that you wanted to pursue the matter?

If you don't want to have the courts enforce the "separation agreement", then you are left with your simple ability to convince your ex-wife to honor it. I assume that you have asked her and she has refused. That's it. Unless you want to do something illegal, like pay "Guido" (apologies to anyone of Italian decent) to threaten her with broken kneecaps if she doesn't pay up, there's really nothing more you can do but ask her.

If your "separation agreement" really says what you claim it says. then take it to an attorney and ask them to help you. Based on what you said, they can recover their fees and so you should be able to find someone who can help you on a contingency fee basis (you will probably have to convince the attorney that your ex-wife actually has assets sufficient so that the attorney can recover their fees).

 

[LdiJ]

I am not sure why you would refer to your ex-wife as "they", but I'll let that one slide.

Let's start with the separation agreement.

Did a divorce court or judge sign off on the "separation agreement" in some way? Or was this just some sort of verbal or written "separation agreement" that the two of you worked out yourselves?

Why in the world would you wait 5 years after your ex was supposed to pay you the money in your child's college fund pursuant to the "separation agreement" before deciding that you wanted to pursue the matter?

If you don't want to have the courts enforce the "separation agreement", then you are left with your simple ability to convince your ex-wife to honor it. I assume that you have asked her and she has refused. That's it. Unless you want to do something illegal, like pay "Guido" (apologies to anyone of Italian decent) to threaten her with broken kneecaps if she doesn't pay up, there's really nothing more you can do but ask her.

If your "separation agreement" really says what you claim it says. then take it to an attorney and ask them to help you. Based on what you said, they can recover their fees and so you should be able to find someone who can help you on a contingency fee basis (you will probably have to convince the attorney that your ex-wife actually has assets sufficient so that the attorney can recover their fees).

I agree with this advice for the most part, but here is the kicker: Is there a viable probability that she can actually come up with the money? No matter what action a judge takes against her, if she doesn't have the money or the means to generate the money, its not going to happen.