Divorce & Annulment

questions & answers

Question: In our Divorce Decree, my ex is ordered to make payments to me every month for the Equity from our home and property. He has been late in his payments half of the time; sent a NSF check or only partial payment. I accepted the payment plan because he said he wanted to keep the house, and was unable to get a loan for the amount he would owe. The total amount he would owe me is only $21,000.00. Is there anything I can do to have the Decree changed so that he has to pay the balance to me in a lump-sum now?

Answer: This is a situation that must be resolved by a Family Court judge, since the dispute is over payments related to the divorce decree. You can file a petition for contempt (you may be able to do it yourself, forms are often available on the county court website), and the judge can order him to court, and ask why he is unable or unwilling to pay. At that time, the judge has the authority to change the payment plan.

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QUESTIONS

  • In our Divorce Decree, my ex is ordered to make payments to me every month for the Equity from our home and property. He has been late in his payments half of the time; sent a NSF check or only partial payment. I accepted the payment plan because he said he wanted to keep the house, and was unable to get a loan for the amount he would owe. The total amount he would owe me is only $21,000.00. Is there anything I can do to have the Decree changed so that he has to pay the balance to me in a lump-sum now?

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