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Going back to court when a divorce settlement isn’t paid

It's not uncommon for marriages to end these days, and, unfortunately, too many of them end acrimoniously. Money matters don't help and they can get complicated. Even when settlements are arranged, it's sometimes necessary to go back to court to make sure they actually are carried out. I wrote about this issue for a column in the Toledo Blade.

It may be time to take ex-husband to court

Legal Briefs

By Dale Emch 

Dear Dale: Three years ago I got a divorce and my ex-husband was ordered to pay me a lump-sum divorce settlement. He was given a year to make the payments because his money was tied up in real estate. After a year, he claimed he wasn't able to pay the amount owed because of the bad real estate market and was given an extension to pay. It's been three years and he still hasn't paid much of what he owes me and I'm struggling to make a living. Do I have any options at this stage?

It's unclear from your letter whether your ex-husband went back to court in the last year or two to seek subsequent extensions to pay the money he owes to you, but because you didn't mention that I'm going to assume he didn't.

Toledo divorce attorney Henry Herschel, who I consulted about this issue, said the first thing he would consider is filing a motion to show cause why your ex-husband is not in violation of the court's order. Essentially, you're saying "Hey, Judge, this guy isn't doing what you told him to do and there should be consequences for that." In the motion, you could also seek attorney's fees, court costs, and the interest that would have accrued on the settlement amount.

If you can obtain a judgment showing your ex-husband is in default, you could attach the properties and seek an order from the court requiring them to be sold in a certain time frame in order to satisfy your husband's debt.

I say all of this without having had the benefit of seeing the language of the divorce decree or any subsequent orders, but the bottom line is that parties can't simply ignore court orders because the timing isn't convenient.

Seek the help of an attorney who specializes in family law. While that's going to require you to incur legal fees initially, it doesn't look like you're going to get anywhere by waiting for your ex-husband to follow through with his obligations.

Dale Emch practices law at the Dale Emch Law Office, LLC, in Toledo. In his column, he will discuss general legal principles and answer readers' questions. Neither Mr. Emch nor The Blade present or intend his column to be taken as legal advice. Readers seeking legal advice should consult with an attorney. Readers may send their questions to 615 Adams St. Toledo, OH 43604 or dale@daleemch.com. His Web site is www.daleemch.com.