I remember being quite satisfied with my final divorce settlement agreement. I felt I had been fair and was certain we had agreed on terms that we both could live up to. I was discussing the agreement with an older neighbor when he said to me, “that agreement is nothing but a promise on a piece of paper.”
In other words, if someone chooses to defy the court ordered agreement, the agreement means little to nothing. This is why it is important to understand the right steps to take to enforce a divorce settlement agreement.
I found out the hard way that divorce settlement agreements are made to be broken, or so my ex-husband thought. I also learned the hard way what steps one has to take to enforce the agreement and make sure that, in the long-run, there is some meaning behind it.
Divorce settlement agreements can be fairly basic. They can cover child support, visitation, and payment of marital debt or, they can cover everything from the right of first refusal to the custody of the family pet.
In other words, when it comes to these agreements there can be a few things that are defiable, or there can be quite a few things that are defiable. If you get lucky you will never have to turn to the family court system to enforce your divorce settlement agreement. If you don’t get lucky this article outlines the steps you will need to take to enforce the said agreement.
Here’s how to enforce a divorce settlement agreement.
Defiance of Support Orders:
If your ex isn’t complying with court-ordered child support or spousal support you will need to hire a divorce attorney to file a petition for contempt. Once this is done a judge can “compel” your ex to pay by garnishing their wages or sending them to jail until they agree to make regular payments.
In some states, you can report non-payment of child support to your local child support enforcement office. There are steps this office can take to collect child support on your behalf. If your state offers this service it will save you the money associated with having to use the courts to enforce the child support order.
Defiance of Visitation Order:
Just as with child support or spousal support, if your ex is refusing or interfering with visitation with your children you will need to hire a divorce attorney and file a petition for contempt of the divorce settlement agreement.
Interference of visitation can be hard to prove. And it’s common. Just look up Parental Alienation! It is important that you keep records of every scheduled visitation you missed and how your ex obstructed your ability to see your child. These cases normally end up in court and you want to be able to prove your case. Documentation is a valuable asset in doing that.
Defiance of Marital Debt Payment:
This issue is tricky! I encourage clients to pay off marital debt or remove their name from marital debt they don’t want to be responsible for before a divorce is filed. If that is not possible, a judge will order one spouse or both to pay off certain debts once the divorce is final.
What happens if your spouse refuses to pay a debt that is in both your names? Your credit score is negatively affected and you have no recourse with the financial institution because they do not recognize a divorce court order.
This is something that most divorce attorneys fail to make their clients aware of. Please take this seriously. If your ex is ordered to pay a debt that is in both your names and doesn’t, the financial institution will come after you to collect the debt.
If you find yourself faced with this situation you will need to hire an attorney, take your ex to court, and get a judgment against him/her for the amount owed to the credit company. If your ex fails to pay child or spousal support he/she can be held in contempt and even thrown into jail. When it comes to paying debts, though, a judge can’t throw someone in jail for failure to do what they were ordered to do. Debtor’s prisons are a thing of the past, darn it!
You will have to get a judgment which will enable you to put a lien against any property your ex owns and that is no guarantee of ever seeing the money.
That is why I emphasize the importance of entering into the divorce process with as little marital debt as possible. Your best bet is to protect yourself BEFORE anyone is given the opportunity to ruin your credit score, or before you are forced to take the steps to enforce a divorce settlement agreement.
Good day Cathy.
I am divorced and the agreement was he must pay R3000 per month with 10% pr year.
We both sign the agreement.
2019 he did not give any increase.
Since December 2019 he paid R1000 and February, June and July 2020 nothing was paid to me.
Over the years he only gave me R300.00 per month increase and not on ex: 3600 x 10% = 360 R3960.
Please advise if it is only R300 per year.
He is now in arrears about R45000
Thank you very much
Antoinette Kok
Antoinette, you need to discuss this with an attorney and you definitely need to take him back to court for contempt of the court order. I don’t feel comfortable giving you more advice than that since I haven’t see your court order.
I’ve tried to track him down for many years.
I have a divorce settlement stating my ex owes me $12,000, It has been a year since our divorce and he hasn’t paid me anything. He purposely doesn’t have a job and is living off of a student loan he took out and gets paid cash for side jobs. He also lives with his girlfriend and just purchased a Tesla. I’m sure everything is in her name to hide his assets.
What are my options?
My ex husband refuses to sign the divorce papers for a marriage TD Ameritrade to split the accounts he is hemorrhaging money from me can he be held in contempt our divorce was finalized December of 2019
I was awarded IRA in divorce, but the company isn’t transferring it because settlement agreement didn’t include account number of IRA. Stating it needs to be added. Do I have to go back to court or is there a paper we can fill out to add account number?
My ex-wife had thirty days to refinance a vehicle out of my name along with a credit card she opened fraudently in my name and has done nothing. What can I do?
What happens in elder divorce. If he hides money overseas? Can the attorney get the settlement forced to make him pay? He won’t do it on his own. A stonewaller.
