Money owed from Ex In Divorce Settlement

[NY State]

When divorcing, my ex-husband and I did not use an attorney. We filed the papers ourselves. Our divorce decree was finalized in January of 1999. One month prior to that, while we were negotiating, we both agreed that he would buy out my interest in our house. He agreed to pay me $35,000, of which to this day I have only received $28,000. Now he's saying he won't pay the additional $7,000...he's had second thoughts and there were credit card bills that he was going to assume and says he used that money to pay them off. (He is correct..they have all been paid and canceled). Even though our divorce decree doesn't say either way that I was due that money, nor does it mention anything about credit card debt, I do have in writing a paper signed by him and notarized by an attorney stating that he would pay me the $35,000. If I take him to court would I win? What type of court do I go to?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by NY State:
When divorcing, my ex-husband and I did not use an attorney. We filed the papers ourselves. Our divorce decree was finalized in January of 1999. One month prior to that, while we were negotiating, we both agreed that he would buy out my interest in our house. He agreed to pay me $35,000, of which to this day I have only received $28,000. Now he's saying he won't pay the additional $7,000...he's had second thoughts and there were credit card bills that he was going to assume and says he used that money to pay them off. (He is correct..they have all been paid and canceled). Even though our divorce decree doesn't say either way that I was due that money, nor does it mention anything about credit card debt, I do have in writing a paper signed by him and notarized by an attorney stating that he would pay me the $35,000. If I take him to court would I win? What type of court do I go to? <HR></BLOCKQUOTE>


My response:

It would be a gamble. A court might, in it's discretion, may render a verdict based on "equity" grounds and call it a "wash". The debts were undoubtedly yours and his during the marriage. By paying the debts with monies earmarked for you under the notarized agreement, your ex-husband undoubtedly saved you from being sued by those creditors, and saved your credit rating. So, if it were me sitting on the bench, I just might rule against you, in the interest of justice. But, by that time, you will have spent many thousands of dollars getting to that point, only to receive nothing. It would be a "coin toss" if you sued.

IAAL


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[Prairielaw]

I tend to agree with the last post. My only thought was for a quick inexpensive resolution would be small claims court. But it looks like you would have to reduce the amount claimed to $3,000, which appears to be the limit to sue for there. You would also need to find out from the small claims court clerk whether matters relating to family law/divorce could be filed there.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."

 

[MaryNY]

Maybe $35,000 sounds like alot of money to some people. But after having been married to him for 10 years and, at his request, stayed home and took care of him and our child, I was forced to go and get a job when HE asked ME for a divorce. Do you think it was easy finding a good job, not having worked for 10 years?? Also, the house is worth around $250,000 and he makes in excess of $75-125,000 per year (I'm not even sure because he doesn't claim all of his income: See my TAX EVASION post on July 22). He got most of the contents of the house-all I got was a sofa set and kitchen table. All of the gifts that we received from MY family as wedding gifts he has kept. He won't even let me have any of my daughter's baby pictures. I receive no alimony-maintenance, was forced to move out of the house into a small run-down apartment with OUR daughter all because he decides one day last August that he doesn't want to be married anymore. HE asked for the divorce. HE was the plaintiff. I had no money to get an attorney and believed him when he told me that I would receive that $35,000. In the meantime I am forced to clip coupons and shop at Wal-Mart, while he has the money to play golf 2 days a week and be "Dad of the Year" every other weekend with our daughter by taking her on vacations and buying her toys. When someone takes a marriage vow and promises to love, honor and cherish their spouse, some people (me) are dumb enough to believe it! The only satisfaction I have gotten out of this situation is to have forced him to pay $350 a week in child support because of my threat to turn him into the IRS. However, I still feel entitled to the balance of $35,000 because he signed saying he would pay it.