I was divorced in 2009. When married I took out a Line of Credit on my home to get husband a truck and boat. The settlement was he pay me monthly payments for his share of the debt. I sold my home so had to payoff the Line of Credit to clear title. The divorce agreement was I make up a Note for 2 years that he makes payments on until a balloon payoff is paid. He stonewalled me on signing the Note….referred me to his attorney, who never answered my emails. He has kept making monthly payments all these years and I’ve sent him an amortization schedule. He has missed a month of payment and I wanted to know what my options are if he stops altogether. (thinking of worst case scenario)
X claimed bankruptcy to not pay. And it was not discharged in the settlement
My husband agreed to receive £10,000 from sale of marital home once sold, the house was sold and his son said he would pay the monies owed once he sold a garage and piece of land which he agreed to in 2015, the son then asked for a letter agreeing he could act on his behalf and was given details of bank account to pass on to the solicitor in 2019, unfortunately my husband died in 2020 and I appear to be getting nowhere in getting the son to honour this debt , how do I now proceed.
greetings, we divorced and sign an agreement of me paying child support, of which i am paying, then we agreed that the house is going to be sold and we share the money equally, i am paying the house and maitenance, its been 2years now and she is occupying the house, she asked me to give her a chance to buy the house, of which i did, she is not paying me back the bond money. what steps shud i take to resolve the matter.
Well in my divorce settlement. It states that my Ex will continue to pay for my car that HE got me yrs before the breakup. Now he stooped payments it’s been a year that he stopped paying for my car What can I do under the law he said he will continue paying my car in the divorce settlement. I thought a divorce settlement was legal document for payments of any kind
How can I get my ex husband to pay the money he owes me it’s in Pennsylvania
Hi Cathy i am a resident of Oregon and need to enforce a Divorce Decree in the state of Oregon where in it states the my property was granted to me but i have issue where the X-wife needs to sign the deed we have been Divorced since 2012 Do I have to hire yet another Attorney she refused to sign the deed now i cant sell my home
Texas divorce. My husband said he’d rather agree to a settlement created by him instead of paying for lawyer. So we created a settlement agreement and had it notarized. We purchased a house that I paid more than 1/2 of closing costs. and then 4 months after closing he wanted divorce.. We agreed that I would remain in the house and pay all bills & mortgage and remain co-owners to build equity. We agreed that of a 60/40 split when house sells. he was to pay 2 payments of $2,500. He paid 1, 2 was due February 14, 2022. WE agreed he would reimburse only NEEDED repairs on home until sell of house. He also agreed to reimburse me for maintenance and repairs on car 6 mnths up to $500. That included inspection, registration & oil change.
Ive maintained the house with no help as agreed. Then the heater went out during below freezing weather. I had appointment for repairs until I received a message from him stating.
He wants the house sold and was not going to pay the $2500. until he files taxes, and will only pay 50% of heater costs. I can’t afford the repairs without him paying something.
The judge attached our notarized agreement to the final decree. Every page of it is stamped just like the decree.
Can I file a breach of contract/agreement? Do I have to get a lawyer. now?
I agreed to not get an attorney in exchange for the financial agreement.
Hi Cathy! In the divorce we split 3 properties. I have the main house, he kept summer home and rental property and had to buy me out of the amount those properties amounted to. I am under contract to sell the main house. He is holding paperwork I need and he won’t sign off on the judgment about liens that it is not him listed during the search. I have been speaking to my attorney but I think I need to be more aggressive and take him to court. Is it possible that I can get an emergency hearing because my closing is an approximately 4 weeks. Unfortunately, if I do not get those documents, I cannot sell my house.
Are these documents you can obtain copies of from the original source? If they are bank documents, go to the bank and deal with them instead of him. The rest of your questions you’ll need to address with your husband. My concern for you is that, if you don’t get the home sold, you can be held in contempt by the court.
Hi I signed a paper to take my name out of our house so it be just his and he wanted to go make it certified well we did but never gave me or payed me the 50,000 thousand he promised for the house it’s been 7years can I do anything please help.
my divorce papers says I’m the beneficiary of a military pension but after the divorce, my name was taken off–any way to enforce this agreement. My former husband passed away on 5/11/22
what should my wife do if her ex stops paying a written signed agreement for child support that is not court ordered
x-spouse wrote and signed settlement agreement , ie gave me mobil home and property it is on with contents of all out buildings no money has changed hands in this transaction signed — x -spouse , and it was enmtered into certified divorce which i have a copt , when x-spouse went to county recorders office to change the deed she didnt take her name off only added mine to her existing deed in disagreement of settlement agreement i was to be awarded the marital mobil home and property , now ther was a fire home we owned together for 32 years had fire insureance in x- spouse name , but i paid half 50% down payment isnt half of any fireinsureance monies mine to replace what i lost possesions . i nothing not a dime did i recieve x spouse has 3 checking accounts 5 credit cards drinks like fish narcessistic personality disorder and has abuse me for years , im disabled and live on ssdi while she recieves a nbt pension of 480 bucks a month i kept house warm for 32 tears plowed snow put on roof fixed walls electrical work all 32 of the years we were married her investment in home was paid thripple while i got nothiong she has moved insureance money out of state to other place buying cars and truckl wothj my monies.. help me?
My divorce is final my daughter is now in college – we are to both equally pay what is left of her tuition after scholarships and financial aid I paid my 50% and now he has told my daughter she has to pay his half and take a student loan out – thats not what the agrement states – how do i get this enforced without having to hire an attorney again with money i dont have
Why is it that no one speaks of the man being abused in the settlement agreement. My situation is simple cohabitation took place and I have received zero relief to a point where NYS has garnished my earrings and my ex wife purged herself in our court system. What’s is my rights ?
I have an Order on Former Wife’s Motion for Enforcement dated August 30, 2016. I live in Florida & divorced 20 years ago. The payments go through the State Disbursement Unit. Unfortunately my ex-husband passed away in March of 2023. Will these payments stop now that he is deceased? Thank You